Getting into an accident with a massive commercial truck is a scary experience. The sheer size of these vehicles makes getting into a crash with one of them can have deadly consequences. You might suffer serious accident-related injuries. What you do after a truck accident is important to the success of your claim.
Contact an experienced San Jose truck accident attorney to learn more about what you might be entitled to recover after a truck crash. There is no reason for you to pursue compensation alone after a truck accident. Schedule a first consultation with an experienced attorney and take the first step towards getting the financial recovery you deserve.
Truck Accident Statistics
Unfortunately, truck accidents are far too common.
The National Safety Council published the following statistics on truck crashes regarding one recent year:
- 5,700 fatal accidents involved a large truck, resulting in 5,788 fatalities.
- There was an 18 percent increase in the number of truck accidents from the previous year.
- The number of deadly truck accidents has increased by 49 percent over the past decade.
- More than 100,000 commercial trucks were involved in injury-causing accidents.
An accident involving a large commercial truck can happen anywhere.
Areas where commercial truck accidents commonly happen include:
- Work zones - 5.59 percent
- Non-work zones - 94.41 percent
- Rural areas - 45.47 percent
- Urban areas - 45.47 percent
- Interstate - 26.01 percent
- Non-interstate - 73.99 percent
A truck accident can happen in any area and at any time. If you or a loved one has suffered an injury in a truck accident, contact an attorney to learn how to protect your legal rights after an accident. Do not delay getting legal counsel. The right attorney will make all the difference as you work toward a full monetary recovery.
Truck Drivers Have Strict Regulations After An Accident
The Federal Motor Carrier Safety Administration (FMCSA) regulates truck drivers. Drivers and trucking companies have major consequences after a crash that passenger car drivers do not need to consider.
Truck drivers risk losing their livelihood after a crash. The FMCSA puts strict regulations on drivers. Depending on the cause of the accident, a truck driver can lose their CDL license or have it suspended, or the trucking company might fire the driver.
Trucking companies might face strict consequences, too. If the company employs the driver, the trucking company handles any damage the driver causes.
There might be more consequences for trucking companies that affect their ability to run the business. Depending on the cause of the accident, a trucking company might face an FMCSA investigation and increased insurance rates.
Get Medical Attention Immediately
Get medical help immediately after a truck accident. Seeing a doctor can not only help your physical condition, but it can also help your legal claim.
Insurance companies look for any reason to avoid making payments to injured people. Insurance adjusters use various tactics to keep profits high and avoid making payments.
Examples of the underhanded tactics include:
- Delaying communication
- Offering a quick settlement
- Presenting lowball settlement offers
- Blame-shifting
Not getting medical attention after the crash can harm your legal claim. The insurance company will look for any reason to deny your claim. Do not give them a reason to deny you.
As an accident victim, you should make sure that you complete your treatment plan. After a medical evaluation, your doctor will likely give you a treatment plan to complete.
Completing your treatment plan shows the insurance company that you are committed to doing everything you can to improve. On the other hand, if you do not complete your treatment plan, the insurance company will argue that your injuries are not severe or that your current injuries were due to something other than the accident.
During the investigation, the insurance company will ask for access to your medical records. An adjuster might ask that you sign a medical release authorization. Insurance companies want to review your medical records to look for another explanation for your injuries besides the accident.
Getting legal advice before you sign anything, including a medical release authorization, protects you because you will receive sound counsel about what to agree to release. Your lawyer will guide you to make the best decision.
Be Careful Who You Speak To After An Accident
Any truck accident victim must pay careful attention to who they speak with after a crash.
You can expect communication from the insurance company after an accident.
An adjuster representing the other driver’s insurance company will likely reach out to you. It is never a good idea to speak to an insurance company without getting a lawyer first.
Written And Recorded Statements
The insurance company will often request a written or recorded statement after the accident. A recorded statement will happen during an interview between an accident victim and an insurance adjuster, but you must agree to it first.
Insurance companies ask for a recorded statement so you cannot backtrack on what you say about how the accident happened or the nature of your injuries and losses.
You should not agree to supply a recorded statement without legal advice. Insurance companies want as much information as you can give, hoping you might make a mistake they can use against your claim.
Examples of what insurance companies are looking for in a statement include:
- A description of your injuries
- What do you remember about what caused the accident
- Whether you have gotten medical treatment
- If you have been released from a doctor’s treatment plan
- Whether you have any ongoing medical treatment needs
- Whether you know if other people were involved in the accident
Exercise caution before you give a recorded statement. An insurance company can use what you say against you. Any statement you provide can be used as evidence in a civil trial.
You must say the right things and avoid saying the wrong things. Insurance companies look for inconsistencies in your wording, admissions about liability, and other misstatements that can help their side of the case.
Before you make a statement, contact a truck accident attorney. Your lawyer can speak to the adjuster for you and advise on what you should avoid saying to protect your legal rights after a truck accident.
Never Admit Fault or Liability for the Accident
You should never admit fault for the accident. Especially immediately after the accident, you probably felt overwhelmed. The emotional nature of recovering physically and mentally can lead you to make statements without thinking. Speak to a lawyer before speaking to anyone else.
After an accident, keep your guard up against making seemingly casual statements about what happened. Hiring an attorney is the best way to protect yourself against accidentally saying too much.
If you have a legal team, you can simply direct the insurance company or anyone else looking to get a statement from you to speak to your attorney. This relieves the pressure from you so that you can focus fully on your physical and emotional recovery after an accident.
Avoid Posting To Social Media
Social media is a part of most of our daily lives. You can write and publish a post to your friends and followers without a second thought. After an accident, however, you need to be careful of what you post on social media.
The insurance company is likely going through your social media with a fine-toothed comb, looking for anything that will downplay your claim.
Can a Truck Accident Attorney Help Me?
A knowledgeable truck accident attorney can support you after a truck accident. Accident victims with attorneys representing their interests tend to have more successful outcomes as they pursue compensation for their losses. Examples of how an attorney can help your case include:
Negotiate a Settlement
Most accident settlements get resolved in the negotiation phase of the case. Your attorney will discuss your damages with the insurance adjuster assigned to your case and try to get a satisfactory settlement.
Like any other business, the insurance company wants to make sure that it saves all the money it can. If offering you a lowball settlement means saving money, then the insurance company will do just that.
Investigation
You must prove that the truck driver or another party caused the accident. To prove your claim, you will need evidence. A truck accident attorney will investigate the cause of the accident. Your legal team will review your medical records and bills, photos of the accident scene, and property damage, among other evidence.
Appeal An Insurance Denial
The insurance company might deny your claim. Insurance adjusters can use the excuse that your policy does not cover your damages. Your attorney can sit down with you and review the terms of your policy to ensure that the insurance company is compliant with the terms of your policy.
If your claim gets denied, then your attorney can file an appeal. The insurance claim appeal can be an intimidating process. If you get denied, keep a copy of the denial letter and discuss the reasons for the denial with your attorney.
Your lawyer will ensure you get the decision overturned whenever possible, so you can obtain the financial recovery you deserve despite the insurance company’s attempt to deny coverage.
File a Personal Injury Lawsuit
You might be entitled to file a personal injury lawsuit after a truck accident. Sometimes, the limits of the responsible parties’ insurance policy are not enough to cover your losses after an accident.
Your attorney can identify your right to pursue alternative avenues for recovery, like uninsured and underinsured motorist coverage. Both underinsured and uninsured motorist coverage are optional.
If your insurance policy does not include this coverage, you might need to file a personal injury lawsuit to recover your remaining losses.
Filing a civil lawsuit for damages can be confusing, especially if this is your first time doing it. State law requires plaintiffs to follow strict procedural rules. For example, plaintiffs must follow the statute of limitations or risk losing the right to file a lawsuit.
The statute of limitations is the deadline set by state law for accident plaintiffs to file a lawsuit. An attorney is trained on these procedural rules and can help ensure that your case is not dismissed on a technical basis.
Represent You At Trial
While most cases settle during the negotiation phase, some cases go ahead to trial to get a resolution. Standing up in court and explaining how the accident changed your life is hard, but fortunately, you do not have to stand alone.
An attorney will present your case persuasively so that you get the most compensation available and that you fully financially recover.
What Can I Expect During My Initial Consultation?
During your first consultation, you will discuss the basics about the accident and your injuries and other losses.
Consider bringing the following documentation to your first consultation to make the most out of your meeting and help the lawyer you meet with start to make a strategy for your case.
- Medical records with your doctor’s notes about the prognosis and how long it will take you to fully heal.
- All of the medical bills you have accumulated so far.
- Pictures of your injuries.
- Pictures of your property damage.
- A list of witnesses, including friends and family, who can discuss how you have changed since the accident.
- Documentation of lost income.
- Records from a mental health professional.
The items listed above are a good starting point for your first consultation, but don’t worry if you do not have all of it by your initial meeting. The important part is to continue following the recommendations of your doctor and lawyer to protect your rights and ability to collect compensation.
Contact A Truck Accident Attorney Today
Contact an attorney today if you or a loved one suffered an injury or died in a truck accident. Creating a legal team is the best way to get your life back after a truck accident. Call an experienced San Jose personal injury lawyer now to start your journey toward getting compensation.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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