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Key Takeaways
- To prepare to file a truck accident claim, gather evidence like pictures, videos, and witness contact information.
- Seek medical attention and attend all follow-up appointments.
- partner with an experienced truck accident lawyer to guide you through the personal injury claims process and notify your insurance company of the crash.
- File your claim, including all relevant evidence, within the deadline so you don’t lose your chance to secure compensation.
- Work with your attorney during settlement negotiations and prepare for a trial if necessary.
After an accident with a truck, filing an insurance claim promptly is critical so you don’t miss your chance at compensation. You should also be prepared for the possibility of going to court to get a fair settlement or compensation beyond insurance limits.
Partner with a skilled truck accident attorney who knows how to file a truck accident claim, has experience negotiating with insurance companies, and is ready to go to court to protect your rights if necessary. Call (615) 249-1946 or contact us online to schedule a free consultation.
Steps for Filing a Truck Accident Claim
The truck accident claims process starts with collecting evidence while you are still at the accident site. This begins the process of building a strong case that the truck driver or another party was at fault in your crash.
Assess the Situation and Gather Evidence
Call 911 to report your accident. If possible, move to a safe place off the road. Take photos and videos of the crash and road conditions. Include any hazards, such as a poorly marked construction zone.
Gather the names and contact information of witnesses. Exchange information with the other driver, but do not discuss the crash. You may inadvertently say something that hurts your truck accident claim.
Seek Medical Attention
If you do not get emergency treatment, see your doctor as soon as possible so you can document your injuries in medical records. They are essential evidence when filing a claim after a truck accident.
Attend your follow-up appointments. The other party can use missed appointments as evidence that your injuries aren’t serious and you don’t deserve compensation.
Notify Your Insurance Company
Notify your insurance company promptly, providing only the basic facts. Do not admit fault. It is in your best interests to contact a personal injury lawyer before speaking with an insurance adjuster. Ideally, partner with a skilled truck accident lawyer before talking with insurance companies, especially if they represent the at-fault party. Your attorney can counter insurance company tactics meant to undermine your claim.
Consult a Truck Accident Lawyer
Choose an accomplished truck accident attorney who understands insurer tactics and won’t let them take advantage of you. Hiring an attorney for complex truck accident cases involving serious injuries is especially important.
Our experienced truck accident lawyers understand the common causes of truck accidents, how to gather the evidence you need, and how to negotiate with insurance companies. We also understand when to file a lawsuit to collect damages that insurance doesn’t cover.
Truck accidents are different from other crashes because of the amount of evidence you need that is under the control of the party you are claiming against. For example, the trucking company controls the truck’s black box, maintenance records, information about how many hours the driver was on the road, and other vehicle and driver-related data. An experienced attorney can help you get this critical evidence.
File the Claim
Complete the necessary forms to submit to the liable party’s insurance company. You must submit evidence proving that the other driver was responsible for the crash.
Mistakes during the claims process can create a long delay in receiving compensation or an outright denial. For example, if you do not submit sufficient evidence that the other party was at fault, their insurance company may deny your claim.
Do not discuss anything but the basics of your accident with an insurance adjuster. They will twist your words to deny your claim. Be aware of filing deadlines, as missing them could mean giving up your chance at receiving fair compensation.
It’s normally a big mistake to go through the truck accident claims process without an experienced truck accident attorney by your side. They can help you avoid making critical errors that reduce your compensation.
Fault and Liability
States like Tennessee, Missouri, and Arkansas are at-fault insurance states for auto accidents. That means the party who caused the crash is liable for damages without first exhausting no-fault auto insurance coverage. Some parties who may hold liability include the:
- Truck driver for driving negligently or recklessly.
- Trucking company for negligent hiring/training or based on vicarious liability if the driver was working at the time of your crash.
- Truck manufacturer, in the case of a defect.
- Cargo loaders, if improper loading contributed to your crash.
- Government entities that failed to maintain safe roads.
- A third-party driver who caused the truck to hit you.
An insurance adjuster or court will look at all the evidence from the crash to determine fault. They will assign each party a percentage of liability, which determines what percentage of your damages you can recover.
For example, you can only collect damages in Tennessee if you are less responsible for your crash than the defendants. Your percentage of fault reduces your compensation proportionately.
Negotiations and Settlement
Insurance companies protect their bottom line when their adjusters convince accident victims to accept low settlement offers. An insurance adjuster may insist the accident was your fault, tell you that you have a weak case, and pressure you to accept a quick settlement.
Turning down a fast settlement is difficult when you need funds to cover mounting bills. But accepting the first offer may leave money on the table if your injuries are more severe than you realize. Once you accept a settlement, you can’t ask for more later.
Partner with an experienced attorney who knows how to negotiate with insurance companies. We will use the evidence available in your case to push back against low settlement offers. There may be several rounds of negotiations before you get a fair offer.
Patience is key. Our accomplished attorneys are here to protect your rights and ensure you are not taken advantage of by unscrupulous insurers eager to deny or diminish the full and fair value of your claim.
Litigation
Ultimately, the insurance company may not make an acceptable settlement for your truck accident claim. The disagreement could hinge on the seriousness of your injuries or who was responsible for the crash.
If your case proceeds to court, our legal team will present a compelling argument, supported by evidence and witnesses, to demonstrate the other party’s liability and the full extent of your damages. Expert witnesses, such as rehabilitation and accident reconstruction specialists, may be called to strengthen your claim in complex cases.
Going to court doesn’t always mean you won’t reach a settlement. Settlements can occur any time during the trial, even moments before the jury delivers a verdict.
Consult our attorneys for answers to common questions after a truck accident. We are here to ensure you understand your full legal rights and options.
How NST Law Truck Accident Lawyers Can Help You
Our award-winning attorneys at NST Law have been helping accident victims secure compensation since 1990, successfully representing thousands of injured clients. We strive to level the playing field for vulnerable individuals facing powerful insurance companies that prioritize profits over people.
We’ve collected over $2 billion in case results for our deserving clients, including $6.3 million after a fatal truck accident that killed a retired 65-year-old client. He was driving his pickup eastbound in an interstate construction zone with backed-up traffic. We helped his loved ones secure meaningful compensation through a wrongful death claim.
We are passionate about helping our clients and the communities we serve. If you’ve been hurt in a truck accident, you don’t have to face the legal aftermath alone. To consult the Champions for the Injured at NST Law, call (800) 529-4004 or contact us online. We offer free, no-obligation consultations, and you pay nothing unless we win your case.
