It’s estimated that there are over six million traffic crashes on the road each year. Even minor accidents that happen in parking lots still have the potential to cause serious injury and damage. So, as you can imagine, an 18-wheeler accident is almost always devastating.
Due to the large size and the high speeds at which they travel, 18-wheeler crash statistics and injuries tend to be much worse. Unfortunately, on top of that, truck accidents are also more complex in the claims and legal department. If you aren’t careful, you might accidentally forfeit your right to compensation.
So, what are some things you can do to protect your rights following one of these accidents? In this guide, we’ll go over some legal advice for truck accidents so you get the compensation you need for your injuries and property damage.
Prioritize Safety and Gather Evidence
When an accident occurs, the immediate priority should always be safety. Check for injuries and call emergency services if necessary. If you can, move to a safe location away from traffic.
Then contact the police. If you were seriously injured in the accident, getting evidence isn’t a priority. But if you’re able to move, you should attempt to gather some evidence at the scene.
This can be invaluable for establishing liability. Take photographs of the accident scene, the vehicles involved, and any visible injuries. Tell your account to the police and ask for a copy of the accident report.
Besides exchanging details with the other party, avoid talking to them. This is crucial for protecting your rights.
Getting videos of the surrounding area can also help set the scene. Collect witness statements and their contact information, as these can be invaluable later.
Document Everything
Documentation is key in establishing a clear picture of what happened. Keep meticulous records of any medical treatments and expenses you incur as a result of the accident.
This information will be critical when seeking compensation for truck accidents. Your healthcare costs are particularly important because of how expensive they will likely be.
It’s estimated that the average cost of a three-day stay in the hospital is nearly $30,000. And, unfortunately, injuries from 18-wheeler accidents tend to result in longer stays. However, in addition to healthcare costs, you should also be documenting things like:
- Lost wages
- Physical therapy expenses
- Pain and suffering
By keeping an accurate record of these things, you’ll be able to calculate a settlement figure that fully encompasses all of your damages.
Understand Liability in Truck Accidents
Understanding liability in truck accidents is complex. While the truck driver is often the primary party at fault, other entities may share responsibility. For instance, trucking companies can be held liable for their drivers’ actions under the principle of vicarious liability.
If a driver has a poor safety record or if the trucking company fails to conduct adequate background checks, they could be found negligent. Additionally, vehicle manufacturers may be responsible if a defect, such as faulty brakes, contributes to the accident.
Cargo loaders can also be liable if improper loading leads to instability and cause a crash. Despite the complexities of assigning fault, it ultimately falls on the victim to prove negligence.
This involves demonstrating that another party acted irresponsibly, resulting in the accident. Collecting evidence such as police reports, photographs, and witness statements is essential.
If you are unable to gather this evidence due to injuries, it’s crucial to consult a legal professional who can initiate the process for you.
Navigating Insurance Companies
Insurance companies often complicate the situation further. They may attempt to minimize payouts or deny claims altogether. Therefore, understanding how to communicate with them is crucial.
Always document all interactions and never admit fault or accept quick settlements without fully understanding the extent of your damages. Be aware that insurance adjusters are trained to protect their company’s interests, which may not align with yours.
As such, it’s quite common for them to offer you claims significantly smaller than the damages you suffered. When this happens, you’ll need to negotiate with the insurance companies.
It’s advisable to consult a lawyer before engaging in detailed discussions with insurance representatives. They can help ensure your rights are protected and that you receive fair compensation for your injuries.
They’ll represent you so that you don’t need to worry about mastering the art of negotiation just to get your expenses covered.
The Importance of Legal Assistance
When your insurance company offers you what seems like a sizable settlement, it can be tempting to take it. However, doing so jeopardizes getting the damages you deserve.
For example, some insurance companies will offer 18-wheeler accident claims to cover the cost of the immediate hospital bills. But, they don’t account for slow-developing injuries that appear later or the physical therapy that may be required to recover.
This is why getting legal help is so important. First, a truck accident lawyer can give you advice on whether or not you should accept the settlement offered by the insurance providers.
If you dispute the amount, they can help you gather the evidence needed to negotiate with insurance representatives. And, if a settlement can’t be reached, they can represent you in a court of law.
Most importantly, they take the stress off your plate. After an intense accident, the last thing you need to do is deal with greedy insurance companies. Legal assistance takes care of everything so you can focus on getting better after the crash.
Involved In an 18-Wheeler Accident? Contact David Bell Law Firm
We hope this guide helped you learn more about your legal rights following an 18-wheeler accident. Here at David Bell Law Firm, we know that those dealing with a traffic injury, or worse, the death of a loved one don’t have time to worry about gathering evidence.
That’s why our firm can take care of it all for you. From evidence collection to settlement negotiations, we use our three decades’ worth of experience to get you the compensation you’re entitled to.
So if you want to learn more about how we can help you, schedule a consultation today.