18 Wheeler Accident Claim: Do You Need a Truck Accident Attorney?
The truck accident might be different from an average accident as commercial trucks are larger and heavier than regular vehicles and the accidents might cause severe injuries and damages and also complicate the insurance claim. In case of an injury because of an 18 wheeler accident, the main question that you may want to ask yourself is do you need a truck accident attorney.
The answer is determined by the conditions of your accident. There might be some cases when a minor accident is easy to handle with an insurance claim alone, without the assistance of a lawyer. But there are other cases, when injuries are severe or there are questions about who is liable or there is more than one party involved – in those cases it would be beneficial to hire an attorney.
Why 18 Wheeler Accident Claims Might be Difficult
There are many things to take into consideration while investigating the 18 Wheeler accident claim, besides finding out whose driver is guilty for the accident. Potential defendants might include the truck driver, trucking company, vehicle owner, maintenance company, cargo loading company, manufacturer or insurance company.
Also, trucking is regulated by Federal Motor Carrier Safety Administration that provides many regulations regarding commercial drivers, vehicle safety and hours of services rules.
Accident investigations might include evidence that might consist of accident reports, photos, statements of witnesses, information about vehicles, driver records, inspection records, etc.
For example, according to FMCSA, accident reports related to the accident are considered relevant documents that motor carrier or driver might be required to keep.
Therefore, 18 wheeler accident claims require thorough investigation as compared to the ordinary automobile insurance claim.
Cases, When You Don't Need an Attorney
As it has been mentioned, there are not all cases when you would need an attorney to help with your 18 wheeler accident claim. If the accident itself was minor, your injuries were not that severe, the liability is not disputable and the insurance company offers reasonable compensation, you might want to solve the case yourself.
However, you need to understand what you are giving up once you accept the settlement. Once the agreement is signed, there is little chance that you will get any further compensation
When Should You Consult a Truck Accident Lawyer?
There are some cases in which talking to a truck accident lawyer can be critical.
- You Have Received Severe Injuries
Any injury sustained during an accident is a serious matter, especially if they consist of bone fractures, spinal injuries, TBI, disability, or any other kind of severe physical trauma.
Apart from medical bills, you may suffer from additional expenses related to your rehabilitation, loss of wages, inability to work in the future and receive as much pay as you used to, and so on. A lawyer can determine how many types of compensation will be applied in your particular case according to your state laws.
- The Trucking Company Claims Liability
It is possible that the insurance company or the trucking firm itself claims your responsibility for causing the collision.
This means that you need to prove that you were not liable for the incident, because the evidence is crucial at such moments.
- Several Parties Could Have Caused the Collision
It may turn out that there are several people or organizations whose fault contributed to the accident.
For instance, the mistake of the driver is one thing, but lack of control by the trucking company is another. Also, it might be a fault of the maintenance service, loading company, or even the manufacture. Determining who bears responsibility will be challenging.
- The Insurer Contacts You Right After the Incident
You should keep in mind that the insurance company is a business entity which evaluates claims according to its policy, evidence, and relevant laws. That is why, an insurer can call you immediately after the incident occurred and start asking some questions.
Be very careful about any statements or settlements until you know all details of your injuries and rights.
- Your Damages Are Substantial
If your losses from the collision include expensive medical bills, substantial lost earnings, damaged property, etc., you will need professional legal advice to understand the value of your potential settlement.
What Can a Truck Accident Attorney Do for You?
A truck accident attorney can perform the investigation of the collision, find out the list of potentially liable parties, negotiate with the insurance company, collect evidence, assess the amount of your damages, negotiate your settlement, and file a lawsuit if needed
What Kind of Evidence Can Be Important in a Semi Truck Accident Case?
Evidence is among the key components of a semi truck accident claim. The stronger the evidence supporting your version of events, the easier it would be to prove fault and damages.
Relevant evidence may include the police report, pictures of the vehicles and the scene of the accident, medical records, hospital bills, witness testimony, surveillance video, and information about the truck and the driver.
Information related to commercial trucks may also become relevant to the investigation. Depending on the circumstances, investigators may examine the information about qualifications of the driver, inspections, vehicle maintenance, hours of service, loading and unloading documents, and many other materials.
FMCSA keeps federal regulations and guidelines about commercial motor carriers and drivers.
Driver Records
The way the driver behaved before and during the accident may be an important piece of evidence. Investigators may examine whether there were any incidents of speeding, distracted driving, fatigue, impairment, improper lane change, tailgating, and other dangerous actions.
There are also federal regulations regarding drug and alcohol testing for some commercial drivers after qualifying accidents. According to FMCSA, post-crash testing rules may vary depending on whether there was a death, a qualifying injury, or disabling damage to a vehicle, as well as citations.
Vehicle and Maintenance Records
Various mechanical issues may play a role in a truck accident. It may be necessary to examine brakes, tires, steering, lighting, and other systems of the truck.
Maintenance records may help find out whether the vehicle was properly checked and serviced.
Electronic and Video Evidence
Modern commercial trucks may provide a lot of useful data. Depending on the specifics of the vehicle and the circumstances, relevant evidence may include electronic logging information, onboard systems, dashcam video, surveillance video from nearby cameras, pictures, and other digital materials.
It is essential to preserve all the information since some data may not be saved forever.
Medical Documentation
Medical records may help prove the extent of your injuries. Be sure to keep all documents about your treatments, medicines, rehabilitation, medical bills, and other expenses associated with the accident.
In case your injuries prevent you from working, it would be good to have documentation about your lost income and employment.
A lawyer can help find out what kind of evidence is relevant in your case and how it may support your claims
Actions to Take after An 18-Wheeler Accident
When you get into an accident involving an 18-wheeler, there are actions that you can take in order to protect your interests.
- Seek Medical Attention
Seek out medical attention immediately, especially in case you were injured or have injuries that might not be obvious.
- Report the Accident
Make sure to contact the appropriate authorities and that the accident gets reported to them.
- Document the Incident
Try to get photographs of the accident site if possible. It would be best to document the scene, including the vehicles, road and traffic conditions, visible injuries, and anything else you find relevant.
- Collect Witness Information
If there are witnesses at the scene of the accident, try to collect their contact information. They might come in handy in case there is some dispute in the future regarding how the accident took place.
- Save all Relevant Documents
It would be wise to save all documents related to the accident such as medical records, invoices, repair estimates, correspondence with insurance company, employment documents, and any others.
- Beware of Your Statement to the Insurance
You should report all necessary facts to your insurance company; however, you should not guess anything nor make any statement that might be perceived as your admission of guilt.
- Consult with An Attorney If Necessary
If the accident resulted in serious injuries, substantial damages, dispute regarding liability, or was with a commercial trucking company and its insurance company, then you should definitely contact an experienced truck accident attorney.
Frequently Asked Questions
Do I Need A Lawyer Automatically after My 18-Wheeler Accident?
Not necessarily. While it might be beneficial to consult with a lawyer even in small cases where the liability for the accident is clear, there are situations where a lawsuit is not required.
Is There A Difference Between Truck Accident Attorneys and Regular Car Accident Lawyers?
There are some lawyers who deal exclusively with truck accidents. Since truck accidents are more complex than regular car accidents due to various factors, having some experience might be an advantage.
How Soon Should I Contact A Truck Accident Lawyer?
While there is no specific time frame within which you need to contact a lawyer, it might be risky to wait since it would increase the chances that the evidence becomes unavailable.
Is It Possible to Sue The Trucking Company?
It might be possible depending on the circumstances. Liability of the trucking company for your damages and injuries will depend on various factors, including state law.
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
