How to File an 18-Wheeler Accident Claim
An 18-wheeler accident can prove to be much more difficult than any ordinary car accident claim. Commercial trucks are bulky and heavy vehicles, and the resulting injury from such an accident could prove to be very painful and costly due to medical and financial damages. The following procedure is the way to file a claim in case of an 18-wheeler accident.
In case you are a victim of an 18-wheeler accident, first thing you need to do is secure yourself from further danger. Once the danger passes, you could go on to collect all the required information to make a claim.
See a Doctor as Soon As Possible
Even if you don't think you are injured, make sure you see a doctor for evaluation since some injuries may not show up for a while.
Make sure to document all the information relating to the accidents like your medical records, hospital bills, prescription, test reports, etc.
Report the Accident
Contact the police and report the accident. An accident report from the police would prove to be very useful in the investigation process of your accident.
Depending upon the situation of your accident, a commercial motor vehicle crash may be required to be reported federally in cases when there is a fatality, when the vehicle needs to be towed from the location or if someone gets immediate medical care off site.
Make sure to ask how you can get a copy of the police accident report.
Gather Information At the Accident Site
If you are able to gather the information, make sure to note down the names, address, insurance details, and other relevant information about the truck driver. Also make sure to take photographs of the truck, road, signs, injuries and the scene of the accident
Identify the Trucking Company and Insurer
An essential component of an 18-wheeler accident claim would be identifying what company owns or operates the truck as well as the insurance company that insures the truck.
The truck may be owned by one company but operated by another. There may be more than one business entity or person who has a legal obligation in relation to the vehicle, driver, freight, maintenance or transportation arrangement.
Information on commercial motor carriers can be found in Federal Motor Carrier Safety Administration data bases. The SAFER system maintained by the FMCSA, for instance, contains company information including identification, inspection, crash data and safety information.
Be careful not to assume that the first insurance company that reaches out to you is the only company that has any involvement in the accident. It is possible for commercial trucking accidents to have more than one potentially responsible party and more than one insurance policy.
Notify Your Own Insurance Company
You are required to contact your own insurance company concerning the accident according to the terms of your insurance policy. You are not admitting to liability simply by making such contact.
It is possible that your own insurance policy has coverages that will come into play after the accident. For example, in certain circumstances, uninsured and underinsured motorist coverage will be significant.
In communications with the insurance company, stick to the facts. Do not make guesses if you do not know something for sure.
Preserve Evidence
Evidence may be extremely crucial in an 18 wheeler accident claim. Such evidence may include photos, videos, medical reports, police reports, damage reports, witness testimony and communications with insurance companies.
The investigation of commercial trucks may require information relating to the carrier, driver, vehicle, and circumstances of the crash. FMCSA maintains a crash database based on information provided in federal, state and local police crash reports involving commercial motor carriers.
Keep all photos and video evidence from the crash in their original format
Documentation of Financial Losses
The list of possible losses from an accident may include not only medical expenses. In some situations, damages may include such issues as medical treatment, rehabilitation costs, loss of income, diminished earning ability, loss of property, and payment for pain and suffering, depending on the particular case and applicable state laws.
You should keep a good set of records for all related expenses, including hospital bills, pharmaceutical expenses, transportation costs, repairs estimate, lost salary reports and so on.
In case you missed work due to injury, you should provide documentation about those periods and the loss of income.
Speak Cautiously With the Insurance Adjuster from the Trucking Company
After a bad truck accident, the insurance adjuster may come up and start asking some questions about the accident and your injury.
It is recommended to tell the truth, but do not make unnecessary statements, speculate about liability, and minimize injuries. You should read settlement papers before you sign them very carefully.
The recorded statement and settlement agreement may have serious implications. If you are not sure what to do in this situation, try to consult an experienced truck accident lawyer.
Who May Be Responsible?
In a case of an 18-wheeler crash, liability will not be necessarily only with the driver of the truck.
It may depend on the particular situation, and possibly responsible persons may include the trucking company, vehicle owner, maintenance company, cargo loading company, manufacturer or other parties.
For example, a collision may include driver negligence, lack of vehicle maintenance, improper cargo loading, defective equipment or some other circumstances.
Usually, responsibility should be determined through examination of the evidence, not assumptions about who is responsible for the crash.
Information About the Importance of Trucking Records
There may be commercial truck records that will not be involved in regular car accidents investigation. These may include information about the carrier, driver, vehicle, inspections, and crash history.
According to FMCSA, their public safety systems provide access to motor carriers information, including crash and inspection history.
This kind of information may help to conduct a research of the collision
Find the Value of Your Claim
Before deciding to accept any settlement, make sure you know all the losses you have suffered.
You may require medical treatment for weeks, months, or even longer. Some injuries will affect your ability to work and perform routine activities. Early settlement of a case might not allow you to receive further compensation in some states depending on applicable laws and the agreement.
A claim can be evaluated in accordance with:
Current medical bills Future medical care Wages lost Loss of future income Damaged property Costs of rehabilitation Pain and suffering Other losses related to the accident which are recognized by applicable state laws
Each particular case has an individual value of the claim. No general number can be applied to all victims of truck accidents.
Do Not Forget About the Statute of Limitations
One of the most important aspects of every case is the statute of limitations. The deadline for starting a lawsuit depends on the state and some other factors like type of the claim and whom the plaintiff is going to sue.
Do not think that you have an unlimited time just because an insurance claim has already been filed.
An insurance claim process and a lawsuit process are two different things. Discussion with the insurance company does not mean that you have extended or shortened your statutory deadline for filing the suit.
Since you cannot claim your losses in court without fulfilling the required deadline, it is better to find out the deadline applicable to your case at the very beginning.
Consult an 18 Wheeler Accident Attorney
The insurance problems, various parties that might be held responsible for your injuries, serious damage, and plenty of evidence should be considered in every truck accident case.
A lawyer with experience in this area of law can investigate the accident, discuss the issue with the insurance company, evaluate your losses, and find out whether there are any other parties involved in the collision and thus legally liable for it
Consider the Insurance Settlement Offer
After the claim review, the insurer might make a settlement offer. Do not rush and take the initial offer as an indication that it covers all of your losses.
Consider the offer in detail and compare it with the expenses that you incurred because of the collision.
Sometimes, if the issue of liability or the compensation amount is disputable, additional proof will be required. The lawyer can negotiate with the insurance company on your behalf, when needed.
Legal Claims Might Be Necessary
Negotiations usually help in resolving most of the accident claims. However, sometimes it might be impossible to settle the case without a litigation procedure.
If the negotiations are unsuccessful, the lawyer will advise you to file the lawsuit before the applicable deadline. The litigation process involves such steps as discovery, depositions, hiring of the experts, preparing motions, and sometimes even a trial.
It is worth noting that not all of the truck accident cases go to trial. Some lawsuits are settled before going to the court.
Organize the Claim
Organize all of your documents related to the accident. All your police reports, medical proof, bills, correspondence from the insurance company, photos, repairs documentation, employment documents, and other evidence should be kept in one folder.
Prepare a clear timeline of the accident including the details of your medical examination, absence from work, and your activities.
Organizing your evidence might make the whole process easier for you, your lawyer, and the insurance company.
Conclusion
Filing an 18-wheeler accident claim involves more than just getting in touch with the insurance company. It starts with getting medical treatment, filing a report about the collision, collecting evidence, identifying the trucking company and their insurers, documenting your losses, and learning about the applicable deadlines.
As commercial truck accidents may be rather complicated in terms of liabilities and number of parties involved, consulting the attorney might be beneficial, especially if there are serious injuries or the insurance company disputes the liability.
The most important thing to remember is to avoid hasty settlements until you know about the scope of your losses
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.
