Handling Commercial Truck Accident Claims

Commercial truck accidents are not the same as a standard auto accidents and require far more measures to identify the cause. In the cases, state and federal laws apply and must be evaluated when investigating the accident.

Commercial drivers must fulfill obligations as outlined in the laws, and if the regulations are violated, the driver or the trucking company could face serious penalties. Victims of these accidents need an attorney that understands how to manage the cases and build an effective case. 

Insurance Company Tricks

Insurers presenting the trucking company try to talk to the victim to get the individual to settle out of court for a smaller amount. Victims should refrain from speaking to anyone from the trucking company, their attorney, or the insurer.

If the person agrees to any terms even accidentally, the claimant cannot seek an additional award through a lawsuit. Injured parties that need to start commercial truck accident claims have the opportunity to speak to an attorney about their case. 

Who Was Deemed At Fault?

During the investigation, the officers determine if the commercial driver was at fault. If another party was at fault, the trucking company is not the defendant in the lawsuit. If the truck driver is at fault, the insurer investigates different aspects to find another reason for the accident that exonerates the commercial driver to avoid a payout. This includes defective auto parts, inferior repairs, and other issues that shift the blame to a different party.  

Why An Attorney Is Helpful

An attorney helps victims avoid any circumstances that discredit the claim and prevent the person from getting compensation. The lawyer reviews all the evidence and determines if the victim has a chance to get compensation through an insurance claim.  

Generating the Correct Evidence for the Case

Claimants need medical records to show the injuries sustained in the accident and how the injuries affect the person long-term. The medical invoices show the costs incurred by the victim and outline any additional costs the patient faces with ongoing treatment. The claim requires at least three auto repair estimates to show all costs for repairing the victim’s automobile.  

How FMCSA Regulations Apply

Commercial drivers must comply with all Federal Motor Carrier Safety Administration regulations to prevent hazards such as exhausted driving. Drivers cannot drive the vehicle for eight hours after any 12 to 14-hour driving schedule. If the driver exceeds the driving hours, the driver and the trucking company are liable for violations, and the driver is deemed at fault for the accident. The regulations also explain why the drivers aren’t allowed to use any stimulants even if the medications are OTC. If the driver is under the influence of alcohol or controlled substances, the driver is arrested.  

Commercial trucking accidents produce serious injuries and auto damage. There are a variety of reasons for the accidents, and some include violations of federal regulations. The trucking company must enforce the regulations and all company policies to reduce the risk of accidents. When starting a personal injury claim for the commercial trucking accident, the claimant must gather evidence including a full calculation of all economic losses and medical records that show their injuries. 

When bringing the case to court, the attorney collects evidence and eyewitness accounts of what happened. By hiring an attorney, the victims build an effective case to collect compensation from the trucking company or their insurer.