How Truck Accident Claims Work

After getting hit by a truck, the first thing you should do is call the police—if you are able—and get the appropriate medical treatment for your injuries. Not only is this the best thing for your well-being, but it might also play an important factor in your truck accident claim.

If you refuse to seek medical treatment and later attempt to recover compensation for damages that resulted from your injuries, the insurance company may use your lack of medical treatment as a sign that your injuries were not serious—even if they turned out to be very serious.

Read More: How to Protect Your Rights After a Commercial Truck Accident

Collisions with semi-trucks usually result in serious injuries. You may need to be taken to the hospital immediately. However, if you can remain at the scene after being examined and released by paramedics, there are a few more things you should do after being hit by a truck. These include:

• Take photos and video of the truck, your vehicle, and the accident scene as a whole.
• Collect the contact information of anyone involved in the accident.
• Speak to any witnesses who saw the accident take place and get their contact information, too.
• Provide a statement to the police.

You should also reach out to a truck accident attorney as soon as possible so they can begin evaluating the cause of the accident, gather evidence, and ensure you are not taken advantage of by the insurance companies.

While there is no list of specific evidence you will need for a truck accident lawsuit, it is critical to understand that your case must be based on evidence that clearly demonstrates the negligence of another party. You must show that this negligence led to the accident, which directly resulted in your injuries and damages.

As such, evidence can take many forms. This includes:

• Photos of the accident scene
• Eyewitness testimony
• Medical records and other documentation related to the accident and your subsequent injuries
• Copies of any accident reports
• Photographs and expert assessment of the truck

Much of the evidence in a truck accident lawsuit can be difficult to obtain because it is held by the trucking company. The truck driver’s log, data from the truck’s black box, and other records are all crucial. They may prove that the truck driver was on the road too long prior to the accident, that the truck was not properly maintained, and much more.

Experienced truck accident attorneys understand the importance of this evidence. They will take steps immediately to secure the necessary records and hire experts to help determine who is at fault and what right you have to compensation.

Read More: Who Is Liable for a Truck Accident?

Damages—which refer to losses suffered as a result of an accident—can take a few different forms:

• Economic damages are direct monetary losses caused by an accident, including:
  • Medical bills
  • Property damage
  • Lost wages
  • Modifications to one’s home or vehicle
  • Therapy and rehabilitation
  • And more
• Noneconomic damages are psychological or emotional in nature, intended to compensate an accident victim and/or their family for the pain, suffering, and trauma caused by an injury.
• Punitive damages are rare, but they are intended to punish defendants for losses suffered as a result of (a) “actual malice toward the plaintiff” or (b) “a conscious, reckless and outrageous indifference to the health, safety and welfare of others” (see West Virginia Code § 55-7-29). In addition to punishing defendants for serious wrongdoing, an award of punitive damages serves as a warning to others not to engage in similar conduct.

Each of these categories needs to be carefully reviewed and considered when calculating an appropriate settlement amount.

Truck accident settlements are calculated by taking a close look at each of the types of compensable damages—economic, noneconomic, and punitive—and assigning a monetary value to each of them.

In the case of economic damages, you need to make sure to calculate not only past expenses, but also potential future costs. For example, if an injury is going to require long-term rehabilitation or home health care, those costs should also be calculated into the total settlement amount.

Noneconomic damages are more complicated to calculate since it is difficult to place a monetary value on pain and suffering. However, there are accepted multiplication methodologies, depending on the severity of your accident, that can help you come to the appropriate numbers.

Finally, punitive damages are decided by the court if your case goes to trial. The only specific rule is that they cannot equal more than (a) $500,000 or (b) four times the value of compensatory damages—whichever is greater.

Technically, no one needs an attorney to file a lawsuit, just as no one needs a car mechanic to fix their car or a roofing company to replace their roof. The more important question is if you should hire a truck accident attorney to file your lawsuit.

For most people who do not regularly deal with the intricacies and complexities of truck accident litigation on a regular basis, the answer is probably yes—especially when you realize all that goes into building a successful case. This generally includes:

• Investigating the accident
• Gathering evidence
• Interviewing witnesses
• Calculating damages
• Negotiating with insurance companies
• Filing a lawsuit as needed
• Presenting your case in court (if necessary)

Further, a truck accident attorney can help you avoid mistakes that could harm your ability to recover maximum compensation. Insurance companies will do everything they can to twist your words and take advantage of your situation, which an attorney will be able to spot and help you avoid.

There is always the chance that a truck accident case will go to court, though it depends on several factors. These include the complexity and value of your claim, the insurance company’s willingness to pay you the appropriate amount for your damages, and your tolerance for uncertainty.

If, for example, the insurance company refuses to offer the full amount that you deserve, but they are willing to offer 80% of the damages, you may decide to take the settlement offer to avoid the time and uncertainty involved in taking your case to court.

Read More: How Long Does It Take to Settle a Semi Truck Accident Claim?

The important thing is that your attorney is there alongside you the whole way and is fully invested in fighting for your rights and best interests. If you decide not to go to court and instead accept a lower offer than you may deserve, it should never be because your attorney does not like going to court. It should also never be because you do not fully understand the ramifications of your decision.

Make sure you can trust your attorney at all times, especially when dealing with whether or not to settle or file a lawsuit and prepare your case for trial. At Colombo Law, we prepare every case as though it will go to trial. This strategy has enabled us to obtain millions of dollars in verdicts and settlements for clients injured in truck accidents.

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