An 18-wheeler accident could lead to life-altering injuries and fatalities. After the accidents, the process of finding out who caused the accident could become complex. Victims will need an attorney to help them avoid common mistakes and to help them try to get the compensation for which they are entitled.
Trucking companies must file a claim through their insurance provider to complete claims for all the victims involved in the accident. The claims adjuster reviews their injuries and the economic losses of each victim. They decide how much is paid out through an insurance claim. If the victims do not accept the offer, they may have a chance to collect through a legal claim.
1. Hire An Attorney
An attorney can help accident victims get compensation for their injuries, and in an 18-wheeler case, the process could become tricky. Since it is a trucking company and not an individual, it could be harder to get insurance information, and the accident must be investigated to show who was at fault. It’s not an easy process like an auto accident where law enforcement can just assess the scene and make distinctions.
The insurance provider for the trucking company wants a thorough investigation to show if their driver was at fault. The trucking company will also have to test the driver for alcohol and controlled substances. There are many hoops that all parties will have to jump through just to complete the process.
An attorney can help the victims avoid circumstances where an insurer is trying to give them a low-ball settlement that is unfair and doesn’t cover all their medical requirements and economic losses. Victims of an 18-wheeler accident can contact an attorney at the Uvalle Law Firm for further help now.
2. Contact Law Enforcement
After the accident happens, it is vital for at least one party to call law enforcement and emergency medical services. The law enforcement officers will start the investigation to see what happened. If any driver is suspected of a DUI, the officers can use a breathalyzer to get their blood alcohol readings.
Any driver with a blood alcohol content reading of at least 0.08% will go to jail for a DUI, but the reading is 0.02% for commercial drivers. The trucking company will be contacted about the accident, and their insurer will send a representative to the accident or wherever the commercial truck was towed.
The accident investigation will assess the cargo weight on the truck, recent mechanical repairs, signs of poor maintenance, and other conditions that could contribute to the cause of the accident. After all assessments are completed, an accident report is available.
3. Seek Medical Treatment
All victims who were injured in the accident should seek medical attention. The doctors will complete a full assessment and create medical records for the victim’s injuries. If the victims must file a legal claim against the trucking company, they will need medical evidence to show what injuries they sustained in the accident and how severe these injuries are.
The medical evidence must show that the injuries were consistent with an 18-wheeler accident, and the victims didn’t sustain these injuries during a different event. If the victim’s injuries were life-altering or included a traumatic brain injury, the victim’s doctor may provide testimony about the injuries and the victim’s prognosis. These injuries could prevent the victim from leaving the hospital and may require long-term care when the victim leaves the hospital.
When calculating the victim’s medical expenses, the attorney will also need to get invoices from the doctor. All medical costs related to the accident must be included in the legal claim. If the victim needs ongoing medical care, the doctor could provide an estimate for the services to show the victim’s future economic losses because of their injuries.
4. Do Not Sign Any Documents Or Agree to Anything
The victim should never sign any documents or agree to a settlement without their attorney present. In these cases, the trucking company’s insurer may try to contact the victim to get them to agree to a lower settlement. If the victim agrees to the settlement, the trucking company won’t have to pay any further compensation for any losses incurred by the victim.
In 18-wheeler accidents, the injuries are often extensive, and the insurers will try to avoid paying an adequate settlement whenever possible. If they cannot provide a fair and reasonable settlement offer, the victim will need to go to court and allow the judge to make this decision. If there were multiple victims in the accident, it is possible that the claimants will group together in one legal claim.
5. Gather Evidence of the Accident
The attorney will contact witnesses that saw the accident and depose them for the case. The witnesses could support either side of the case, and both legal counselors are allowed to question the witnesses and acquire testimony. The witness accounts could provide further insight into what happened before and during the accident.
The attorney will also acquire calculations for all economic losses for the victim including medical expenses, lost wages, and auto repair costs. The financial losses are presented with the claim, and the claim may include tort-based claims if the victim suffered a permanent loss or life-altering injury.
An 18-wheeler accident could produce a variety of injuries depending on the circumstances of the accident. This could include the angle or speed at which the vehicles collided, a drunk driver, and mechanical failures. After an 18-wheeler accident happens, the accident is investigated thoroughly to rule out a variety of causes. These accidents do not just involve automobile owners, but a trucking company’s insurer will get involved in the case. Once the insurer has become involved, they will make attempts to provide victims with the lowest amount of compensation possible.
An attorney can help accident victims avoid low-ball settlement offers and gather evidence that supports their legal claim against the trucking company. If the commercial driver was drunk or under the influence of controlled substances, the trucking company is liable for all accident injuries and expenses. By contacting an attorney, victims can start a legal claim against the trucking company and get the compensation they deserve.
