If you have been involved in a trucking accident and the trucking company denies liability, it can be a frustrating and stressful experience. Trucking companies may try to avoid taking responsibility for accidents to protect their bottom line, but you do not have to face this battle alone. Understanding your rights and taking the right steps can help hold the responsible parties accountable and pursue the compensation you deserve.
If a trucking company denies liability after an accident, do not let them get away with it. Contact an experienced truck accident lawyer who can investigate the accident, gather the necessary evidence, and fight for your rights. With legal representation, you can pursue the justice and compensation you are entitled to.
Truck Accident Statistics
The Federal Motor Carrier Safety Administration is the government agency that regulates the trucking industry. Trucking companies must abide by the rules that the FMCSA enforces to remain in compliance with federal law.
The FMCSA creates laws and regulations to protect truck drivers and other travelers from the unreasonable risk of a traffic accident. However, despite these efforts, accidents involving large commercial trucks remain a problem across the country.
Some important statistics published by the FMCSA include the following:
- In a recent year, there were nearly 6,000 crashes involving large commercial trucks.
- On average, the number of large commercial truck accidents that ended in death increased from just under 5,000 to right under 6,000 nationwide.
A truck accident attorney can help if you or a loved one suffered an injury or was killed in an accident with a large commercial truck. Do not wait- an experienced attorney can help you get everything you deserve after an accident.
Common Injuries After a Truck Accident
Commercial trucks are massive vehicles. The sheer size and weight of these trucks can cause devastating and deadly results. Given this, injuries from truck accidents can be severe. Here are some of the most common types of injuries that victims suffer after a truck accident:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Neck and whiplash injuries
- Broken bones and fractures
- Internal injuries and organ damages
- Severe burns
- Amputations and limb loss
- Soft tissue injuries
- Emotional and psychological trauma
- Fatal injuries and wrongful death
You should immediately seek medical attention after an accident. It is important to see a doctor for your well-being and the viability of your legal case. Some injuries can only be found through a medical examination. Failure to see a doctor or complete a treatment plan can give an insurance company the “proof” that it needs to deny your claim.
What Should I Do If The Truck Company Denies Liability After An Accident?
If a trucking company denies liability after an accident, here is what you can do to protect yourself and pursue compensation:
Gather and Strengthen Your Evidence
You will need solid evidence that an accident happened and that the truck company is at least partially responsible for causing the crash. Obtain a copy of the police report, which may indicate fault. Take pictures of vehicle damage, skid marks, road conditions, and any visible injuries, if possible. Get the driver’s contact information and statements from anyone who saw the accident. If available, get any footage that captured the accident. Keep documentation of your injuries and treatment plan.
Review the Trucking Company’s Insurance and Compliance
Trucking companies must follow strict federal and state safety regulations. A violation can prove that the driver was negligent, and, therefore, so was the trucking company. Work with an attorney to investigate the cause of the accident. If the driver has a history of violations or insufficient training, it can strengthen the case. Many trucks have event data recorders that track the vehicle’s speed, braking, and the driver’s behavior before the crash.
Speak to an Attorney Immediately
Speak to an attorney immediately after the crash. An attorney can help fight against a trucking company that might deny fault for causing the crash. Truck accident cases can be complex. Dealing with multiple parties can get complicated. An attorney can help sort the case out and get the full and fair compensation you deserve.
Lawyers can help use the court system to get the information you need from other parties to build your case. For example, a lawyer can subpoena records like driver logs, maintenance records and reports, and company policies.
A truck accident attorney will help negotiate with insurance companies. Insurers often try to minimize payouts. A lawyer assures that you are not unfairly denied compensation.
If the negotiations with insurance companies fail, an attorney can help by representing your case before a judge or jury. An attorney will help take legal action to recover damages for medical bills, lost earnings, and pain and suffering.
Do Not Settle Too Quickly
A trucking company’s insurance company might try to settle with you quickly if it suspects that the company might be at least partly responsible for causing the accident. The initial settlement offer will likely be low and far less than what you need to pay for your losses. Do not agree to anything before consulting a legal professional.
If a trucking company denies liability, speak to a qualified attorney to protect your legal rights after an accident. You deserve full and fair compensation for your losses from the accident. Having an attorney is the best way to fight back after a crash. Hold large trucking companies accountable for the damage they and their driver cause. Contact a truck accident attorney today.
Potential Defendants in Trucking Accident Cases
Truck accident cases are complex because of the number of potential defendants. A truck accident lawyer can help identify and bring to justice every potentially responsible party. Potential defendants can include:
The Truck Driver
The most obvious defendant in a trucking accident is the truck driver. The accident can have happened because of the driver’s negligence, including distracted driving, fatigued driving, or driving under the influence of drugs or alcohol, among other significant reasons that truck accidents happen.
The Trucking Company
The trucking company might be responsible for causing the accident. Under the laws of your state, the trucking company might be responsible for a negligent employee’s actions. Discuss the company’s potential liability with an experienced attorney to ensure you get the full and fair compensation you deserve after an accident.
Vehicle Manufacturer
The vehicle or parts manufacturer might share liability for causing the accident. Defective parts can cause accidents, which might be the manufacturer’s responsibility under the law.
Cargo Loaders
Cargo loaders might share liability for causing an accident. They are responsible for ensuring the truck’s load is balanced and safely secured. When a load is not correctly placed on a truck, the loaders might be legally responsible for any damage an accident might cause.
What Do Truck Accident Attorneys Do?
Truck accident attorneys work to protect their clients from being taken advantage of by companies that want to protect their bottom lines and avoid accountability. Here are some of the most practical ways that attorneys assist their clients:
Explain Client’s Legal Rights
A truck accident attorney will explain your legal rights after a crash. You will undoubtedly have many questions after surviving an accident with a large commercial truck. Having an attorney will give you peace of mind that you are informed and can make the best decisions for you and your loved ones as you work toward a full recovery after an accident.
Investigate the Cause of the Accident
An attorney will investigate the cause of the accident. After a crash with a large commercial truck, the trucking company’s insurance company will work overtime to avoid making payouts. Part of the process is for an insurance company to investigate the accident to discredit your claim. An attorney will perform an investigation on your behalf to ensure that all the facts are presented and that you get the best available results on your claim.
Help Maximize Your Compensation
An attorney will help you fight for the compensation that you deserve. Full and fair compensation after an accident can include the following:
- Wrongful death damages in cases when a loved one is killed in an accident
- Property damage
- Pain and suffering
- Lost earnings or diminished earning capacity
- Current and future medical bills
Prove Negligence and Build a Strong Case
To win a lawsuit against a trucking company after an accident, you will need to prove that the driver or the company was negligent. An attorney can help. An accident lawyer might have access to accident reconstruction experts who can help show how the crash happened. Your lawyer might help prove that the trucking company violated federal safety regulations (i.e., poor hiring practices, overworking drivers, poor vehicle maintenance, etc.). Your attorney may present medical records and expert testimony to prove the extent of your injuries and damages.
Negotiate On Your Behalf
The negotiation process is an essential part of your case. Speaking with adjusters and advocating for yourself against big insurance companies can be intimidating. An attorney will negotiate for full compensation, including medical expenses, lost earnings, pain and suffering, and property damage. Your lawyer will also challenge wrongful denials of liability by trucking companies and insurers.
Represent You In Court
If settlement negotiations are unsuccessful, your attorney might choose to file a lawsuit on your behalf to resolve your claim. Your attorney will handle all legal filings, deadlines, and court procedures, so you do not have to worry about the complexities of the legal system.
Why Do You Need a Truck Accident Attorney?
You need an attorney after a truck accident to level the playing field. After an accident, the trucking company and its insurance company will fight tooth and nail to avoid making a payment that is rightfully due to you. Having an attorney means you will not settle for less than you deserve.
What Happens If the Insurance Company Denies My Claim?
The trucking company’s insurance company may deny your injury claim after a truck accident. There are options if the insurance company denies your claim. An experienced attorney will help you understand your legal options and the best next steps if your claim is denied. Examples of your options include the following:
Review The Denial Letter
An insurance company is required to give you a reason, in writing, for denying your claim. Read the letter carefully and check for errors, missing information, or bad-faith tactics used to justify the denial.
File an Appeal
Your lawyer can help file an appeal with the insurance company. You can submit an appeal with additional documentation if the denial was due to a lack of evidence.
Take Action Quickly
Time is of the essence. Decide your next steps with your attorney and move quickly to avoid missing important deadlines.
Contact a Truck Accident Attorney Today!
If you have been involved in an accident with a truck and the trucking company denies liability, it is important to remember that you still have options. Gather evidence from the scene, such as photos, witness statements, and police reports. Seek a truck accident attorney to advocate for you. They know the challenges trucking companies and their insurers pose after an accident.
Consulting with an experienced attorney who is experienced in trucking accidents is important – they can help handle the complexities of liability and hold the responsible parties accountable. There can even be multiple parties at fault, like the trucking company, driver, maintenance crew or manufacturer. Do not let the trucking company’s denial discourage you from seeking justice. Your rights and well-being deserve to be protected.
If you or someone you know is dealing with a trucking accident, contact a trusted personal injury attorney today to discuss your case and explore the best path forward. Truck accident attorneys understand the tactics that trucking companies may use to try and deny liability, and they will fight relentlessly to hold them accountable. Your recovery and future are too important to leave to chance. Call today.