Getting in an accident with a big commercial truck can be extremely frightening and overwhelming. You might be hurt, your car might be damaged, and you might not know what to do next. Some people think they caused part of the accident and worry about what that means. But it’s important to know that insurance companies often try to blame drivers unfairly.
That’s why talking to a truck accident attorney is so important. They can help determine what happened and ensure you’re treated fairly.
How Shared Fault is Handled in a Truck Accident Claim
If you’ve been injured in a truck accident and are partially at fault, you may still have legal options to recover compensation. States use different systems to assess fault, including comparative or contributory negligence, which in most states means that victims are not automatically denied compensation, even when they share some responsibility. These legal frameworks can be especially important in truck accident cases, where fault may be shared among multiple parties.
Pure comparative negligence
In pure comparative negligence states, such as Washington, compensation is reduced by the percentage of fault assigned to you. For example, if the court finds you 20% at fault, your total recovery is reduced proportionately. In principle, even if you are mostly at fault, such as 80%, you may still recover damages for the remaining 20%. This approach allows truck accident victims to seek justice even in complex scenarios where multiple parties contributed to the crash.
Modified comparative negligence
Modified comparative negligence systems set thresholds for fault. States with the 50% rule allow recovery if you are less than 50% at fault, while the 51% rule allows it if you are 50% or less at fault. These systems can benefit truck accident victims, especially in cases where a trucking company or driver shares blame for negligence, such as speeding or failing to use signals.
Contributory negligence
Alabama, D.C., Maryland, North Carolina, and Virginia follow contributory negligence, a stricter system barring recovery if you are even 1% at fault. However, skilled legal representation can highlight the trucking company’s liability, whether due to violations of safety regulations, improper hiring practices, or other negligent actions. Experienced legal representation is particularly vital in truck accidents, where the stakes are higher due to the severity of injuries and damages involved.
No matter the system in place, having an experienced truck accident lawyer by your side is essential to protect your rights. Trucking companies and insurers work aggressively to limit their liability, even if that includes casting doubt on your claim or blaming you unfairly for the accident. A truck accident attorney can gather critical evidence, such as driver logs, maintenance records, and accident reports, to demonstrate fault on the part of the truck driver or company.
Don’t Let Insurance Companies Blame You Unfairly
Insurance companies often try to blame the victim in truck accidents. They might say you were driving too fast or weren’t paying attention. They do this because if they can prove the accident was partly your fault, they might not have to pay you as much.
But just because an insurance company says something doesn’t make it accurate. They’re looking out for their interests, not yours. This is one reason it’s so important to have a truck accident lawyer on your side. Your lawyer will ensure you’re not blamed unfairly for things that weren’t your fault.
Keep in mind that even if you think you might have done something wrong, you still may deserve compensation. The truck driver or company might have made bigger mistakes, which were the leading cause of the accident. A lawyer can help determine what happened to cause the truck crash and safeguard your right to pursue compensation.
Understanding Your Rights After a Truck Accident
After a truck accident, you have several rights. You have the right to seek medical treatment. You have the right to talk to a lawyer before you speak to any insurance companies. You have the right to refuse to give a recorded statement to an insurance company. You have the right to seek compensation for your injuries and damages.
However, these rights only help if you properly exercise them and ensure you avoid wrongful blame for the crash. Consulting a truck accident lawyer should be a priority, as they can explain your rights to you and help protect them.
Getting Fair Compensation for Your Injuries
You deserve fair compensation if you’re suffering truck accident injuries. Fair compensation means more than just having your current medical bills paid. It should also include compensation for any future medical care you might need because of the accident. It should include money for lost income if you have to miss work. And it should include compensation for your pain and suffering.
Attaching a dollar value to all of this can be complicated. That’s another reason why having a truck accident lawyer is so important. They know how to calculate all these damages to ensure you pursue the maximum amount of compensation you can.
Don’t Settle Too Quickly
After a truck accident, the insurance company might immediately offer you money. It can be tempting, especially if you’re worried about paying your bills. But it’s important not to accept an offer too quickly.
These quick offers are almost always much less than your case is worth. Once you accept an offer, you can’t ask for more money later, even if you find out your injuries are worse than you thought.
A truck accident attorney can help you understand if an offer is fair. They can also negotiate with the insurance company to get you a more satisfactory offer. It can make a big difference in how much money you end up with to help you recover from the accident.
Understanding Truck Accidents
Truck accidents happen more often than you might think. Every year, thousands of people get hurt in crashes with big trucks. Sometimes, the truck driver is tired or not paying attention. Other times, the truck might not have been taken care of properly.
Special rules are in place for truck drivers and companies to keep everyone safe on the road. For example, truck drivers must take breaks after driving for a certain amount of time. They must also pass health checks to ensure they can drive such big vehicles.
Trucks must also follow rules about how much they can carry and how the cargo is packed. If a truck is too heavy or the load isn’t secure, it can cause a bad collision. All of these rules are important for keeping our roads safe.
Why Truck Accidents are Different
Accidents involving 18-wheelers and other big rigs are not the same as regular car crashes. Trucks are much bigger and heavier, which means they can cause a lot more damage. Also, truck companies often have teams of lawyers and investigators who start working on the case immediately, making things more complicated for people who get hurt.
You should always talk to a truck accident lawyer as soon as possible after an accident. They know all about the special rules for trucks and can help protect your rights.
Dealing with Insurance Companies
After a truck accident, you’ll probably hear from insurance companies within hours. They might try to get you to say things about the accident or offer you money to settle quickly. The safest thing you can do to protect your claim is to politely decline to talk with the insurance adjuster and refer them to your lawyer. Insurance companies will always try to protect their profits, paying out as little as possible even when you’re badly hurt.
Insurance companies may also say the accident was your fault. They do this to avoid paying for your injuries and damages. That is why having a truck accident lawyer is so helpful. They can talk to the insurance companies and ensure you’re not unfairly blamed.
Understanding Truck Safety Rules
Truck drivers and companies have to follow many regulations. These rules are set by the Federal Motor Carrier Safety Administration (FMCSA). Learning about these rules can help you understand your truck accident case better.
One important rule is the Hours of Service (HOS) rule, which governs the length of time truck drivers can work. They’re only allowed to drive for a certain number of hours before they have to take a break. HOS regulations aim to ensure truck drivers don’t get too tired while driving, as fatigue is a leading cause of accidents.
Another rule is about checking truck drivers for drugs and alcohol. Truck drivers have to pass tests to make sure they’re not using anything that can make it unsafe for them to drive. They must also pass health checks to ensure they’re healthy enough to drive big trucks safely.
There are also rules about how trucks should be loaded and secured. The cargo has to be appropriately secured so it doesn’t fall off or make the truck unstable. Trucks also have weight limits. A truck that’s too heavy can be hard to control and more likely to cause an accident.
Many trucks now have special devices that record information about the truck’s speed, braking, and other things. These are called event data recorders. They’re like the “black boxes” in airplanes. The information from these devices can be beneficial in figuring out what happened in an accident.
There are even rules about guards on the backs of trucks. These guards are meant to stop cars from sliding under the truck in an accident called an underride.
An experienced truck accident lawyer knows all about these rules and how to spot potential violations that could affect your case. Identifying safety violations can help demonstrate that the truck driver or company was at fault for your accident.
Common Causes of Truck Accidents
Many things can cause a truck accident. Sometimes, it’s the truck driver’s fault; sometimes, it’s a problem with the truck itself; and sometimes, it’s because of bad weather or road conditions.
Truck drivers might cause accidents if they’re tired, distracted, or driving too fast. They spend a lot of time on the road and sometimes push themselves too hard to make deliveries on time. It can lead to mistakes that cause accidents.
Problems with the truck can also cause accidents. If the brakes aren’t working right or the tires are worn out, it can be challenging for the driver to control the truck. That’s why there are rules about keeping trucks in good condition.
Bad weather can also make truck accidents more likely when truck drivers fail to compensate for adverse driving conditions. Rain, snow, ice, and fog call demand that truck drivers use the utmost caution when driving or exit the road until the conditions improve. Big, heavy trucks that take longer to stop than regular cars are dangerous.
Accidents sometimes happen because of how the truck’s cargo is loaded. If the load isn’t balanced correctly, the truck can tip over, especially around curves.
How a Truck Accident Attorney Can Help
A truck accident lawyer does many things to help after an accident. They start by looking into what happened. It might include visiting the accident scene, talking to witnesses, and looking at police reports and surveillance video. They also check the truck driver’s records and the truck company’s safety history.
Your lawyer will determine if the truck driver or company broke safety rules. This information can be vital for your case. It can help show that the accident wasn’t your fault.
Your lawyer will also determine how much money you should get for your injuries and damages. It includes money for your medical bills now and in the future. It also includes money for any income you lost if you couldn’t work because of the accident. Your lawyer will even account for things like pain and suffering, which can be hard to put a price on.
Once your lawyer knows how much your case is worth, they’ll negotiate with the insurance companies. They know all the tricks insurance companies use to try to pay less, and they won’t let you be mistreated.
Your lawyer can take your case to court if the insurance company doesn’t offer a fair amount. They’ll present all the evidence gathered and fight for your rights before a judge and jury.
Why You Shouldn’t Wait to Call a Truck Accident Lawyer
It’s important to talk to a truck accident attorney as soon as you can after an accident. There are a few reasons for this:
First, evidence can disappear quickly after an accident. Skid marks on the road might wash away. Witnesses might forget what they saw. The truck might get repaired, erasing signs of what went wrong. The sooner a lawyer can start investigating, the more evidence they can gather to help your case.
Second, there are time limits for filing a lawsuit after an accident. These time limits, called statutes of limitations, differ in each state. If you wait too long, you might lose your chance for compensation for your injuries.
Third, the truck company and their insurance company will start working on the case right away. They’ll have investigators and lawyers looking for ways to avoid paying you. The sooner you have a lawyer, the more protected you’ll be.
Contact a Truck Accident Lawyer
If you’ve been in an accident with a big truck, don’t wait to get help. You still have rights even if you think you might have been partly at fault. And you still deserve fair compensation for your injuries and damages.
A truck accident lawyer can help make sure you’re treated fairly. They can investigate what happened, deal with tricky insurance companies, and fight to get you full and fair compensation.
Don’t let worries about fault keep you from getting the needed help. Call Ye Law today at (253) 946-0577 to learn about your rights and options. The sooner you call, the sooner I can start working to protect you and negotiate the compensation you deserve.
Talking to a lawyer doesn’t mean you must file a lawsuit. It means you’re taking steps to protect yourself and your future. So don’t wait; reach out to a personal injury lawyer at Ye Law today and take the first step toward getting the help you need.
