Filing a claim against an insurance or any large trucking company is not a walk in the park. Most will use their vast resources to put a strong defense. But, winning a claim is doable depending on your situation and if you play your cards right. Let’s look at the steps you will need to take to prove and win a truck accident claim.
Collecting evidence is the first step towards winning a truck claim. If you are in a sound state, make sure to collect as much evidence as possible from the scene of the accident. The key information to look out for are:
- The truck driver information: Find out the driver’s name, the insurance information, company name, license plate number, and contact details, etc.
- Photos: Capture road conditions, traffic signals, and damages to the vehicles
- Witnesses- Check around and ask the witnesses to wait for the police.
Get a Medical Report
What you are looking for when filing for a truck accident claim is personal injury compensation. You need to visit a credible doctor or hospital for a proper diagnosis. The medical reports will establish the impact the accident has had on you both short-term and long term. It will be used to determine the compensation you should receive.
Hire a Skilled Attorney
Now at the core of building up a winning claim is to hire the right auto accident attorney. Working with an attorney that understands the regulations and practices in the truck industry will give you a better chance of winning. Truck Accident Attorneys understand the different metrics that go into play with such claims. For instance, they can look at how long the driver was on the road, stops made, state of the driver while driving, etc.
But, ensure that you work a certified and reputable auto accident lawyer in your case. Go for lawyers that have the right experience with truck accidents. As a matter of fact, insurance companies tend to respect such lawyers and know they can go the extra mile to win the case. They will often opt to offer the best compensation to you and avoid a lawsuit
A claim can only be solid if a claimant establishes and proves fault. You have to provide evidence that the driver was at fault. Although, there are incidences where truck drivers are not entirely at fault, laws caution against negligence. Most truck drivers are covered by the insurance of the trucking company. You will need to work with your lawyer to prove the truck driver’s negligence and also on the part of the company. For example, were there external damages, did the driver report them? Basically, was the company negligent?
You will also need to work with a lawyer that can get you the truck inspection history and the maintenance report. This will help establish if the company had issues on repair and maintenance of the car i.e. probable breakdowns and malfunction etc.
Truck accident claims can be quite complex and tough to win depending on the laws. That’s why it’s important to work with an experienced auto accident in your claim if you are proving and win!