Trucking accidents are a common occurrence in the United States, with the National Highway Traffic Safety Administration (NHTSA) reporting that in 2018 alone, 4,862 people lost their lives in trucking-related accidents. That was an increase of over 5% compared to 2017 and a stark reminder of how dangerous these accidents can be. With the introduction of mobile devices, distracted driving continues to be to blame for many vehicular accidents that occur on the road, with more deaths attributed to texting in trucking accidents every year.
In general terms, someone is liable in a trucking accident if their acts or their failure to act directly led to the collision. If the acts were intentional, that might lead to one driver being accountable and negligent. Negligence is a legal term that means that if another reasonable person were faced with the same set of circumstances, would they have behaved similarly? When a driver is found negligent in a trucking accident, they are liable for compensation. That is why making sure that the person responsible for the accident is found legally negligent and liable as a result.
If someone acts intentionally, it might also make their coverage null and void, meaning that their insurance company will not pay for compensation. If that happens, it can put those injured or who incurred damages, in a seriously vulnerable situation.
If you have been involved in a trucking accident, it is important to take the proper steps to protect yourself and ensure you get the compensation you deserve. The first step is to seek immediate medical attention and document any injuries or damages you sustain. The types of injuries and damages that often result in trucking accidents are more severe and grave, which is why finding someone to represent you first and foremost is so important.
The most important thing to remember is that documentation of the events before, during, and after the accident can make the difference between you receiving fair compensation, so it is better to practice a “less is more” type of response to any inquiries. Everything that you say, post, or state in-person or online, can and most definitely will be held against you and can greatly affect your case.
All parties of a trucking accident are considered when ascribing who is at fault, which includes the insurance carriers involved. Keeping in mind that the insurance companies can determine who is liable and responsible for damages is important when speaking with their representatives. Refrain from adding comments or any opinions when talking or being interviewed.
Things that are taken into account when finding fault are all the documents related to the case including images, video, eyewitness accounts, medical records, the police report, and state traffic laws. That is why being vigilant about taking pictures, reviewing the police report and the scene of the wreck, and verifying any statements made, is so important.
The police report is a very important part of the documentation process. It is a written statement of the events leading up to, during, and after the accident that insurance companies use to tell the story of what happened. Once you have sought medical attention and are safe, it is important to obtain a copy of the police report for your records and to thoroughly read it over to look for any inconsistencies or mistakes.
Information in the police report can be revised if they are inaccurate. You can also add things to your recollection of the accidents, after the fact, if you notice that things are not explained exactly as they happened. The police report will serve as a big factor in ascribing fault and compensation.
Although you pay your insurance company, that does not necessarily mean that anyone is on your side. The only side that the insurance company is interested in minimizing their payout, so it is important to monitor what you say.
All of your answers are being recorded, so keep that in mind before you make broad statements, or admit anything. It is not only possible; it is a good idea to have someone to represent you when making any statements to insurance companies whether official or unofficial.
The driver who is assigned fault in a trucking accident will shoulder the brunt of the liability for damages and injuries, which is why it is so important that you have someone protecting your interest right from the start. Certain situations lend themselves to an official ruling that is clear-cut, such as being rear-ended, but there are other occasions where who is at fault can be less clear.
Having things documented like green lights and traffic signals is very important. Many municipalities will have camera recordings at traffic stops and along the roadway, so it is important to research if there is any footage that might lend some proof to your recount of events.
If you are having a hard time proving that you were not at fault, or unsure how the process of ascribing fault works, it is important to have a professional in your corner to protect your interests. You need an attorney to help make sure that you will receive the compensation and protection that you are entitled to. Contact us today and make sure that you have our professional firm in your corner so you get the settlement that you deserve!
