Filing a Truck Accident Personal Injury Claim


Filing a Truck Accident Personal Injury Claim

With much confusion surrounding the process, here's what to expect when filing a personal injury claim after a truck accident...

Speaking statistically, more than 150,000 people a year, in the US alone, get injured in a truck accident, and 150,000 people are left wondering “Well, what now?”. They need to figure out their next steps, how they will obtain compensation in the aftermath of a truck accident, and what the whole claim process will look like.

After such an accident, one of the worst things that you might have to deal with is being face-to-face with your uncertainties and doubts, which suddenly seem all too real and immediate. So for many, many people, the aftermath of a crash can be simply too much, overwhelming, and stressful, and one reason for all this might be that they do not understand what to expect during the process of fighting for their claim, and what they might be able to do to improve the chances of a more favourable, ideal outcome.

This article aims to dispel some of the confusion surrounding the process and give you an overview of what filing a personal injury claim looks like.

What to Expect When Filing a Personal Injury Claim After a Truck Accident


Operating a 40-ton massive steel vehicle is not exactly the easiest thing in the world to do and needs to be done with the utmost focus and care, but no matter how much training or experience a trucker has under his belt, accidents can still happen, as that is why they are accidents. The causes of these accidents can be different, sometimes because of driver error and sometimes something entirely else. Either way, if you are ever involved in an accident yourself, the first thing you will need to do is reach out to an attorney once the dust has settled.

There is little chance of you succeeding in getting any compensation if you just try and wing it by yourself, so click here now and get help the right way, someone who knows the system, the legal world, and how to navigate it. Truck accidents are also by nature more serious, with much heavier damage occurring, not like a collision between two small coupes or something, which typically just become fender-benders.

But when 40 tons of massive, fast-moving steel hit anything else, things are not so clean and simple, which means compensation is even more important for all the damages incurred.

Driver Errors

There are plenty of factors that can contribute to an accident happening, so let’s cover the driver’s errors first. Driver fatigue is one of them, where big rig drivers are in a hurry to deliver their goods as climbing gas prices guzzle up a bigger and bigger share of the profits.

The result of all this pressure is less sleep, longer hours on the road, and more stress, which unfortunately becomes a recipe for disaster. Experience is another factor, something that makes a huge difference in the trucking industry. Truckers who have been on the road for decades have learned the ropes through years and years of hands-on experience.

But novice drivers who are new to the industry and operating something as giant and deadly as a truck obviously have little to no experience and are naive to the true nature and sometimes danger of the roads. Especially when driving too fast, something that many drivers in general do, or following too closely behind another vehicle, which may suddenly brake, giving the trucker not enough time and distance to brake properly himself, things can get very ugly very quickly.

Sometimes, seemingly minor errors—errors that could be easily and comfortably corrected in a passenger car—can turn into fatal errors in a trucking rig. Too little braking room, over-correction, and heavy loads balanced delicately on the trailer can all contribute to a disaster. We have all seen those dashcam videos, how quickly all hell can break loose, seemingly out of nowhere.

What to Expect When Filing a Personal Injury Claim After a Truck Accident

Other Reasons

Not all accidents are driver errors, especially where trucks are concerned, as there are multiple other factors that influence them as well. Sometimes manufacturers make a defective product, or the trucking company itself neglects their fleets by not providing or conducting the proper routine maintenance on their trucks.

Other times the cargo may not have been loaded properly, and it is vital that the freight gets loaded and secured the way it should to prevent it from sliding or falling off, causing accidents and injuries. Improper loading of the freight can lead to its shifting, and uneven and unstable weight distribution, among other things, all of which are some of the common factors that contribute to truck accidents.

The Claim

As mentioned previously, the first real step to recovering compensation is to talk to a qualified accident attorney as soon as you can. If there is one thing you take away from this, it should be to go to a lawyer. They will analyse your case, figure out what happened, who or what was most likely responsible, and what your next steps should be. If it is to make a claim, they will advise you of what to do and say, and what not to do and say, and negotiate on your behalf with the insurance company.

Settlements vs Legal Action

The best and most common outcome of an accident claim is a “settlement”, which is an “out-of-court” deal between the injured party, which would be you, and the responsible party’s insurance company and provider. They will offer you a certain amount of money in return for you agreeing to drop the accident claim and not go to court; at least in the US, this is the preferred course of action.

If the amount is reasonable and fair, all parties walk away more or less satisfied, but if they try to lowball you or cheat you somehow, you and your lawyer may want to pursue legal action, which is a much longer, more difficult process where your lawyer will fight for you and your case, hopefully winning.

Accident claims can be a complicated business, but especially in something as serious as a truck accident, compensation is vital to cover the damages and medical bills alone. Reaching out to an attorney should be your priority in this case.