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What Is The Truck Accident Claim Process?

Donald Singleton
May 13, 2021

When you’re injured in a truck accident, it’s important to hire an experienced and reliable Atlanta trucking accident attorney to help you get the maximum compensation for your injuries. You should understand that everything you do or say before filing your claim can have a significant impact on your trial or favorable settlement negotiations.

Most victims of truck accidents know that their actions have legal implications, but they’re not aware of how a small mistake can adversely affect their truck accident claim. Of course, hiring a trucking attorney and filing a claim may save the day if you make minor mistakes. However, at some point a case is unfix-able.

Truck Accident Claim

Liability in a Truck Accident Claim

How do I determine the liable parties? If you suffer injuries in a truck accident, the truck driver may not be the only party responsible for the accident. Additional parties may also be held liable for your injuries. The employer of the truck driver, the manufacturer, or designer of any faulty that caused the accident, the company on the truck licenses placard on the tractor and trailer, and the repair or maintenance facility responsible for vehicle upkeep are the potentially liable parties. Your accident attorney at Singleton Law Firm LLC. can help you to determine and evaluate each potential source of recovery.

Testimony and Evidence from the Accident Scene

It is essential to collect evidence from the scene of the truck crash as quickly as possible. Remember, by the time you hire an attorney, the scene of the accident has been long since cleared. Most trucking companies will send their attorneys to the scene of the accident immediately to conduct interviews after the collision. This is a vital step when conducting investigations.

Unfortunately, accessing a lawyer so soon after the crash when you’re severely injured can be challenging. You will not be able to hire an attorney immediately to assist you when you are hurt and being taken to a hospital. The trucking companies will ensure that they get their attorneys and investigators to the scene of the accident quickly to gather the evidence, speak with the police and read the police report, or speak to other witnesses.

Trucking Companies Work With Experienced Accident Defense Attorneys

Trucking companies have substantial resources. In addition to visiting the scene first, trucking companies usually work with experienced investigators and attorneys to handle their investigation of an accident claim. It’s essential to consult an attorney with experience and financial resources needed to carry out a thorough investigation as well.

With time likely missed from work and medical care bills mounting, it would be a huge burden for you to hire an attorney and pay for his or her services and the fee for investigations. For this reason, our experienced truck accident attorneys work on a contingency fee. We don’t charge you any attorney fees until we get you the type of compensation you deserve.

Falsified Truck Driver Records

Are the records tampered with? Federal Motor Carrier Safety Administration specify the number of operating federal hours a truck driver can work according to truck driving laws and other federal rules. The trucking company or the driver may decide to falsify the log to keep the truck on the road for a longer period of time.

While the driver and the trucking company handle the documentation, our experienced truck accident lawyer can check and identify any inconsistencies in the materials provided by the trucking company.

Most trucks now have GPS and an Electronic Control Module that records data such as distance covered, speed, and hours of driving.

Driver Policies of Trucking Company

Was the internal trucking company policy followed? Trucking companies usually come up with their company policies to cover items such as pre-trip inspections, medical disabilities, substance abuse, and virtually every aspect of the job. Your attorney needs to obtain and review the trucking company policies to find out whether they followed them strictly.

5 Costly Mistakes That Can Ruin Your Truck Accident Claim

Read on to know FIVE costly mistakes that can jeopardize your case and/or reduce the amount of financial compensation you recover.

1. Not Seeking Medical Treatment

First, it’s very important that you get proper medical attention so you can heal well from your injuries. Secondly, your medical condition and treatment is valuable evidence in your truck accident claim.

If you delay your visit to a doctor, the insurance company may try to use this as evidence that you weren’t injured in a truck accident because it wasn’t enough to seek medical attention.

Ensure you attend all follow-up appointments and follow your doctor’s advice on continued medical treatment.

2. Talking to the Insurance Company

The insurance company isn’t your friend. They aren’t looking out for your best interests. An insurance adjuster may call you soon after the accident. Keep in mind that their job is to protect their company and the insurance policies and make the minimum payout possible. Don’t believe anything they tell you. Don’t let them intimidate or bully you into a truck accident claim fair settlement.

3. Posting Photos or Details on Social Media

At Singleton Law Firm LLC., we advise our clients to avoid posting photos or information about their truck accident, their injuries, or their everyday activities on social media.  Insurance companies always monitor the information they can find publicly and will use it as their evidence against you. Your Facebook, Instagram or Twitter posts can jeopardize your personal injury claim.

4. Missing the Statute Of Limitations

The statute of limitations for a truck accident in Georgia is two (2) years. If you don’t bring your truck accident claim within this time frame, you’ll be precluded from doing so.

5. Waiting Too Long Before Hiring An Attorney

After a truck accident injuries you’re dealing with a lot, we understand it — but putting off hiring a trucking accident attorney can seriously ruin your case. Also, seeking the help of a lawyer right away can take some of the burdens off of you. For instance, your legal counsel at Singleton Law Firm LLC. will deal with the insurance companies and the insurance coverage on your behalf. That is one less thing you’ll need to worry about.

Conclusion

We encourage truck accident victims to hire a trucking accident attorney as soon as possible. Your lawyer will develop the record of your medical conditions, financial losses, monitor communication with the insurance company, and file the necessary paperwork with the court timely.

To get a free case evaluation from one of our experienced personal injury attorneys, call Singleton Law Firm LLC. today at (770) 889-6010 or fill out our free contact form. There is no cost or obligation.

Donald Singleton

Donald Singleton

Author

A Georgia native, Don founded Singleton Law Firm in 1999 as a continuation of his lifetime commitment to serving his state and community. He has concentrated his trial practice to representing victims of serious injury and wrongful death arising out of trucking, car, bus and motorcycle accidents, premises liability and a wide variety of other causes.

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