Due to the heavy weight and massive size of trucks, it is common for truck accidents to result to severe injuries or deaths, and heavy damages to property. In fact, an average of 130,000 individuals becomes injured due to truck collision annually.
As for their capacity for devastation, it is definitely far greater when compared to crashes between ordinary-sized cars. It is but proper to be compensated for physical and psychological injuries, and damage to property, especially when the truck driver was at fault.
When you become involved in an accident with a truck, it is best to file a claim against the truck company that hit you. You are more likely to collect the rightful compensation for the damages sustained from the accident from the truck company instead of the driver in his personal capacity.
Knowing the Damages to Compute for Value of Claim
A truck accident can result to massive damage and severe injuries. While no amount of money can compensate for major injuries or death, a personal injury claim can somehow ease the heavy expenses involved.
Damage to property may include the need to overhaul or even replace the entire vehicle, depending on the extent of the damage. Engine replacement, dent repairs, car repaint and replacement of all broken parts will need to be included in the claim.
The truck company’s insurer may have its own affiliated repair shops, thus the need to coordinate closely with them.
For physical and emotional injuries resulting from the accident, such as, pain and suffering, mental anguish, trauma, loss of consortium and enjoyment, stress, phobias, neck and back injuries, brain damage, cuts and bruises, disfigurement and facial injuries, head injuries, spinal cord injuries, internal hemorrhaging and many other serious physical damages may likely be acquired from a major truck accident. All these should be computed into the personal injury claim.
Whatever You Do, Do Not Admit Fault
Given the severity of a truck accident, it is important to establish that the fault lies in the truck driver. Only when his negligence is proven can you claim from the truck company.
By law, as enforced in most states, a truck driver involved in an accident while on the job will render its employer vicariously liable for the acts of its employee. As such, you may go after the insurer of the truck company for damages sustained.
Generally, the fault is determined by the insurance company, through its claims adjuster. However, given the amount involved in a truck accident, it is not likely that truck companies and their insurers will willingly cooperate and readily agree to pay for the damages.
Lawsuits and claims against them may become complex. They may want to relieve themselves of any responsibility and as such, may insist that the accident is your fault and not their driver’s.
It is therefore important that you arm yourself with strong evidence that will show the truck driver’s fault. The position of the vehicles in the accident normally shows who is at fault. As such, it is vital that photos be taken in every angle possible.
A police officer should also be called into the scene and a copy of their investigation report be acquired for use in your claim. Witnesses in the scene may also help by providing you with their statements. If there are CCTVs in the area, you need to immediately acquire copies to clearly show how the accident occurred.
To find out how to start a personal injury claim click here.
Get a Personal Injury Attorney’s Advice
To make your life much easier when involved in a truck accident, it is better to get a personal injury attorney to give you advice and handle the matter for you. He can be a formidable representation against a strong adversary, i.e., a truck company and its insurer.
Take speak with a personal injury attorney in your area, take our free case evaluation today.