Commercial Truck Accident Insurance Settlements – What is Fair?

If you, or a loved one, were involved in a truck accident with a commercial truck, you are most likely dealing with serious injuries. Truck accidents are unlike most motor vehicle accidents in that they are especially devastating to the victims and their families. In an attempt to prevent these tragic truck accidents from occurring and provide fair compensation to those injured when they do, the trucking industry must abide by special rules and regulations.

In the days following the truck accident, you will be exposed to a very complicated legal situation which includes extremely intimidating tactics by insurance companies and lawyers who are looking out for their own interests and want to prevent you from receiving the compensation you are entitled to. It’s important to understand the motives behind the insurance company’s actions and rely on expert legal advice from a qualified truck accident attorney who will fight on your side.

Your First Line of Defense

If you are attempting to file a personal injury claim on your own for your truck accident injuries, you should know that the adjuster from the trucking company will make every attempt to “low ball” or avoid paying the full amount required to compensate you, or your loved one, for the injuries and damages you sustained in your truck accident. Unless you are very familiar with the legal process, your chances of receiving an unfair settlement are high. There are some simple guidelines to keep in mind when dealing with the aftermath of a truck accident:

• Collect all medical records and damage files
• Carefully consider all of your expenses, even those you have not incurred yet (future medical costs related to your injury, etc)
• Never sign any paperwork after the truck accident
• Never talk to an insurance adjuster without an attorney present

Truck Driver Liability

Following a truck accident with a commercial truck, expenses can begin to mount and will range from car repair to extensive medical expenses. As the victim of a truck accident, you may be entitled to compensation for:

• Injuries
• Lost earnings
• Pain and suffering
• Property damage
• Future expenses

Commercial truck drivers are required to carry at least the minimum limit of public liability coverage set forth by the Secretary of Transportation. Public liability coverage minimums can range from $500,000 to $5,000,000 depending on several factors including: the truck’s seating capacity; kind of equipment (i.e., passenger vehicles versus freight vehicles); and commodity transported.

Truck accident liability can also shift depending on the role of the truck driver at the time of the truck accident. It is possible that more than one person is liable in any given situation, but it will be critical to your truck accident case – and therefore, the amount you receive for your injuries and damages – to know whether the truck driver was an owner-operator or solely a driver for the trucking company. Either way, a lot is at stake for the driver and the trucking company if they are found liable.

Unless you, or your loved one, are absolutely positive about the extent your injuries, property damage, and future expenses, it is best to speak to an experienced truck accident attorney who understands the state and Federal regulations that govern the operation and maintenance of trucks, tractor trailers, or commercial vehicles before signing any settlement offer you receive for your personal injury claim.