When truck drivers, trucking companies, and repair facilities behave negligently, serious truck accidents and injuries may result. Following a truck collision, you may be eligible to pursue a personal injury claim with the negligent party’s insurance company. However, in many instances, first-time settlement offers from these insurance companies are extremely low and far less than the true value of your case.
When it comes to favorably negotiating a settlement in your truck accident case, it is imperative that you have a knowledgeable Warren truck accident lawyer by your side advocating for you. Your lawyer can aggressively negotiate with the insurance company on your behalf in pursuit of a favorable settlement offer. Moreover, if the insurance company does not offer you the full value of your claim, your lawyer can litigate your case to a resolution in the state court system.
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Injuries in Truck Accidents
Commercial truck accidents can result in a range of physical and mental injuries for those involved, often due to the size and force of the vehicles. Some of the most common injuries individuals may suffer in a commercial truck accident due to negligence include:
- Whiplash and Neck Injuries – The sudden impact of a truck collision can cause the victim’s head and neck to jerk violently, leading to whiplash injuries. These injuries can result in pain, stiffness, limited range of motion, and severe headaches.
- Upper and Lower Back Injuries – The force of a truck accident may also cause trauma to the victim’s spine, resulting in injuries such as herniated discs, fractures, and sprains. Back injuries can lead to chronic pain, mobility issues, and even permanent disabilities in the most severe cases.
- Broken Bones and Fractures – The strong force and high speed of a commercial truck collision may cause involved individuals to suffer broken bones and fractures in various body parts. These injuries can be painful and may require surgical intervention and extended rehabilitation.
- Post-Traumatic Stress Disorder (PTSD) and Emotional Trauma – Survivors of truck accidents may experience severe emotional trauma, including symptoms of PTSD, such as flashbacks, nightmares, anxiety, and depression. In some cases, victims may need to undergo extensive counseling or treatment with a psychiatrist or psychologist for these symptoms.
- Traumatic Brain Injuries (TBI) – A severe blow to the head during a truck accident can cause one or more traumatic brain injuries, ranging from concussions to more severe forms such as hemorrhages, contusions, or comas. TBIs can result in cognitive impairment, memory loss, mood changes, and other significant – and long-term – neurological effects.
- Internal Injuries – The force of a truck accident may also cause internal injuries, such as organ damage, internal bleeding, and abdominal trauma. Internal injuries may not always be immediately apparent and can get worse over time if the victim does not undergo prompt medical treatment.
- Soft Tissue Injuries – Commercial truck accidents can result in strains, sprains, and tears to various muscles, tendons, and ligaments. As a result, the victim may endure severe pain and need to undergo prolonged medical treatment or physical therapy.
Individuals involved in commercial truck accidents resulting from others’ negligence may suffer a range of physical and mental injuries, including whiplash, back injuries, traumatic brain injuries, broken bones, internal injuries, PTSD, and soft tissue injuries. An experienced truck accident lawyer in your area can begin handling your legal claim while you focus your attention on making a full medical recovery.
How do Commercial Truck Accidents Usually Happen?
Commercial truck accidents can occur due to various factors, often resulting from negligence on the part of truck drivers, trucking companies, or repair facilities. Some of the most common causes of commercial truck accidents include:
- Truck Driver Negligence – Truck driver negligence is a leading cause of truck accidents. This can include behaviors such as speeding, distracted driving (e.g., texting or using a cell phone while driving), drowsy driving, driving under the influence of drugs or alcohol, and failure to obey traffic laws or maintain proper control of the vehicle. Fatigued driving, in particular, is a significant concern in the trucking industry due to long hours behind the wheel and demanding driver schedules.
- Trucking Company Negligence – Trucking companies may also contribute to commercial truck accidents through negligence in various ways. This can include inadequate training or supervision of drivers, failure to properly maintain and inspect trucks, pressure on drivers to meet tight deadlines (leading to speeding or driving in unsafe weather conditions), improperly loading trailer cargo, and failure to enforce state and federal motor carrier regulations. In some cases, trucking companies may prioritize profit over safety, leading to unsafe practices that increase the risk of serious accidents.
- Repair Facility Negligence – Negligence by repair facilities responsible for maintaining commercial trucks can also contribute to accidents. If trucks are not properly maintained or repaired, mechanical failures such as steering problems, tire blowouts, brake failures, or engine malfunctions can occur, increasing the likelihood of accidents. Failing to perform regular inspections, address known issues, or use quality replacement parts can all contribute to the risk of commercial truck accidents on the road.
Other contributing factors to commercial truck accidents may include adverse weather conditions, roadway hazards, inadequate signage or road design, and the actions of other drivers on the road. However, negligence on the part of truck drivers, trucking companies, and repair facilities remains a significant factor in many accidents involving commercial trucks.
To reduce the risk of commercial truck accidents, it’s essential for truck drivers to prioritize safety, adhere to traffic laws, and avoid risky behaviors, such as distracted or fatigued driving. Trucking companies must also prioritize safety over profit, ensuring that drivers are properly trained, vehicles are well-maintained, and schedules allow for adequate rest and adherence to motor carrier regulations. Additionally, repair facilities must perform thorough maintenance and repairs to ensure the safe operation of commercial trucks on the road.
Why are Insurance Company Settlement Offers So Low after a Truck Accident?
After a truck accident, dealing with insurance companies can be frustrating, especially when their settlement offers seem lower than expected. There are a few reasons why insurance companies often offer low settlements following truck accidents.
First, insurance companies are big businesses, and their primary goal is to make a profit. This means they want to minimize the amount of money they pay out in settlements. To achieve this, they may offer low initial settlements in the hope that the victim will accept without question.
Secondly, insurance companies have teams of adjusters and lawyers whose job is to evaluate claims and negotiate settlements. These professionals are skilled at assessing the value of claims and may use tactics to downplay the severity of injuries or the extent of property damage to justify offering a lower settlement amount.
Additionally, insurance companies may try to take advantage of victims who are desperate for quick compensation. They know that after a truck accident, victims may be facing mounting medical bills, lost income, and other expenses and may be more inclined to accept a low settlement offer just to get some money sooner rather than later.
Despite these challenges, victims of truck accidents have legal options to pursue fair compensation. One option is to retain an experienced truck accident lawyer in their area. These lawyers have experience dealing with insurance companies and can advocate on behalf of the victim to negotiate a higher settlement offer – or take the case to court, if necessary.
Another option is to gather evidence to support the claim. This may include medical records, police reports, witness statements, and photographs of the accident scene and damage to vehicles. The more evidence the victim has to support their claim, the stronger their case will be when negotiating with the insurance company.
It’s also important for victims to understand their legal rights and the true value of their claims. This may involve consulting with experts to assess the long-term costs of injuries and other damages resulting from their accidents.
Insurance company settlement offers following truck accidents are often low due to the profit-driven nature of insurance companies, the tactics they use to minimize payouts, and the vulnerabilities of accident victims. However, victims have legal options to pursue fair compensation, including retaining an experienced truck accident lawyer, gathering ample evidence, and understanding their rights. By taking quick action, truck accident victims can increase their chances of receiving the fair compensation they deserve.
Potential Litigation Options Following a Truck Accident
Following a truck accident, victims have several potential legal options to pursue compensation for their injuries and damages. These options include settling the case, taking the case to trial, or pursuing alternative dispute resolution methods, such as mediation or binding arbitration.
One option available to truck accident victims is to settle the case with the insurance company representing the at-fault party. Settlement involves reaching an agreement with the insurance company outside of court, typically in exchange for a sum of money. Settlements can be advantageous because they provide victims with a faster resolution and avoid the uncertainty and expense of a trial. However, it’s important for victims to make sure that any settlement offer sufficiently compensates them for all of their accident-related losses.
Another option is to take the case to a bench or jury trial. This step involves presenting arguments and evidence in court before a judge and/or a jury, who will ultimately determine the case outcome. Going to trial can be a lengthy and expensive process, but it may be necessary if the insurance company disputes fault for the truck accident or refuses to offer sufficient compensation. Trials also provide victims with the opportunity to seek compensation for non-economic losses, including inconvenience, pain, and suffering.
Alternatively, victims may choose to pursue alternative dispute resolution (ADR) methods, such as mediation or binding arbitration. Mediation involves a neutral third party (the mediator) facilitating ongoing settlement negotiations between the parties. Binding arbitration is similar to a trial but is conducted outside of court and involves an arbitrator who hears evidence and renders a binding decision in the case. These methods can be less adversarial and time-consuming than going to trial, but they may not always result in a satisfactory outcome for the truck accident victim.
Ultimately, the best legal option following a truck accident will depend on the specific circumstances and the victim’s preferences. Consulting with a knowledgeable truck accident attorney can help victims understand their rights and options and navigate the legal process effectively. Whether settling the case, going to trial, or pursuing ADR, the goal is to secure fair compensation that fairly addresses the victim’s accident-related losses.
Potential Damages in a Truck Accident Case
Following a truck accident, victims may be entitled to compensation to help them recover from their injuries and other losses. These avenues of compensation can include:
- Reimbursement of Medical Expenses – Victims of truck accidents may be compensated for all medical expenses incurred as a result of their injuries. This can include costs associated with medications, hospitalization, procedures, physical therapy, and ongoing care.
- Loss of Earnings and Loss of Earning Capacity – If a victim is unable to work due to their injuries, they may be entitled to recover compensation for lost income. Additionally, if the accident-related injuries result in a reduced capacity to earn income in the future, victims may also receive compensation for this loss.
- Property Damage – Truck accidents frequently result in damage to vehicles and other property. Victims may be entitled to compensation for the repair or replacement of their damaged property, including vehicles, personal belongings, and other material assets.
- Future Medical Care – In cases where the victim’s injuries require ongoing medical treatment or care, the victim may be entitled to compensation for future medical expenses. This can include anticipated costs for surgeries, therapy, medications, medical equipment, and other necessary services.
- Non-economic Damages – In addition to economic damages such as medical expenses and lost income, victims may also be entitled to non-economic damages for various intangible losses, such as pain and suffering, emotional distress, and lost quality of life. These damages are significantly more difficult to quantify from a numerical perspective but are aimed at compensating victims for the non-financial effects of their truck accident injuries.
In some cases where the truck driver’s conduct was extremely reckless or grossly negligent – such as where the truck driver operated their vehicle while under the influence of alcohol – victims may be eligible for punitive damages. Courts may award these damages over and above economic and non-economic damages. The primary purpose of punitive damages is to punish the at-fault party and to discourage others from committing similar wrongful acts in the future.
Speak with a Knowledgeable Truck Accident Attorney in Your Area Today
If you recently sustained injuries in a commercial truck accident that a negligent truck driver, trucking company, or repair facility caused, you need to retain skilled legal counsel right away. Your attorney can thoroughly evaluate your legal options, file a claim or lawsuit on your behalf, and pursue the financial recovery you deserve.
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
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