Semi-trucks are a vital part of the nation’s transportation network. However, these large vehicles also present risks to other motorists. Along with potential risks like wide turns and multiple blind spots, equipment on trucks can also malfunction. Some of the common semi-truck equipment failures include no-working brake lights, broken axles, and faulty tie-down straps.
When equipment on an 18-wheeler malfunctions, injuries and other damages are often severe. If you’re injured in an accident caused by malfunctioning semi-truck equipment, you may be eligible to receive compensation. Before you can file a personal injury claim, you need to follow a few simple steps.
Steps for Recovering Compensation After a Semi-Truck Accident
What you do immediately after a semi-truck accident can impact your ability to file an injury claim and receive compensation.
Report the Accident and Receive Medical Attention
Most states have guidelines outlining when traffic accidents must be reported and when you can wait to alert the authorities. In Texas, all accidents involving injuries, fatalities, or when property damage exceeds $500 must be immediately reported to the authorities.
Since your accident involves a big rig, there’s a good chance your property damage is well over $500. Most trucking accidents also result in injuries that are often catastrophic. Reporting the accident immediately can also help protect the overall value of your injury claim.
The authorities can investigate the accident scene while evidence is still present. All of this information goes into your official accident report. Waiting to report a traffic accident can make it harder for authorities to stage a proper investigation.
You also want to plan on seeking immediate medical care, even if you believe your injuries are minor. You may have internal injuries that can take a while to start displaying signs and symptoms. You’re also going to need copies of your medical records to help support your accident claim.
Investigate the Accident Scene
If your injuries aren’t severe, you may be able to handle this step on your own. Remember, your official accident report is going to include specifics about the incident. However, it also doesn’t hurt if you want to play an amateur detective. Just don’t get in the way of the responding authorities. They have a job to do, which can help support your accident claim.
Take some pictures of any visible injuries and damage to your vehicle. If possible, get some pictures of your vehicle’s post-accident position. Sometimes, where your vehicle ends up can help establish fault, and this can impact the value of your accident claim.
Hopefully, you’ve also retained legal counsel. An experienced personal injury attorney also has access to resources that can help gather supporting evidence. This can be especially helpful if your injuries are severe and require hospitalization. While you’re focusing on your recovery, your attorney can take care of the following:
- Send qualified accident scene investigators to visit the truck crash site
- Review of all police reports
- Review your medical records
- Reconstruct the accident scene, if necessary
- Meet with insurance adjusters
- Locate and review available traffic camera recording evidence
- Locate and interview eyewitnesses
- Conduct negotiations with the truck company’s legal and insurance representatives.
- Request and review copies of all documents and any additional evidence
While you can gather some evidence without assistance, it still helps to have an attorney working on your trucking accident claim. Your attorney has access to resources you may not, like being able to subpoena traffic camera footage.
Submit Your Claim and Start Negotiations
Once you have all of your evidence, it’s time to submit your claim to the insurance company. Who you file the claim with depends on accident specifics.
If the accident is caused by malfunctioning truck equipment, your claim may be against the part’s supplier or manufacturer. The truck driver and/or their employer may also be the liable party. Since determining liability can be complex, it’s a good idea to rely on legal guidance and the gathered evidence.
After submitting your claim, be prepared to wait for a response. Usually, it takes around two weeks or so to hear back from the insurance adjuster. Don’t be surprised if the insurance company wants to negotiate a settlement amount. This is normal, and your attorney is probably ready to argue for the value of your claim.
Hopefully, negotiations go relatively smoothly, even if it takes a few rounds to reach an agreement. If you can agree on a settlement amount, your claim is almost finished. All that’s left to do is sign some paperwork and wait for the settlement check to arrive. If negotiations fall through, your next option for receiving fair compensation is to file a lawsuit in civil court.
Comparative Negligence Can Impact the Value of Your Accident Claim
Even if your accident is caused by a malfunctioning truck part, you can still be partially liable. Several states, including Texas, follow modified comparative negligence rules. Under these guidelines, more than one party can be liable for the same accident.
As long as you’re not more than 50% responsible for causing the accident, you should still be able to file a compensation claim. If you’re 51% or higher, you usually can’t file a claim against anyone else involved in the accident.
If you’re assigned part of the fault, your settlement amount is reduced by your percentage of the blame. So, if your claim’s value is $100,000 and you’re 25% liable, you receive $75,000 in compensation. Your accident attorney can file an appeal if you believe you’re unfairly assigned blame. A judge will review the evidence and decide to either lower your percentage of fault or keep it the same.
Since your attorney thoroughly investigated your accident, you shouldn’t have any problems providing plenty of evidence.
Receiving Compensation After a Trucking Accident
Accidents involving semi-trucks happen daily, and damages can be severe. To help ensure you receive fair compensation for your damages, it’s usually best to partner with an experienced personal injury attorney.
Your attorney has access to resources that can help ensure you’re not unfairly assigned blame and protect the overall value of your accident claim.
