- September 13, 2019
Trucks are necessary to convey goods from one part of Michigan to another and out of state. But their large size, coupled with driver fatigue and acts of negligence, means they are subject to one of the most common accident types in the United States. Thankfully, victims of truck collisions can file a compensation claim against the negligent driver. However, being a victim does not mean you’ll receive a satisfactory financial settlement for your injuries and losses. You might face several challenges when seeking compensation from the at-fault party. This article discusses the challenges faced in a truck accident claim and how our truck accident lawyers at Goodman Acker P.C. can help you.
Why You Should Choose Goodman Acker P.C. to Handle Your Truck Accident Claim
Truck accident claims are complex, and insurance companies will offer you a settlement less than you deserve. This is especially true if you represent yourself without hiring an attorney. Therefore, it is best to get legal representation when pursuing a truck accident case.
Getting legal representation is the best way to deal with the challenges associated with trucking accident claims.
Our Detriot trucking accident lawyers at Goodman Acker P.C. have the knowledge and experience you need to move forward. We’re ready to stand by your side every step of the way, working to provide you with the answers you need to make the decisions that are right for you. When you hire our lawyers, you can feel peace of mind that your best interests always come first and foremost.
Our client results show our dedication to getting you fair compensation. We care, and you deserve every ounce of effort we can invest to be successful on your behalf. Contact us today at 248-286-8100 to book a free case review.
Why Do Trucking Accidents Happen?
The primary reason why truck accidents happen is driver error/negligence. Driver failures that cause trucking collisions may be classified as follows:
- Recognition: If a truck driver’s attention is diverted because of something inside or outside the vehicle, they might cause a collision.
- Nonperformance: A driver might fall asleep due to fatigue or suffer a medical emergency that makes them unable to react to situations on the road.
- Bad Decisions: This manifests in different ways, including driving too fast for the conditions, misjudging the speed of other vehicles on the road, and following too closely (tailgating).
- Poor Performance: If a driver panics when behind the wheel, overcompensates, or exercises poor directional judgment, it could cause an accident.
You can file a truck accident claim if the driver is guilty of the above. Also, you must establish that they owed you a duty of care and breached it; the breach caused the accident; and you sustained damages, for which you deserve compensation.
What Challenges May I Face in a Truck Accident Claim?
Unique challenges in truck accident cases make getting the compensation you deserve complex. The following are reasons why truck accident claims are complicated:
Insurance Companies
Insurance companies are profit-oriented, making them the first stumbling block to your claim. Insurance adjusters representing the truck driver or the trucking company will approach you immediately after the crash. They might appear friendly and compassionate, but it is a front to get you to implicate yourself or say something they can use against you.
The goal is to get you to accept a lower settlement or find a reason to reject your claim outright. They might say you are partly to blame for the crash or tell you that you have no chance against the trucking company. If you speak with them without a lawyer, you may be unable to get maximum compensation.
Missing Evidence
Evidence is vital to winning a trucking accident claim, and the more evidence you have, the greater your chances of succeeding. However, victims sometimes find that the evidence needed to prove their case has gone missing. This could be the record of the number of hours the truck driver spent on the road or the vehicle’s black box information.
Trucking companies do not want to lose money paying higher insurance costs, so some of them might make the evidence disappear. Alternatively, they employ tactics to keep you from getting vital information. However, there are laws to prevent trucking companies from destroying proof if there is a pending or ongoing legal action.
Therefore, hiring our Detroit truck accident lawyers immediately after the accident is best. We will take the necessary step to have the trucking company hand over or preserve the evidence.
Falsified Records
Fatigue is one of the leading causes of truck collisions, and drivers often become fatigued due to long hours on the road. Driving for an extended time is against the Federal Motor Carrier Safety Administration (FMCSA) regulations. Under the Hours of Service Regulation, a truck driver may drive 11 hours after ten consecutive hours off duty.
The challenges faced in truck accident claims are manageable. So you should not let them keep you from getting a financial settlement.
But as often seen, truck drivers only sometimes follow this rule, especially when they have strict deadlines. Consequently, in case of accidents where fatigue could be a factor, trucking companies may falsify the records to show the driver was on the road for a short time.
Inadequate Records
Another reason why truck accident claims are complicated is poor record keeping. Trucking companies do not always keep proper records; in some cases, the records are lost due to improper handling. In cases where mechanical failure or malfunction causes an accident, it is hard for an individual to get the maintenance or service record of the vehicle.
In cases where you find the record, you might discover it is incomplete and illegible, making it hard to determine when the truck was serviced or if it was roadworthy. You can mitigate the effects of inadequate records by working with our experienced trucking accident attorney in Michigan.
Intimidation Tactics
One way truck accidents differ from other types of collisions is that they involve trucking corporations worth a lot of money. This alone is intimidating, and the truck company may add to it by telling you it's better to accept the settlement they offer. They want you to believe you do not stand a chance if you file a case against them.
If you handle your case alone, the intimidation tactic may work, and you might give up your truck accident claim. But you can fight against such bullying by employing a legal team.
Aggressive Legal Teams
Another unique challenge in truck accident cases is that they employ aggressive legal teams. Trucking companies have top law firms on retainer, and these lawyers will work aggressively to ensure your claim does not stand or that you get peanuts.
These attorneys have been known to go to the crash scene before the authorities clear it and retrieve questionable evidence. Alone, winning against an aggressive legal team would be nearly impossible. Therefore, you should waste no time getting legal representation and protecting your interest.
How to Handle the Unique Challenges in Truck Accident Cases
The first thing to do is gather as much evidence as possible, beginning from the crash scene. However, if you were severely injured, get a copy of the accident report from the investigating authority. Next, hire Detroit truck accident lawyers, and turn over the case to them.
Avoid speaking to the insurance adjuster without your attorney, and don’t accept any settlement offered. If you sign a settlement agreement and take a check, your case is over, and a lawyer can do nothing even if the money received is inadequate to pay your hospital and auto repair bills.
What Challenges May I Face in a Truck Accident Claim FAQs
As with all accident cases, you will have questions about your truck accident claim. Some of the frequently asked questions include the following:
Are There Challenges When Pursuing a Truck Accident Claim?
Yes. Truck accident claims are quite complex, and you have to surmount the challenges before you can win.
What Challenge Will I Face When Pursuing a Truck Accident Claim?
Some challenges common with truck accident claims are aggressive attorneys, insurance companies, falsified reports, intimidation tactics, etc.
Can I Handle My Truck Accident Claim Myself?
Yes. But it is better to work with our truck accident lawyer as the trucking company has a legal team to represent them.
How Do I Handle the Challenges in a Truck Accident Claim?
Gather the evidence needed to prove your claim and avoid making statements to the at-fault party’s representative. Then get legal representation, and have your lawyer handle the complexities of the case.
Our Trucking Accident Lawyer in Detroit Can Help You Win Against Trucking Companies
Trucking companies are part of a large industry with billions in revenue. This doesn’t make them untouchable, however, especially when it can be shown that negligence was involved in causing a serious crash resulting in injuries.
Our Detroit trucking accident lawyers at Goodman Acker P.C. will help you gather the evidence to prove liability. Also, we will negotiate with the truck driver or company’s insurance provider or legal representatives to get you a favorable settlement. We will file a lawsuit and argue your case in court if needed.
We are your best chance of beating the challenges of a truck accident claim. Book a free consultation today by calling 248-286-8100.