Truck Accident Claims Process
May 17th, 2023
Many people mistakenly believe the truck accident injury claims process is the same as filing a claim after a car accident. But the trucking industry is complicated and highly regulated. Complex state and federal rules apply, and multiple companies could all be partially responsible for causing the crash.
In addition, immediately after a truck accident, the trucking company’s insurance companies will dispatch a team of claims professionals, accident analysts, and lawyers to “minimize their risk of exposure,” which is code for making it more difficult for truck accident victims to obtain full and fair compensation for their injuries.
Because injuries suffered in a trucking accident are almost always catastrophic, it is critical that you work with an experienced truck accident injury lawyer who understands the truck accident injury claims process and can maximize your financial compensation.
Contact an Experienced Truck Accident Injury Lawyer
One of the first questions people ask about the truck accident injury claims process is whether they will need to file a lawsuit. Many claimants can obtain full and fair compensation without ever needing to file a lawsuit. But every case is different, and because of the complexity and importance of obtaining fair compensation, the first thing you should do in a truck accident claim is to contact a Michigan truck accident injury lawyer at Muth Law, P.C.
Identify Who Was Responsible
Resolving a truck accident injury claim is a multi-step process. It begins by gathering evidence to identify the negligent parties and prove that they were responsible for causing your injuries. Proving negligence often requires an independent investigation to determine how the accident happened and who caused it.
Channel Communications Through Your Lawyer
Once we have identified the responsible parties, we will send them a letter of representation formally notifying them that we represent you. From then on, all communications regarding your truck accident injury claim should be directed through our office. We will handle all discussions with the trucking companies and their insurance adjusters. You should not sign anything from the trucking company or insurance companies, and you should not answer any questions about the accident without discussing it with us first. If a representative from the trucking company contacts you, tell them your lawyer instructed you not to discuss your case, and give them our contact information.
Conduct an Independent Investigation
The trucking companies and their insurance companies will investigate the cause of the accident to try to minimize their role to avoid responsibility.
We will conduct our own investigation, starting with your account of the crash. We will request and review your medical records and medical history and request information to document your claim for lost wages and other damages. We will obtain the police report and work with experts to fully understand the cause of the crash.
We often work with accident reconstruction experts to fully understand the details of the days, hours, and minutes leading up to the crash.
We will review the truck’s black box data, locate and obtain traffic camera evidence, identify and contact any eyewitness, and obtain and review the truck’s service records.
Send a Demand Letter
Once we have the evidence necessary to prove your claim, we will issue a demand package. This settlement demand package will describe the nature and extent of your injuries and the economic and non-economic losses you suffered, explain how the insurance company’s insured was responsible for causing the crash, and, perhaps most importantly, demand a specific amount of money that we will accept as full and fair compensation for your losses.
Negotiate a Settlement or Move Toward Trial
Once the trucking company’s representatives receive our demand letter, they will evaluate their case. Their response will be to (a) accept your demand and move toward settlement; (b) negotiate by presenting a counter-offer; or (c) reject your offer.
In most cases, the trucking company’s representatives will make a counter-offer, and negotiations will go back and forth until an agreement can be reached. If the trucking company rejects your offer or a settlement cannot be reached, we will file a lawsuit to protect your rights and fight for the compensation you and your family deserve.
Contact Muth Law, P.C to Represent You in Your Truck Accident Claim
If you or a loved one was injured in a Michigan trucking accident, experienced legal representation is crucial. The trucking accident injury lawyers at Muth Law have decades of experience representing injury victims and their families in complex, high-stakes personal injury and wrongful death litigation.
We invite you to learn more about us and the people we represent, our promise to our clients, and to contact us today to schedule a free, non-obligation, confidential consultation to discuss your case and how we can help.
Categories: Trucking Accidents