If you’ve been hurt in a truck crash, it’s vitally important to get fair compensation for your injuries.
Truck accident injuries are frequently devastating. Medical bills totaling in the hundreds of thousands of dollars are not unusual. Settling for less than you deserve could lead to a lifetime of financial hardship.
The good news is that trucking companies and other commercial vehicle operators are required to purchase a lot of insurance coverage. Under Texas law, minimum liability coverage can be anywhere from $300,000 (for box trucks carrying household goods) to $5 million (for trucks carrying hazardous materials). Semi-trucks operating across state lines are required to carry at least $750,000 in liability coverage. And many trucking companies carry even more to protect themselves against catastrophic claims.
But here’s the bad news: the insurance company responsible for paying the claim is not interested in what’s fair. They will fight to keep your payout as low as possible. You and your truck accident lawyer will need an airtight case to prevail. Here are four of the major steps you’ll need to take:
1. See a doctor right away (and do what they say)
Don’t sit on the couch for a week hoping the pain will get better on its own. Truck accident injuries often get worse, not better, without medical intervention. Even if you think you just got a few bumps and bruises, get checked out as soon as possible. Then, do what your doctor tells you to do. Don’t skip appointments or slack off on your treatment plan.
Why is this so important? There are a few big reasons.
First, if your injuries are worse than you initially believe, you want to know sooner rather than later so you can get the treatment you need.
Second, you’ll need medical records to back up your truck accident claim. The longer you wait to see a doctor, the harder it is to prove your symptoms were caused by the crash and not something else.
Third, if you refuse to follow your treatment plan or just stop seeing your doctor because things aren’t getting better, the insurance company will argue that you must not really be hurt that badly. But if you keep following up with your doctor, the medical records will show that your symptoms are persistent. That makes it much easier to justify a larger settlement demand.
2. Document everything
Successful truck accident claims require evidence. You need to show that the truck driver (and not you) was legally at fault. You also need to demonstrate that your injuries are real, they were caused by the crash, and the amount of money you’re demanding is reasonable.
Evidence at the scene. Hopefully, you called the police to report the crash and get a police report. You will also want photos or videos of the vehicles involved, damage, road conditions, and any injuries you sustained. Get contact information from drivers and eyewitnesses.
Medical records and bills. Keep careful track of each doctor visit, medical bill, pharmacy receipt, therapy appointment—any bill or interaction you have with a provider. Alert your attorney about new appointments, new medications, or any changes to your treatment routine.
Paychecks and pay stubs. If your truck accident injuries keep you from working or even force you to change careers, make sure to keep detailed information about your income before and after the crash.
Correspondence. Keep any letters or forms your insurance company sends you. If they call you on the telephone, take notes and write down a summary of what you talked about. (Or, even better, let your truck accident attorney handle the communication with the insurance company.)
Symptoms and activities. Between doctor appointments, it’s a good idea to write down your daily symptoms and experiences. If your pain kept you from sleeping, write it down. If you’re feeling depressed because you can’t do your chores, write it down. If your injuries meant you couldn’t go on a vacation with your family or a planned hiking trip with your friends, write it down. This is all good supplementary evidence that you can use to support a higher valuation of your damages.
3. Calculate damages
There are two main types of damages you can recover from a personal injury claim:
- Economic Damages: Compensation for past, current, and future bills and expenses that result from the negligent party’s actions.
- Non-Economic Damages: Compensation for the pain and suffering you experienced due to your wreck and the emotional or financial impact on your immediate family.
You’ll need to look at a lot of factors to get an idea of what number you should put to your claim:
- Medical bills: The medical bills from right after your accident might be the start, but you could be a long way from the finish. Doctor’s visits, physical therapy, and medications can all add up to huge sums of money after broken bones, herniated discs, or head injuries.
- Future health care: Serious injuries can take time to heal, and the pains you have now might only be setting the groundwork for future expenses. Traumatic brain injuries or permanent disabilities are the types of things that can put stress on your funds for years to come. You could also add on any medical equipment you’ll have to rely on.
- Lost earnings: You can bring up how the accident affected your job, and missed paychecks are just the beginning. You could also look at future income you might miss, like promotions that could have bumped up your pay.
- Property damage: You weren’t the only thing that took a hit in the accident. Your car is probably in bad shape if the insurance company hasn’t already totaled it. You could look for help getting repairs or replacing the vehicle you lost.
- Pain and suffering: Separate from health care, this includes the physical pain, emotional anguish, and other “non-economic” suffering you experience because of the crash. Insurance companies typically estimate pain and suffering using either the “multiplier method” or the “per diem method,” based on the seriousness of your injuries. You can read a much more detailed breakdown of how pain and suffering damages are calculated in this blog post.
Calculating damages is a complex process. A simple online calculator is probably not going to give you a truly accurate picture. When we estimate damages and make settlement demands, we typically get input from doctors, medical experts, life care planners, and other specialists.
4. Call an experienced truck accident lawyer as soon as possible
At Crosley Law, our truck accident lawyers routinely obtain significant settlements for our clients. We are experienced, determined, and use sophisticated tactics to build the best possible truck accident case.
- We dig deep into the evidence, obtaining dash camera footage, vehicle black box data, truck driver logs, maintenance records, disciplinary records, company policies, federal regulations, and more. Our investigations can uncover safety shortcuts taken by the trucking company. When we expose this type of negligent behavior, the settlement value of the case increases.
- We are often able to prove that there was an economic motive that led the trucking company or its driver to cut corners with safety. A theme of profits over safety can increase a claim’s settlement value.
- We are often able to identify additional responsible parties beyond the truck driver and the trucking company. For example, the equipment manufacturer of a defective truck part, a cargo loader that packed the truck unsafely, or a mechanic who provided shoddy service could also be partially responsible. Why is this important? More liable parties mean more insurance policies in effect and more ways to actually collect the compensation you deserve, particularly if you suffered severe injuries.
- We frequently partner with respected medical and accident reconstruction experts that help us pinpoint the real causes and factors that led to the crash. We can often estimate how fast a truck was likely traveling, whether it braked or swerved, and more.
- When appropriate, we use focus groups and mock juries to tailor our trial presentations and negotiation tactics.
Contact our office and request a consultation to learn more about our innovative approach to truck accident litigation.
5. Don’t take a bad deal
You should never assume the insurance company’s settlement offer is fair. Insurance companies are more concerned about profitability than fairness. They will try to pay the absolute minimum for your truck wreck claim, no matter your medical expenses and lost wages.
Many truck accident victims feel frustrated, defeated, and just want their financial and legal problems to go away. But when the insurance company tries to tempt you with a bad offer, don’t take the bait. When they say their offer is “final,” don’t believe them.
When you settle a personal injury case, you give up your right to pursue a lawsuit in exchange for a lump-sum payment. Once your settlement is finalized, you cannot go back and ask the insurance company for more money. If you take a bad deal, you could be left with far less than you need to support yourself and your family through the long-term future—and no way to get a re-do.
You can always negotiate with the insurance company, right up to trial. Work with an experienced attorney to make sure your truck accident settlement truly is fair, and large enough to provide for your long-term needs.
Crosley Law has a history of outstanding results in truck wreck cases
Our law firm has obtained settlements or verdicts of at least $1 million in more than 50 personal injury cases. Many of these cases involved trucking accidents.
Here are just a few examples:
- $16 million trial verdict for a man who suffered a traumatic brain injury (that the insurance company refused to even acknowledge at first) after a head-on collision with a wrong-way semi-truck.
- $9 million wrongful death claim settlement for the family of a young woman who was killed when a truck driver ran a red light (and lied about it afterward).
- $4 million trial verdict for a man who dealt with debilitating back injuries after being rear-ended by a distracted truck driver—more than 12 times what the insurance company had offered to settle the case.
Car Crash? Call Crosley
At Crosley Law, we know how devastating truck accidents can be for victims and their families. Working with an experienced truck wreck law firm for your personal injury claim means you can focus on recovering and taking care of your family while we focus on getting you the compensation you deserve.
Call us today at 210-LAW-3000 | 210-529-3000, or send us a message online to schedule your free consultation with one of our experienced truck accident attorneys.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
