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You file a claim against a trucking company after an accident by documenting the scene, seeking medical attention, and talking to a lawyer for assistance with the process. Claims are how you recover your losses, such as medical bills and lost work income.
However, the process of making an insurance claim can be complicated, especially in the context of commercial vehicle accidents. If you plan to pursue compensation, you’ll need a broad overview of how to sue a trucking company.
You can contact a truck accident lawyer in Fort Myers for additional guidance on filing a claim against a trucking company after an accident.
When Can a Trucking Company Be Liable for Accidents?
There are two main scenarios under which your attorney could sue a trucking company for injuries from an accident that one of their drivers caused.
Vicarious Liability
Employers are generally vicariously liable for the negligence of their employees under the legal doctrine of respondeat superior. According to this principle, an employer can be legally liable if one of their employees hurts someone while in the context of performing work duties.
For example, if a truck driver violates hours-of-service regulations and drives while fatigued, you could potentially hold the employer responsible for the driver’s negligence. So long as the trucker was operating in the scope of their employment, vicarious liability can affect claims against trucking companies.
Direct Negligence
You could also sue a trucking company if its own negligence directly contributed to the accident. Examples of direct negligence might include hiring unqualified drivers, neglecting regular fleet maintenance, or not keeping records in line with federal regulations.
For instance, a trucking company could be liable if it hired a driver without a valid CDL who then went on to cause injuries. The trucking company failed to perform due diligence when hiring, and so is liable for negligence in hiring.
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Filing a Claim Against a Trucking Company: Step-By-Step Guide
Below is a step-by-step guide on how to file a claim against a trucking company after an accident:
1. Document the Scene
The first step is documenting the scene of the accident and gathering as much evidence as you can. Take pictures of vehicle damage and your injuries, as well as other factors relevant to the accident (e.g., weather, road conditions, etc.). You also need to get the truck driver’s contact, insurance, and employer information.
2. Seek Medical Attention
Your next step should be seeing a doctor to diagnose your injuries. Insurance companies often use delays in medical treatment as a reason to deny claims, so try to see a doctor within 72 hours. You’ll also need hard copies of any relevant medical documentation that could prove your condition.
3. Talk to a Lawyer
Now it’s time to find a personal injury lawyer. They can gather additional evidence and ensure that your claim is strong enough to submit to the insurance company. They can also represent you in any insurance proceedings and act as a go-between for you and insurers.
4. Open a Claim With the Insurance Company
When you contact the insurance company, they will open a claim and may send an adjuster to investigate. Your lawyer will perform a parallel investigation so they can address any discrepancies. You’ll also have to submit documents to prove your injuries and expenses.
When talking with the insurance company, you must avoid saying or doing things that could hurt the value of your claim, like admitting fault or downplaying your injuries. Ideally, you should have your lawyer handle all communications with the insurers.
5. Negotiate the Settlement
Once you have submitted the initial claim to the insurance company and they perform an investigation, they will give a settlement offer. Insurance companies typically lowball victims on the first offer, so don’t sign anything until your attorney looks over it.
If the value is low, your lawyer can negotiate for a higher amount. The negotiation process effectively consists of both sides making offers and counter-offers until a mutual agreement is reached.
Compensation You Can Recover from Filing a Truck Accident Claim
A truck accident claim will provide compensation for any losses you sustained due to your injuries. These include any explicit financial losses, such as:
- Emergency medical bills.
- Continuing medical expenses.
- Lost work income and other employment compensation.
- Diminished lifetime earning capacity.
- Out-of-pocket injury expenses.
You can also recover compensation for the psychological losses associated with your injuries, such as:
- Pain and suffering.
- Mental anguish.
- Loss of enjoyment
- Scarring and disfigurement
- Quality of life reductions
Insurance companies will doubtless try to diminish the value of your claim, either by dismissing your injuries or trying to shift blame. An experienced truck accident attorney can build a robust case that leaves little room for underhanded insurance tactics.
Click To ContactHow Long Do I Have to File a Claim Against a Trucking Company for an Accident?
Every state has a law that restricts how long you have to file a claim for personal injury. This law is called a statute of limitations and represents an absolute time limit on your ability to seek damages through legal means.
The personal injury statute of limitations in Florida places a two-year time limit on all lawsuits for truck accidents. That means you have two years from the accident date to sue the truck company for your injuries. Once the two years pass, you’ll lose your chance to file for damages.
Contact a Truck Accident Lawyer in Florida Today
Even in ideal circumstances, suing a trucking company for injuries can be a difficult prospect. The team from Viles & Beckmans knows how to file a claim against a trucking company after an accident and can maximize your chances of success. Contact us today for a free case consultation with a truck accident lawyer you can count on.
