How Do You Get a Truck Accident Settlement?

If you were in an accident with a large truck, it’s likely you now struggle with ongoing pain and injuries. In stark contrast, the truck driver likely came out just fine. According to the National Safety Council in statistical studies of truck accidents, “most of the injuries occurred to occupants of other vehicles (69%), followed by truck occupants (29%) and non-occupants (2%).” You deserve compensation for your pain and suffering, damage to your vehicle, and lost wages. But how do you get a truck accident settlement in Texas that is worth your time and money?

Understand the Insurance Industry

When you are in a car accident, you usually call your insurance company and hope they cover your damages and injuries. However, the adjusters who decide how much to pay you don’t care about your best result. They are interested in their own bottom line.

Insurance adjusters (claims representatives) work for the insurance company. Their allegiance is to the written standards specified according to your insurance policy. Attorneys hired by insurance executives write long contracts about coverages. They write these long policies and have you sign them for a reason. They assume that you won’t read the fine print or understand it if you do. 

Insurance companies want you to feel comfortable driving your vehicle. They want you to feel like they’ve got your back if anything happens. This could not be further from the truth.

The truth is that insurance companies pay the least they can, according to the law and the legal contracts (policies) that you signed. Without someone who knows the insurance and legal systems, you don’t stand a chance for a large settlement. You don’t even stand a chance for a fair settlement. 

The Most Important Step

If you’re in an accident facing injuries and wondering what your first step is, you need an advocate, someone on your side. To get a settlement that covers your backside, you must hire an attorney. Unless you understand the legalese written in your insurance policy contract, you don’t have the skills needed to negotiate a settlement.

An attorney attends law school and practices in their chosen field specifically to gain the knowledge they need to navigate a complicated legal system. An experienced attorney knows what language to look for in your policy.  They understand what is covered and what is not. But more importantly, they know what a court will look at when determining your settlement dollar figure. 

Texas accident law uses comparative negligence. According to the Texas Bar, “This means that damages are reduced by the amount that the injured party contributed to the accident. If the injured party was 51% or more at fault, no damages are paid at all. This makes even seemingly simple cases tricky, as both insurance companies have a financial stake in raising the other party’s at-fault percentage. Therefore, victims must self-advocate or engage an experienced lawyer to advocate for them.”

Talk to a couple of different attorneys and ask about their recent cases. If you feel like they know their business, hire them to handle yours. Statistics bear out that trucking accidents with injuries are notoriously underpaid when you don’t have representation.

The Trucking Industry

In addition, an attorney who specializes in truck accidents understands the trucking industry. Specific laws govern how much time a trucker may spend on the road and how much downtime they must have before getting back on the road. Many companies cut corners and ask their truckers to work beyond their limits. 

The law exists precisely to protect drivers on the road. If the company is at fault for pushing the trucker to drive beyond legal limits, you need an attorney who understands how to research this information and use it for your case. 

According to PolicyAdvice, large truck accident statistics show the trends for how often these accidents happen, when they happen, and why they happen.

• 68% of all truck fatalities are passenger vehicle occupants.
• There has been a 52% increase in these accidents since 2009. Most occur during the day — between noon and 3 PM, up to 19%.
• 74% of all fatal passenger vehicle cases include a large truck.
• Tire defects account for around 30% (the most common cause) of all truck-related accidents.

In cases where the trucking company is liable for an accident because of employee expectations or vehicle care and maintenance negligence, the settlement payouts could be even higher. Courts often want to make an example to prevent this kind of corporate behavior in other trucking companies.

Watch Your Mouth

Be careful how you talk with adjusters and law enforcement. Do not give a recorded statement to your insurance or the trucker’s insurance company without your attorney’s presence. Don’t negotiate or discuss your case with anyone but your attorney. 

Anything you publicly or privately say through text, messaging, email, social media, or any other electronic communication can land in the wrong hands and work against you in a court of law. Even if you believe your words support your case, the other side may twist your words out of context. 

Don’t Wait to Get Medical Treatment

Get the medical treatment you need immediately. Don’t wait. Insurance companies and courts look at when you receive treatment as proof of your need for medical intervention. If you wait to get treatment, it may look like you did not need help.

To pay for medical treatment, use your PIP (personal injury protection) coverage first. After you’ve exhausted PIP, use your health insurance policy. Keep all medical records and copies of any bills and payments as future evidence in your case. 

We Can Help

At Jarrett Law, our large truck personal injury legal team assesses all of your case information to help you get the best results. We look at pictures of the property damage, the accident scene, the police report, and the associated injuries. We study your insurance policy, talk with adjusters and the others involved in the accident and represent you on every level. If you face a long medical recovery, we go after damages from the responsible party. Negotiations for your best outcome are where our team shines. We know how to work to get the best settlement for your pain and suffering. Contact us today and find out how we can help.