Commercial Truck Accident Insurance Settlements – What is Fair?
About The Author
Steven J. Gordon
Houston, TX
Practice Areas: Trucking Accident
Other Articles by the Author
Ifyou, or a loved one, were involved in a truck accident with a commercial truck, you are most likely dealing with serious injuries. Truck accidents are unlikemost motor vehicle accidents in that they are especially devastating to thevictims and their families. In an attempt to prevent these tragic truckaccidents from occurring and provide fair compensation to those injured whenthey do, the trucking industry must abide by special rules and regulations.
Inthe days following the truck accident, you will be exposed to a verycomplicated legal situation which includes extremely intimidating tactics byinsurance companies and lawyers who are looking out for their own interests andwant to prevent you from receiving the compensation you are entitled to. It’simportant to understand the motives behind the insurance company’s actions andrely on expert legal advice from a qualified truck accident attorney who willfight on your side.
YourFirst Line of Defense
Ifyou are attempting to file a personal injury claim on your own for your truckaccident injuries, you should know that the adjuster from the trucking companywill make every attempt to “low ball” or avoid paying the full amount requiredto compensate you, or your loved one, for the injuries and damages you sustainedin your truck accident. Unless you arevery familiar with the legal process, your chances of receiving an unfair settlementare high. There are some simple guidelines to keep in mind whendealing with the aftermath of a truck accident:
- Collect all medical records and damage files
- Carefully consider all of your expenses, even those you have not incurred yet (future medical costs related to your injury, etc)
- Never sign any paperwork after the truck accident
- Never talk to an insurance adjuster without an attorney present
TruckDriver Liability
Following a truck accident with a commercial truck, expensescan begin to mount and will range from car repair to extensive medicalexpenses. As the victim of a truck accident, you may be entitled tocompensation for:
- Injuries
- Lost earnings
- Pain and suffering
- Property damage
- Future expenses
Commercial truck driversare required to carry at least the minimum limit of public liability coverage setforth by the Secretary of Transportation. Publicliability coverage minimums can range from $500,000 to $5,000,000 dependingon several factors including: the truck’s seating capacity; kind of equipment(i.e., passenger vehicles versus freight vehicles); and commodity transported.
Truck accident liability can also shift depending on the roleof the truck driver at the time of the truck accident. It is possible that morethan one person is liable in any given situation, but it will be critical toyour truck accident case – and therefore, the amount you receive for yourinjuries and damages – to know whether the truck driver was an owner-operator orsolely a driver for the trucking company. Either way, a lot is at stake for thedriver and the trucking company if they are found liable.
Unless you, or your loved one, are absolutely positive about theextent your injuries, property damage, and future expenses, it is best to speakto an experienced truck accident attorney who understands the state andFederal regulations that govern the operation and maintenance of trucks,tractor trailers, or commercial vehicles before signing any settlement offer youreceive for your personal injury claim.
- The content of this article is provided for informational purposes only, and does not constitute legal advice. If you need help with a Truck Accident claims, consult an experienced trucking accident attoney from the law offices of Gordon & Elias, L.L.P. by calling TOLL FREE: 800 - 773 - 6770 OR by filling out the Free Case Evaluation Form on this page.