- Medical expenses incurred, including doctor’s visits, hospitalization, surgery, ambulance transportation, emergency room visits, prescription medication, rehabilitative therapy, retrofitting a residence to accommodate injuries, and more
- Expected future medical expenses
- Income lost from work, if the injuries caused you to lose time from work
- Expected future income lost from work
- Pain and suffering
Filing a Claim With an Insurance Company
To file a claim with the insurance company of the at-fault party, you must know who the at-fault party is. That is far from easy in a truck accident of any kind, and that is especially true in a semi truck accident—and that is why you want to hire a truck accident lawyer. Why? Truck accidents often require full investigations before the causes are completely known. Let’s take an example. At the scene of the accident, you may have exchanged information with the driver. But the insurance and contact information from the driver may mean little. Driver error may have caused the accident. But it’s also possible that other factors caused or contributed to it. Let’s say that it looked as if the driver drove too fast for conditions. The driver didn’t slow sufficiently to safely make the turn onto an entrance ramp, and rear-ended your car as a result. While the cause might appear to stem from a speeding driver, an investigation might show that the brakes didn’t work adequately to slow such a large truck, despite the driver’s efforts to brake. Faulty brakes, if proven as a cause, could result from the negligence of several parties. Trucking companies are required by the Federal Motor Carrier Safety Administration (FMCSA) to periodically inspect, maintain, and repair their trucks. If they failed to perform these duties, they could bear responsibility for the accident. Truck drivers must receive training and an Illinois commercial driver’s license (CDL) before they can operate semi trucks. The entity responsible for checking a driver’s qualifications should check that drivers have valid CDLs. If they don’t, they could bear responsibility for the accident. Somebody may have overloaded the truck or improperly loaded it. Overweight or improper loading can also contribute to a driver’s difficulty slowing down, and can contribute to accidents. Many trucking companies subcontract loading and packing to other companies. If a load or cargo issue caused the accident, they can bear liability. In short, the potentially at-fault parties in any truck accident include:- The driver
- The trucking company
- Companies hired to vet driver qualifications, if different than the trucking company
- Inspection, maintenance, and repair companies, if different than the trucking company
- Companies hired to load, pack, and secure cargo
Challenges of Dealing With an Insurance Company
Many victims of a semi truck accident have found it is by no means easy to recover a just settlement from insurance companies. Unfortunately, insurance companies are not dedicated to the well-being of victims. They are for-profit companies that emphasize their own profits over justice for you. They view a just settlement for you as a threat to their bottom lines. As a result, insurance companies use sophisticated techniques to minimize and even deny claims. They may:- Claim their insured is not at fault for the accident
- Claim the accident occurred differently from what you say
- Claim your injuries are not as severe as you indicate, especially if you did not initially seek medical attention
- Claim your treatment should be less expensive
- Claim your time off work is excessive
- Set a low amount for pain and suffering compensation
- Try to settle quickly, but for far less than your injuries have cost you
- Delay the processing, hoping you will become desperate for any settlement (or forget about your claim)
How an Attorney Can Help
Fortunately, you do have recourse if an insurance company is difficult to find or difficult to deal with. Experienced truck accident attorneys can negotiate with insurance companies and enter settlement talks on your behalf. Contacting an experienced attorney can investigate who or what caused the accident. They can determine the appropriate insurance company to contact for compensation. They can help you compile evidence. They know all of the strategies used to minimize or deny claims. Most importantly, they can negotiate for the highest settlement possible. Finally, if settlement fails, they can help you bring a truck accident claim in civil court against the at-fault party or parties. There, an impartial judge and jury can hear your case, and your lawyer can fight in court for the justice you deserve.Abels & Annes 100 N LaSalle St #1710 Chicago, IL 60602 (312) 924-7575