If you were involved in a truck accident, you may be wondering who is responsible for paying for your medical expenses and other damages. The short answer is the insurance company representing the trucking company. Unfortunately, getting compensated isn't as simple as this sounds.
Dealing with trucking companies and insurance adjusters
First, it's critical that you understand that the insurance companies don't have your best interests in mind. They use every trick in the book to pay you as little as possible. Be aware that it won't be long before you start receiving phone calls from the trucking company's insurance adjuster looking for a recorded statement.
An insurance adjuster may come across as friendly, helpful and harmless. It may be tempting to want to tell your side of the story. Anything you tell an insurance adjuster can be leveraged against you, however. You may inadvertently admit fault. And once you make a recorded statement, you can't retract it.
The best course of action to take after a truck crash is to consult with an experienced attorney and refrain from giving a recorded statement to the insurance adjuster.
Pursuing damages after a truck accident
Crash victims who survive truck accidents often sustain serious and long-term injuries. They include, but are not limited to:
- Traumatic brain injury
- Broken bones
- Spinal injuries
- Crushed limbs
- Deep lacerations
- Internal organ damage
- Paralysis
Your attorney can launch a thorough investigation into your crash and review your medical records to determine how much compensation you're eligible for. Common medical expenses recoverable through a truck accident claim include:
- Surgery
- Emergency room care
- Doctor's visits
- Prescription medication
- Physical therapy
- Rehabilitation
- X-rays, MRIs and CT scans
- Alternative treatments, such as chiropractic care
In addition to current and future medical expenses, you may be eligible to recover lost wages and non-economic damages, such as pain and suffering.
Getting compensated is a complicated, and sometimes drawn out, process. Your attorney would need to prove that the negligent or reckless actions of the truck driver caused your injuries. This would involve launching a thorough investigation and gathering critical evidence to support your claim.
Trucking companies often deploy their own investigators and adjusters after a crash. They generally gather evidence that works in their favor. The Texas attorneys at the Herrera Law Firm will look for:
- Physical evidence from the crash scene (pictures, videos, etc.)
- Statements from witnesses
- A copy of the police report
- Records and documents pertaining to the trucking company's:
- Logging of hours and miles of its drivers
- Maintenance and inspection of its fleets
- Hiring of its drivers (for example, hiring inexperienced/unlicensed drivers, or hiring drivers with a history of reckless and negligent driving)
- Cellphone records of the driver (was the driver using a cellphone at the time of the crash?)
How our attorneys will fight for you
Insurance companies stand to lose millions of dollars from a single truck accident. They'll fight tooth and nail to save as much money as they can. Even when your attorney brings forth indisputable evidence, they will likely continue to try to shift the blame onto you. That's why you need a strong legal advocate who knows how to negotiate with insurance companies and urge them to do the right thing.
Your truck crash wasn't your fault. There is no reason why you should have to pay out of your own pocket because of someone else's negligence. The Herrera Law Firm will fight tirelessly to help you recover every dollar owed to you in damages. We serve clients in the greater San Antonio area. Contact us online to set up your free case evaluation.
