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How Do Settlements For Commercial Vehicle Accidents Work?

March 25, 2019|POSTED BY cainfirm
Granbury Truck Wreck Attorney

When a commercial vehicle, such as a semi-truck, crashes, it often causes devastating damage and injuries to accident victims. Smaller passenger cars are no match for these large trucks in a collision, and many motorists suffer life-changing injuries in commercial vehicle accidents. With serious and catastrophic injuries also comes extensive losses, which can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent disabilities and impairments
  • Disfigurement

If the crash was someone else’s fault, you have the right to hold them liable for your losses. But how do you go about seeking the compensation you deserve?

Insurance Claims

The first step is generally to file insurance claims against liable parties, so you must identify who those liable parties may be. This can be challenging and may include:

  • The truck driver – Many truck accidents happen due to errors on the part of the truck driver, such as speeding, driving while fatigued, and other violations of traffic laws or Federal Motor Carrier Safety Regulations (FMCSRs).
  • The trucking company – Trucking companies can often be held strictly liable for the negligence of truck drivers, or the companies can be negligent themselves, including negligent hiring, inadequate supervision, inadequate maintenance of a fleet, and more.
  • The truck manufacturer – When companies sell defective truck parts that malfunction and result in crashes, the manufacturer should be held responsible.

Once your attorney files your insurance claims against the appropriate parties, they will then begin negotiating for the full settlement you deserve. This can involve:

  • Challenge allegations of partial liability on your part
  • Provide evidence of the full extent of your past and future losses
  • Reject inadequate settlement offers and negotiate for more
  • Threaten to initiate litigation if the insurer fails to offer a fair settlement

Even though trucking companies have substantial insurance policies, their insurers are skilled at limiting liability whenever possible, and the insurance process does not always end with a settlement check in your hand.

Personal Injury Lawsuits

If insurance companies fail to offer adequate compensation to cover your losses, your truck accident attorney can file a personal injury claim in civil court. The insurers will likely still be defending against the lawsuit, as the insurance policy will cover any judgments. You can bet the insurance company and the legal defense team will put up a fight during litigation, so you also want an aggressive legal advocate. Most truck accident claims end with a settlement agreement before the case goes to a jury trial, but it is not guaranteed. For this reason, your lawyer should be both a skilled negotiator and an experienced litigator.

Contact a Granbury, Texas Truck Accident Lawyer Right Away

The injury attorneys at Cain Firm take on complex truck accident insurance claims and lawsuits, and our goal is maximum compensation for each and every injured client. Call (817) 573-4300 or contact us online to learn about your rights and options. We help clients in and around the Granbury and Bedford areas, so please do not hesitate to reach out for your free case evaluation today.

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