If you find yourself locked in a battle with a commercial truck company that refuses to offer a fair settlement for an accident one of its trucks caused, the Law Offices of Ogle, Elrod & Baril, PLLC, can help. Our law firm has helped many accident victims recover compensation when insurance companies challenged their personal injury claims.
While any type of auto accident can disrupt your life, colliding with a commercial truck heightens the seriousness of the accident. Victims often suffer large-scale damages because of a truck’s massive size and weight.
Do not take on a truck company and its insurer on your own. Our firm has numerous resources to help you build a solid insurance claim or personal injury lawsuit. We operate on a contingency basis, which means you do not pay for our services if we do not recover compensation for you.
How Much Is My Truck Accident Claim Worth?
To provide a definite answer to that question, we must first review the circumstances of your crash, determine what type of injuries you and your passengers suffered, and calculate the value of any property damaged in the crash. Nonetheless, we know that a truck accident can cause traumatic brain injury, head injury, broken bones, spinal injuries, paralysis, and even death. Generally, more serious injuries qualify for higher compensation.
After we review your case, we can give you an estimate of how much it will take to help you recover from your injuries—both now and in the future. We strive to ensure that you receive the maximum compensation you deserve.
How Will a Financial Settlement Help Me?
Generally, truck accidents can result in mounting out-of-pocket expenses as you face the cost of medical treatment, car repairs or replacement, and funeral costs, if a loved one died in the accident. When we file your claim, we will ask for reimbursement for all of these accident-related expenses. Your settlement may cover your:
- Medical bills;
- Physical therapy;
- Inpatient rehabilitation;
- Assistive medical devices;
- Lost earnings;
- Funeral costs, if a loved one died in the crash; and
- Vehicle repair or replacement costs.
You may also pursue compensation for emotional damages like pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish.
Our Lawyers Will Investigate the Cause of Your Crash.
Prior to filing a claim, we investigate the cause of the truck accident. We collect the evidence we need to prove how the negligence of the truck driver caused the crash that led to your injuries. Truck drivers and truck companies have a duty to other motorists to drive safely. If their negligence caused an accident that led to bodily injuries, they failed in that duty.
One important document to prove our negligence claim is a police report. This document usually provides numerous crash details, as well as the identities of all the parties in the accident.
Our investigation will also focus on the actions of the truck driver. In many instances, truck accidents occur because of:
- Drowsy or fatigued driving;
- Failure to follow traffic signals or signs;
- Improper turning;
- Improper passing;
- Driving under the influence of alcohol or drugs;
- Driving beyond the federally regulated hour limits; and
- Driving without proper training or truck driving experience.
We have found that distracted driving also contributes to truck accidents. In collecting data on distracted driving, the National Highway Traffic Safety Administration (NHTSA) analyzed three studies involving large truck crashes. The NHTSA’s data showed texting on a cell phone while behind the wheel increased crash risk more than 23 times. Federal regulations prohibit truck drivers from text messaging and using a hand-held phone while driving.
We Must Work Quickly to Protect Evidence.
After we take on your case, we will send a letter to the truck company to preserve evidence related to the accident. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, truck companies must preserve such information as truck maintenance and inspection records, data from any recording devices, and the driver’s log documenting how many hours the driver was operating the vehicle.
This information may show us whether the truck driver or the company violated in any state or federal safety rules or regulations. We must act quickly to obtain this evidence, however. The trucking company does not have to preserve this information forever.
The Employment Status of the Truck Driver May Impact Your Claim.
Even if the truck driver’s negligence caused your accident, you may also hold the company that owns the truck liable for your injuries—as long as the truck driver was working when the accident occurred. The vicarious liability legal doctrine holds employers and vehicle owners liable for accidents employees cause.
This is where a case can become complicated, however. If the truck company in your case wants to avoid liability for an accident, it may argue that the driver was an independent contractor, not a company employee. We will thoroughly investigate this claim to determine the true relationship between the truck driver and the company.
When Will I Receive Compensation?
After filing a claim on your behalf with the truck company’s insurer, we will negotiate the claim with the insurance adjuster. We have decades of collective experience negotiating claims, so you can rest assured that we know every trick insurers pull to delay, reduce, or deny claims. We know the best ways to defend against them.
If we believe the insurer does not want to fairly compensate you, we will discuss filing a personal injury lawsuit. We will aggressively pursue compensation in court.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC, Today.
If a truck accident has devastated your life, turn to the Law Offices of Ogle, Elrod & Baril, PLLC. We are an aggressive—yet compassionate—firm, and we work hard to help our clients get the maximum compensation they deserve. Call us now at 865-546-1111 to speak with a truck accident lawyer in Kingsport. The sooner you call, the sooner we can get started on your case.