>U Mom Knows Best: Truck Accidents: Challenges with Insurance Companies

Tuesday, August 24, 2021

Truck Accidents: Challenges with Insurance Companies

Getting injured in an accident is one of the worst things a person can experience. An accident victim will have to go to many medical appointments and they may have to undergo painful physical therapy. 

When a person in a car collides with a truck, there is a good chance they will not survive or their injuries will be very severe. Unfortunately, insurance companies are often not willing to pay claimants their due. According to the website https://1800injured.care/truck-accident/miami-lawyer/ many challenges can arise when a person tries to get compensation from an accident involving a truck. 

Sometimes insurance adjusters think they can get away with offering accident victims a settlement that is far less than the person's injuries are worth because the person is in a vulnerable emotional state. They try to take advantage of people who are not feeling well and want to get the settlement out of the way. It can be helpful to make yourself aware of the problems that can arise, in the unfortunate event that you have an insurance claim or a wrongful death lawsuit due to a truck accident. 

Big Companies have Highly Trained Lawyers

Some truckers are independent and work on a contractual basis. Many drivers work for large companies that are staffed with teams of attorneys.

If you have lost a loved one in a trucking accident and are considering a wrongful death lawsuit, it is important to get an auto accident lawyer who is well-versed in the laws in your state. An experienced attorney will be familiar with changes to the law and with nuances that may help you win your case. 

When filing a wrongful death case, you should be aware of the statute of limitations in your state. In the state of Florida, a person has two years to file a wrongful death suit. 

Collecting Evidence

When you have a collision with another passenger vehicle, you are supposed to call the police and wait at the scene. You should also try to get the names of witnesses and take pictures of the car and any circumstances surrounding the accident. 

If you are involved in a truck accident, you will be unlikely to be able to collect such evidence. Insurance companies, judges, and juries alike rely on evidence such as skid marks on the road, weather conditions, and accident reports to determine who was at fault. 

You should go to the doctor right after your accident even if you feel just fine. Insurance companies may deny your claim if you wait too long to see a physician. 

Be sure to make a copy of every doctor bill that you have that is related to the accident. You should also save the receipts from any medications that you have whether they are prescription or non-prescription.

You will want to get a letter from your employer stating the number of hours that you have missed from work. If you need assistance with cleaning or child care, you should save the receipts from those services as well.

Trucking Laws

There are certain regulations that trucking companies and truckers must follow. If a company failed to adhere to those regulations, you may be entitled to additional compensation. Both the federal government and the state government have their own regulations. 

Federal regulations for truck drivers were recently loosened. Drivers used to be limited to 12-hour shifts, but the new rules state that they can now work 14-hour shifts. A driver can now drive for a longer period during adverse conditions such as a traffic jam. A driver used to have to spend 8 hours in their sleeping berth, but now they only have to spend 7 hours there. 

Drivers may not use handheld cell phones when they are on the road. If a driver is going under 40 miles an hour, they must allow one second of distance for each foot of the truck they are operating. 

Florida’s trucking laws require that semis weigh no more than 80,000 pounds. Drivers are not supposed to be on the road for over 11 hours a day if they are carrying cargo and 10 hours a day if they are carrying passengers. 

There is a zero-tolerance policy for illegal drugs and a driver can have a breath alcohol level of no more than 0.4. 

You must have a class A CDL license to drive a semi in the Sunshine State. If a driver wants a CDL license they will have to pass several tests. They must be over 18 to drive on the interstate and over 21 to drive anywhere else.

If a driver causes an accident and the company they work for was not compliant with the law, they may be considered negligent. If you can prove that their negligence was extreme, you can seek punitive damages.

Dealing with Insurance Companies

The state of Florida has a no-fault rule when it comes to auto insurance. This means that a driver’s own insurance is supposed to pay for their accident-related bills no matter who is at fault. In the case of a truck accident, the injuries tend to be very severe and the cost will far exceed the amount of insurance the driver carries. In this case, they may file a claim against the trucker’s insurance company or sue the trucking company.

Big businesses will often have several different insurance policies with several insurance providers. This is where things may get a bit complicated.

In cases where the driver is an independent contractor, they may have their own insurance. If the driver works for a contracting company, the company may have its own insurance. The trucking company itself may have a different form of insurance.

A professional law firm will be able to research your case and find out which insurance company is responsible for paying your claim. You will want to find a firm that has time to devote to your case. Finding a lawyer can take a lot of research in itself. Fortunately, there are websites that can help you find the right attorney.

Getting injured in an accident is trying and painful. Getting the money you need, can help you move forward.


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