If you were recently injured in a truck accident, you might be unsure about your legal rights and options for recovering compensation. You may be struggling to decide what steps to take, especially if the insurance company is refusing to offer you the fair compensation you deserve for your injuries.
The experienced Oklahoma truck accident attorneys at Cain Law Office have compiled a list of truck accident frequently asked questions. Learn more about your case and your rights by reading our answers. If you still have questions or would like to discuss your particular claim, contact us online or give us a call today at (405) 759-7400. We are available to take your call 24/7.
Question #1 What Do I Do If I Was Involved in a Truck Accident?
The moments immediately after and in the weeks following a truck accident can have a direct impact on your health and your claim. If you were involved in a truck accident, take the following steps:
- Seek medical attention – If you suspect that you were injured, seek immediate medical attention. Your health is Cain Law Office’s top priority. We can help you get the medical help you need. Follow all of your doctor’s orders to minimize harm.
- Report the accident – If the truck driver is trying to convince you not to report the accident or claiming they’ll handle it, there is probably a reason for this. The driver may have drugs or alcohol in their system or may be violating safety regulations. Contact local law enforcement and make a report of the accident to protect your claim.
- Take pictures – Take pictures at the scene if you can, including of the vehicles, property damage, accident scene, and skid marks.
- Get information – Ask the driver for their contact, employment, and insurance information. Ask any witnesses for their names and contact information.
- Contact an experienced truck accident lawyer – Truck accident cases are often complex, especially when truck company representatives descend on the scene with the purpose of limiting their liability. The compassionate personal injury lawyers at Cain Law Office will come to you at home, in the hospital, or wherever is most convenient for you.
Question #2 How Much Does a Truck Accident Lawyer Cost?
This is one of the most common truck accident questions we receive. At Cain Law Office, you owe us nothing unless and until we recover compensation for you. If we win, we will receive a percentage of your award, based on our written fee agreement. If we don’t win, you won’t owe us a dime for attorney fees.
Question #3 Who Can Be Held Liable in a Truck Accident?
Depending on the circumstances of your case, there may be multiple parties who can be held liable for your truck accident, including the following:
- Truck driver
- Trucking company
- Truck owner
- Cargo loading company
- Third party responsible for maintenance
- Truck or parts manufacturer
- Other negligent motorists
Our rapid-response team will immediately launch an in-depth investigation into your accident to determine the factors that contributed to it and to identify the potential liable parties.
Question #4 How Long Do Truck Accident Cases Take to Settle?
Because we want you to recover the maximum compensation available for your claim, we will usually not recommend that you settle your truck accident claim before you have fully recovered or reached a point of maximum medical improvement. Besides that, the amount of time it takes to settle your case may depend on factors like:
- How clear liability is
- The nature and severity of your injuries
- The potential damages involved in your claim
- The insurance company and adjuster involved
Question #5 Should I Accept the Settlement from the Insurance Company?
The vast majority of truck accident claims are resolved through settlement with the insurance company. However, the insurance company may not start off by offering you fair compensation. It may take several rounds of tough negotiating before our lawyers recommend accepting the settlement offer. If the insurance company denies responsibility or refuses to offer a fair settlement, we may recommend litigating your case.
Question #6 What Is the Leading Cause of Truck Accidents?
The Federal Motor Carrier Safety Administration (FMCSA) conducted “The Large Truck Causation Study” in which it analyzed more than 120,000 serious crashes involving large trucks. According to the FMCSA, the leading cause of truck accidents is non-performance, which it defined as any of the following:
- Driver falling asleep
- Driver was disabled by a heart attack or seizure
- Driver was physically impaired for another reason
Other common causes of truck accidents include:
- Driving too fast for road conditions
- Distracted driving
- Poor maintenance
- Defective vehicle parts
- Driver inattention
- Cargo shifts
Question #7 What Are the Most Common Types of Injuries from Trucking Accidents?
Due to the sheer size and weight of commercial trucks, occupants in passenger vehicles often suffer serious injuries. Some of the most common types of injuries from trucking accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Soft tissue injuries
Question #8 Should I Settle My 18-Wheeler Accident Claim Quickly?
As medical expenses and bills start to pile up, you may feel tempted to quickly settle your accident claim. However, it is rarely in your best interest to do so. This is because insurance companies are interested in protecting their bottom line, not in protecting your health. If you settle your truck accident claim too quickly, you may later discover an injury you were not aware of, and you won’t be able to renegotiate your settlement.
Additionally, the first offer is hardly ever the best offer. Taking this quick offer can cause you to leave money on the table that could have more fully compensated you for your injuries, pain and suffering, and lost wages.
Question #9 What is the Average Semi Truck Accident Settlement Amount?
There is not really an “average” semi-truck accident settlement amount because every case is different. Additionally, individual awards may be kept confidential as a condition of the settlement. Collectively, Cain Law Office has recovered more than $50 million on behalf of our clients.
The potential value of your claim depends on many factors, including:
- The truck driver’s actions and the cause of the accident
- The nature and severity of your injuries
- The extent of your damages
- How the accident affected your ability to work and complete daily activities
- The extent of your pain and suffering
- Insurance policy limits
If you would like to learn more about the potential value of your claim, contact our office. There is never a charge for an initial consultation.
Question #10 What Happens If I Was Partially At Fault for the Truck Accident?
Even if you initially think that you may have helped cause the accident, don’t say this to the driver or anyone else. You may not know all of the factors involved, such as if the driver was drowsy or the truck’s brakes were worn out. Commercial trucking companies and drivers must adhere to additional state and federal regulations that may impact your claim. Part of our job as personal injury attorneys is to reduce any liability on your part so that we can recover the maximum compensation available for your claim.
Contact Cain Law Office to Learn More
If you need answers to any questions you have about your truck accident or would like to retain our services, contact us today or or give us a call at (405) 759-7400. We are ready to start on your case immediately.