Frequently Asked Questions about Truck Accident Claims
Q: I have been in a truck accident. What should I do?
A: Make a police report no matter how small the property damage, and even if you do not believe you have been hurt. Obtain the name, address and phone of the truck driver. Write down the ICC number from the tractor; it is usually located on the door of the cab. If you have a Smartphone with a camera, take a few photos of the scene, your vehicle, and the truck, before the vehicles are moved. If you have been injured in the truck accident, you should see a doctor right away. First, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Second, you should see a doctor because if you decide to bring a legal claim against the truck driver, you will need documentation of your injuries and what you did to fix them.
Q: Why do I need an attorney for my truck accident claim?
A: Truck accident claims can be more complicated than other motor vehicle accident claims. An experienced truck accident lawyer will conduct a prompt investigation, including researching the safety record of the truck company and driver, reviewing the driver’s logbook to make sure the driver was not exceeding the allowable driving hours (driver fatigue is a leading cause of truck accidents), interviewing witnesses, and hiring an accident reconstruction expert if needed.
Q: How much is my truck accident case worth?
A: Your attorney can speak with you about this, but even attorneys can’t necessarily pinpoint what your case is worth until it is close to a resolution. Many factors including the circumstances of the accident, the extent of the injuries and amount of medical bills, the amount of lost wages, and the permanency of your injuries influence the outcome. Any lawyer who tells you “up front” what your case is worth before investigating all the circumstances of the case is not being honest with you.
Q: How soon do I need to bring my legal claim against the truck driver?
A: It is best to speak with an attorney right away. The time limits for taking legal action vary state by state, and they may also be affected by the language in your own insurance policy if you need to bring an uninsured or underinsured motorist claim. The nature of your injuries may even change the amount of time you have to bring a claim. However, as a general rule, in Indiana you have two years from the accident to file a lawsuit.
Q: What if the insurance company offers me a check right away?
A: Before you accept anything — or sign anything — from an insurance company for a truck company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of work. Consult an attorney before you negotiate with the insurance company for the truck company.
