5 Common Problems That Are Resolved By a Truck Accident Attorney

Filing a car insurance claim should not be an exercise in frustration. However, far too many auto insurance companies exploit the problems faced by claimants when seeking compensation. After you get involved in a car crash, you should follow a series of steps that help you receive the compensation you deserve.

First, you should call 911 followed by moving your automobile into a safe zone. Then, gathering physical evidence and speaking with witnesses provides you with the information you need to file a successful car insurance claim. If you sustained serious enough injuries, a trip to the nearest healthcare facility leads to the diagnosis and treatment of your injuries. The most important step to take after a car accident involves contacting an experienced auto collision lawyer. Getting legal support helps you resolve five common problems that are associated with an auto collision.

Gathering Evidence

Getting involved in a car accident can overwhelm you, especially if you have to deal with one or more injuries. The rapid flow of thoughts might make you forget to look for physical evidence and/or speak to witnesses that confirm what transpired before, during, and after the car accident. An experienced car accident attorney from Schiff & Associates immediately accesses the official police report to review physical evidence, as well as obtain the names and contact information of witnesses.

Gathering evidence helps your lawyer determine the cause of the crash, which can help resolve the next problem on our list.

Proving Negligence

To win a civil lawsuit that seeks monetary damages, your car accident attorney must show the judge hearing your case the presence of the four elements of negligence. First, your lawyer must demonstrate the other party owed you a duty of care to protect you against harm. Second, your attorney must submit persuasive evidence that establishes a violation of the duty of care doctrine. Third, the crash must have caused you to sustain injuries. Finally, you must have generated financial losses to become eligible for compensation.

Calculating a Fair Value for Compensation

Calculating a fair value for compensation seems like a straightforward process. All it appears that you have to do is add up the bills associated with your case. However, many auto accidents trigger mental and emotional issues such as acute anxiety that makes it difficult to assign a price tag. Hiring one of the proven car accident lawyers from Schiff & Associates ensures you receive compensation for non-monetary damages, such as the value of compensation for living with the symptoms of Post-Traumatic Stress Disorder (PTSD).

Negotiating a Settlement

An insurance adjuster and/or the lawyer representing the other party might want to negotiate a settlement to avoid the costly and lengthy litigation process. Negotiating a settlement requires the legal expertise of an experienced car accident attorney. You resolve the negotiation problem by receiving legal support that ensures you receive what you deserve in compensation. Your lawyer submits an initial offer, which the other party either accepts or rejects. If the other party rejects your initial offer, you might receive a counteroffer or a formal letter that requests you to move on to the next step in the process.

Filing a Civil Lawsuit

Without the legal support provided by an experienced car accident attorney from Schiff & Associates, you cannot expect to resolve the issues that arise by filing a civil lawsuit that seeks monetary damages. A car accident attorney interacts with the judge and the other party’s legal representative, as well as files your civil lawsuit before the expiration of the statute of limitations. Each state sets the deadline for filing a personal injury lawsuit, with most states establishing the statute of limitations between two and four years.

Why Don’t Insurance Companies Want Me to Hire a Car Accident Attorney?

If you are a recent victim of a car accident, the bills have started to pile up on your desk. The pressure to pay off costly healthcare and auto repair bills prompts you to check on the status of a car insurance claim every day. Insurance companies have no incentive to pay out insurance claim money, which means they love it when claimants apply for compensation without the help of a car accident attorney. In fact, your insurance company might discourage you from hiring an auto collision lawyer, especially if your claim is worth a substantial amount of money.

Let’s review why insurance companies do not want you to hire a car accident attorney.

Conducts a Thorough Investigation

Auto insurance companies assign experienced investigators to gather physical evidence, as well as interview witnesses. If you do not hire a car accident attorney, your insurance company can count on you not coming up with the proof you need to file a persuasive claim. A car accident lawyer from Schiff & Associates ensures you file a convincing insurance claim by referring to the official police report, which should describe in detail what caused the car accident.

The official police report also contains the name and contact information of every witness.

Calculates a Reasonable Claim Value

One of the most common reasons why insurance companies deny car accident claims concerns the submission of an unreasonable value of compensation. This factor alone might be the reason why your insurance company does not want you to work with an experienced lawyer from Schiff & Associates. With the legal support provided by a car accident attorney, you add up the tangible costs associated with the auto crash, such as medical and auto repair bills. Your attorney also calculates a fair value for non-economic damages, such as the costs generated by treating the symptoms of Post-Traumatic Stress Disorder (PTSD)

Helps Complete the Insurance Claim Form

Just one mistake in completing a car insurance claim form can lead to the denial of your claim. Whether you insert inaccurate personal information or forget to fill in a section, the insurance company processing your claim can send your claim back denied without having to present an argument against any of the physical evidence filed with the claim. Hiring one of the highly-rated lawyers from Schiff & Associates ensures you file an accurate and fully completed car insurance claim.

Negotiates a Settlement

Car insurance companies hope claimants accept no as an answer the first time they file a car insurance claim. They can then file away a denied claim and move on to other customer claims for processing. Hiring an auto collision lawyer provides you with the opportunity to avoid a lengthy claim process by negotiating a settlement. Instead of denying your claim and moving on, your car insurance company must negotiate with your attorney to end any stalemate that arises during the claim review process.

Your attorney submits a reasonable offer, which your insurance company can either deny or send back with a counteroffer.

Highly Motivated

Auto insurance companies fear interacting with car accident attorneys because of the motivation to seek as much money as possible by filing a claim. A vast majority of auto insurance lawyers operate on a contingency fee basis, which means they receive compensation only when their clients get paid by an insurance company. The financial incentive to receive the highest possible value for compensation keeps insurance company actuaries awake at night.

Why Should Owner Operators Keep a Truck Accident Attorney on File?

Truck owners and operators have to take steps to prevent their rigs from getting involved in an accident. Two of the most important steps to take include following federal driving regulations and performing regular maintenance on their 18-wheelers. Another important precautionary step involves keeping a truck accident attorney on file. Keeping a truck accident attorney on file requires hiring a lawyer on retainer. A retainer arrangement gives an owner or operator quick access to legal representation in case a truck driver gets involved in a collision.

Why Do I Need to Have a Truck Accident Attorney on File?

Keeping a truck accident attorney on file dramatically reduces the amount of time it takes to hire a lawyer to represent you during a truck accident case. In addition to quick access to legal representation, truckers benefit from keeping a lawyer on file for several additional reasons.

Conduct a Thorough Investigation

The key to gaining approval for an insurance claim, as well as winning a favorable legal judgment, involves gathering sufficient physical evidence to support an insurance claim and a civil lawsuit that seeks monetary damages. To collect persuasive physical evidence, your truck accident attorney conducts a thorough investigation that includes gathering physical evidence such as traffic and/or security camera footage. Your attorney also reviews the official police report and interviews witnesses as part of a detailed investigation.

Interacts With the Insurance Adjuster

A truck accident lawyer from Schiff & Associates helps you file a convincing insurance claim, as well as acts as an intermediary to prevent an insurance adjuster from taking advantage of you. By working with an experienced truck accident attorney, you can considerably reduce the amount of time it takes to get an insurance claim settled. You also can focus your attention on other issues, such as recovering from any injuries sustained as the result of a truck accident.

Submit a Reasonable Request for Compensation

One of the most common reasons for truck accident claims to come back denied is an unreasonable request for compensation. By hiring an experienced truck accident attorney, you submit a fair value for compensation that leads to the approval of your claim. Your truck accident lawyer considers the value of economic damages, such as the cost of medical bills and repairing property damage. Then, your lawyer calculates a value for non-economic damages, which can include treating the symptoms associated with Post-Traumatic Stress Disorder (PTSD).

Prove Another Party Committed Negligence

To win a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. First, your lawyer must show another party owed you a duty of care to prevent a truck accident. Second, another party must have committed at least one act that violated the duty of care doctrine. Third, you must prove that the truck accident caused your injuries. Fourth, the truck accident has to generate financial losses, such as medical bills and payments to repair the damage done to your rig.

Negotiate a Settlement

Hiring a truck accident attorney provides you with an experienced negotiator to represent your financial interests for an insurance claim, as well as a civil lawsuit that seeks monetary damages. Negotiations start with your lawyer submitting the initial offer, which the other party accepts or rejects. If the other party rejects the initial offer, you might receive a counteroffer or a certified letter that requests both parties move on to the next step of the insurance claim and/or civil lawsuit process. Several counteroffers can follow the initial offer until both parties resolve their differences or decide to take another action.

4 Auto Insurance Claim Problems You Should Take to a Car Accident Attorney

An average of nearly 12 million auto crashes happen each year in the United States, with roughly one-third of the accidents causing some type of vehicle damage. Although the majority of vehicle collisions cause what is called fender benders that result in minor property damage and minimal injuries, more than 42,000 Americans die each year because of getting involved in motor vehicle crashes. The numbers do not favor a registered driver in the United States, as the typical motorist can expect to get involved in a car accident one time every six years.

With the data pointing towards the inevitable car accident, do you know how to handle the aftermath of a motor vehicle collision? Calling 911, receiving medical care, and exchanging information with other drivers and passengers represent three common steps to follow after a car accident. Another common step involves contacting a state-licensed car accident attorney. Reaching out to a lawyer is important for many reasons, such as receiving legal support when the time comes to file an insurance claim to recover the financial losses associated with an auto crash.

What Are the 4 Most Common Reasons Policyholders File Auto Claims?

Filing a car accident insurance claim can turn into an exercise in frustration. From submitting the proper documents to monitoring the progress of a claim, you might find yourself out of money unless you receive the strong legal support of an experienced personal injury attorney who specializes in handling car accident cases. Depending on the type of insurance coverage, you might not be eligible to receive compensation to cover medical and property damage bills.

Let’s look at four auto insurance claim problems that you should take to a car accident attorney.

Rear-End Collision

A rear-end collision is one of the most common types of fender-bender car accidents. They often take place at stop signs and traffic signals. Although damage to the rear of your automobile might be minor, you can still sustain one or more serious injuries. Two of the injuries sustained as the result of a rear-end collision typically take time to develop. The body motion generated because of a rear-end collision can cause whiplash and/or a concussion. Taking a rear-end collision insurance claim to a car accident lawyer ensures you receive just compensation for diagnosing and treating delayed injuries such as whiplash and a concussion.

Damage Sustained While Parked

After an evening that included a movie and a meal at your favorite restaurant, you return to your vehicle and notice another driver has made an impact on the car. If you pay for comprehensive car insurance coverage, you should consider hiring a car accident attorney to help you file a persuasive auto insurance claim. Even without the support of witness statements, you can recover your financial losses by filing a parked car insurance claim. Your lawyer gathers physical evidence, which includes any traffic and/or security camera footage.

Single Car Accident

Single-car accidents produce many of the same car insurance claim problems as claims involving a parked motor vehicle. The lack of witness accounts to support your claim represents the most formidable insurance claim challenge to overcome. If you made an impact with a stationary object like a sign or fence post, you have the right to receive compensation to cover the costs associated with the property damage. However, receiving insurance compensation after a single car accident requires the legal support of a car accident attorney.

Auto Collision That Involves Multiple Drivers

One of the most important responsibilities of a car accident attorney is to gather physical evidence to bolster an insurance claim. Collecting physical evidence is especially important for receiving compensation for a multiple-driver car accident. Your car accident lawyer conducts an investigation to determine which of the multiple parties caused the collision. This requires obtaining physical evidence, as well as interviewing witnesses that were not involved in the car accident.

5 Examples of Commercial Truck Accidents Being More Complex Than Car Accidents

If you have experienced the aftermath of a car accident, you understand that a legal case can get complex quickly. From a lack of physical evidence to confusing insurance jargon, you can get bogged down in a car accident case for months on end. Although car accident cases often turn into complicated legal messes, they do not compare in complexity to the complex issues that arise from a commercial truck accident case.

Why Are Commercial Truck Accidents More Complex Than Car Accidents?

Accidents involving commercial trucks represent some of the most devastating accidents that occur on American roads and highways. Victims of a commercial truck accident frequently develop severe, even life-threatening injuries as a result of colliding with a massively sized commercial truck. In addition, truck accident insurance claims typically introduce many more complex factors than the insurance claims filed for other types of motor vehicle accidents.

Damages and Injuries

The sheer size and weight of a commercial truck cause more property damages and serious injuries than any other type of auto accident. Determining the extent of property damage and serious injuries requires a much more thorough investigation that introduces complex legal and insurance issues.

The more serious the injuries and the higher the value of property damages, the more complex the commercial truck accident case.

Liability

Liability boils down to ownership, which varies among the drivers of commercial trucks. Although most truck drivers are considered owners/operators of their vehicles, a substantial percentage of commercial truck drivers operate big rigs that are owned by a company. Legal and insurance issues concerning liability become even more complex if a truck driver operates an 18-wheeler to haul loads for another party.

Since ownership is often difficult to ascertain, a truck accident case can create issues that make it difficult to determine the liable party. Liability also is problematic because the type of cargo can make a truck driver not liable for causing a collision.

Laws and Regulations

Truck drivers must follow more laws and regulations than the average driver. For example, truck drivers cannot operate a big rig for more than a certain number of hours a day. A truck driver who exceeds the maximum number of operating hours and then causes a commercial truck accident might be guilty of operating a commercial truck while fatigued.

Due to a large number of laws and regulations, discovering fault in a commercial truck accident case generates several complex legal and insurance issues.

State Laws

Although the United States Department of Transportation issues the regulations for operating a commercial truck, each of the 50 states has implemented laws that vary in the types and strength of regulations. The actions taken by a commercial truck driver in one state might produce different legal and insurance ramifications for the same actions taken in another state.

Truck Data

Many truck drivers carry a black box that records a wide variety of data, such as the different speeds traveled throughout the day. The data recovered from a truck’s black box helps investigators determine the cause of a commercial truck crash. However, any discrepancies between the data recovered from a black box and the physical evidence gathered at the scene can turn a relatively easy commercial truck accident case into a difficult case to resolve.

Your Car Accident Attorney Can Help You Get The Settlement You Deserve

If you have sustained one or more injuries as the result of a car accident, you might be eligible to receive compensation by filing an insurance claim, as well as a personal injury lawsuit. For both types of claims, you can receive a favorable decision that helps you pay for the costs associated with medical treatments and the repairs done to property damage. However, your car accident lawyer also might be able to negotiate a settlement, which allows you to avoid the costly and time-consuming litigation process. A settlement pays for the same costs associated with a favorable legal judgment and an approved insurance claim.

How Should I Respond After a Car Accident?

How you react after a car accident determines the outcome of negotiations for a settlement. The key is to submit overwhelming evidence that another party caused the accident that led to the development of your injuries.

First, you should call 911 to activate the local emergency response teams, such as paramedics and law enforcement personnel. Unless you got involved in a minor fender bender, law enforcement personnel conduct an investigation that ends with the submission of the official police report. The official police report represents the most important type of evidence submitted to both insurance companies and the judge hearing a personal injury lawsuit that seeks monetary damages.

After the emergency response teams arrive at the scene of the car accident, receiving medical care is the next step on your to-do list. Even if you sustained what appears to be minor injuries, you should receive a thorough medical examination to ensure you have not sustained an injury that develops delayed symptoms, such as whiplash and/or a concussion. After receiving medical care, contact a state-licensed personal injury attorney who specializes in handling car accident cases. Your lawyer gathers additional physical evidence, as well as interviews witnesses to support your insurance and legal claims.

How Does My Car Accident Attorney Negotiate a Settlement?

Your car accident lawyer follows a few steps to reach a favorable settlement with another party after a car accident.

Calculate a Fair Compensation Value

Calculating a fair value for a car accident settlement involves factoring in both tangible and intangible costs. Tangible costs leave a paper trail, with documents verifying the costs associated with medical care and repairing property damages. Intangible expenses do not leave a paper trail, such as the costs associated with developing emotional trauma symptoms like Post-Traumatic Stress Disorder (PTSD). Also referred to as non-monetary damages, your car accident attorney calculates the fair value of intangible expenses by using a formula that factors in the costs associated with tangible expenses.

Send a Demand Letter

A demand letter is a formal document that initiates the negotiation process with an insurance company and the lawyer representing the other party. The demand letter includes a detailed description of the car accident, which includes a copy of the official police report and the physical evidence collected at the scene of the collision. It also should include witness statements and contact information. Another section of the demand letter explains how your attorney calculated the proposed settlement value.

Negotiations

After submitting the initial offer found in the demand letter, the other party can either accept or reject the proposed value for compensation. If the other party rejects the initial offer, you might receive a counteroffer or a request to move on to the next step in the claim process. For a civil lawsuit that requests monetary damages, the next step is to take your case to the trial phase of the litigation process. If an insurance company rejects a settlement offer, your attorney can file an appeal to receive compensation.

Top 5 Questions to Ask Your Truck Accident Attorney

If you sustained one or more injuries as the result of a truck accident, you should act with a sense of urgency by contacting an experienced truck accident lawyer to schedule a meeting to discuss your case. Most truck accident attorneys offer a free case evaluation for potential clients to discuss their cases. During the first meeting with a truck accident attorney, the lawyer reviews your case to determine what type of action to take, which can include filing a civil lawsuit that seeks monetary damages.

The attorney reads the official police report of your case, examines the physical evidence collected by the responding law enforcement agency, and interviews witnesses that describe what transpired before, during, and after the truck collision. You learn about how to file a persuasive insurance claim, as well as discuss the steps required to take legal action to recover the financial losses generated by the truck accident. Toward the end of the first meeting with a truck accident attorney, you get the opportunity to ask questions to help you decide whether the lawyer sitting across from you is the right one to handle your case.

What Type of Questions Should I Ask the Truck Accident Attorney?

The questions that you ask a truck accident lawyer can determine the direction you take for your case. You should ask questions that pertain to the attorney’s legal background, as well as clarify how the lawyer approaches handling truck accident cases that result in a victim sustaining one or more injuries. You also should ask questions that explain the legal process, as well as educate you on what you need to do to boosting the strength of your case.

Here are the top five questions to ask a truck accident attorney:

Do You Specialize in Handling Truck Accident Cases?

Personal injury lawyers typically specialize in one, maybe two areas of personal injury law. You want to determine whether the attorney sitting across from you specializes in handling truck accident cases. Truck accident laws vary from other types of personal injury cases such as medical malpractice and premises liability. Although case and truck accident cases share many similarities, there are enough legal differences to require a truck accident attorney to handle your case.

Do You Work on a Contingency Fee Basis?

Hiring a truck accident attorney can cost a considerable amount of money, especially if a lawyer charges clients for legal services by the hour. You want to hire an attorney who operates on a contingency fee basis, which means the lawyer gets paid when you receive compensation from an insurance company and/or a personal injury lawsuit that seeks monetary damages. Truck accident attorneys who charge on a contingency fee basis receive a percentage of a client’s compensation.

Will You Work on My Case from Start to Finish?

The truck accident attorney that you meet for an initial consultation might not be the same attorney who helps you file an insurance claim and/or a personal injury lawsuit. You want to avoid hiring a truck accident lawyer who meets with you for an initial consultation, only to delegate legal responsibilities to a paralegal or a less experienced litigator.

Do You Negotiate Settlements?

Your goal as a victim of a truck accident is to receive compensation in the least amount of time. You can accomplish this goal if your truck accident attorney is willing to negotiate a settlement with the insurance company processing your claim, as well as the defendant in a civil case.

How Much Time Do I Have to File a Personal Injury Lawsuit?

Each state has established a deadline to file a personal injury lawsuit. Although most states have set the statute of limitations to take legal action between two and four years, other states have set the deadline for filing a personal injury lawsuit as long as six years or as short as one year. Regardless of the statute of limitations established by the state where you live, you should act with a sense of urgency to recover your financial losses.