Why Hire an Attorney after an Accident with a Big Rig?

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Truck accidents are among the most devastating that occur on the roadways. Commercial trucks that are fully loaded typically weigh in excess of 80,000 pounds, and because of the massive size and weight of a big rig, collisions involving these types of vehicles can result in serious and catastrophic injuries.

There are thousands of trucking accidents each year, and many of them involve collisions with passenger vehicles. Because they are less protected, occupants of passenger vehicles tend to sustain the most severe injuries and fatalities in big rig accidents. Statistics show that in 2016, the most recent year we have records for, 97% of vehicle occupants killed in two-vehicle crashes between a large truck and a passenger vehicle were passenger vehicle occupants.

There are a number of potential causes for these types of accidents, some of the most common include:

  • Driver Error: Either driver could be at-fault for the accident, or they could both be partially to blame. Possible types of driver negligence include speeding, reckless driving, distracted driving, DUI/DWI, improper turns, failure to check blind spots, and many others.
  • Inclement Weather: High winds, heavy rain, and icy and slippery roads can cause vehicles to weave out of their lanes and shorten the braking distance. Drivers must exercise extra caution when there is bad weather.
  • Improperly Maintained Vehicles: If a vehicle is not properly maintained, it can lead to engine failure, which could result in an accident. This is especially important with big rig trucks, because they typically put on thousands of miles per month.
  • Vehicle or Vehicle Equipment Failure: Faulty vehicles or vehicle parts could contribute to an accident. Examples include computer dashboard malfunctions, brake failures, and tire blowouts.
  • Overloaded and Unevenly Loaded Trucks: When a truck is loaded beyond its limits or loaded unevenly, it can cause the vehicle to turn over or flip onto its side.

If a big rig accident is the fault of the truck driver or a related party, occupants of the passenger vehicle who are injured are entitled to compensation. In most cases, injured parties will be dealing with the other party’s insurance adjuster to work out a settlement. They can deal with the insurance company on their own, or they can hire an attorney to represent them.

The Insurance Company is Offering me a Fair Settlement: Why do I Need an Attorney?

Many accident injury victims wonder why they need an attorney when they are dealing with the insurer for the responsible party. This question often comes up when the insurance company offers what appears to be a fair settlement. The problem is that injured parties typically do not know exactly what their case is worth, so they often settle for significantly less than what they should be entitled to.

Insurance adjusters handle accident injury cases for a living. They are trained negotiators, and their job is to minimize the amount that is paid out on behalf of those they represent. When you are dealing with an adjuster after a big rig accident, the first thing they will likely do is give you a call soon after the incident.

The purpose of this call is to build rapport and reassure you that you will receive a fair settlement for your injuries. They will usually start by showing concern for you and ask how you are doing. Then they will tell you not to worry and that you will be “taken care of.” They may even imply that you don’t need to hire an attorney by saying something like “you can get a lawyer if you want, but whether you do or not, it won’t have any affect on your settlement.”

After the initial call, you may receive a settlement offer. Adjusters know that after an injury, there are mounting medical bills, and you have probably missed some time from work as well. With finances getting tighter, you may be motivated to settle quickly so you can pay your bills and move on. It might seem like a good offer, but it probably doesn’t account for all of your losses.

How an Attorney Can Help after a Big Rig Accident

By hiring an attorney, you are far more likely to end up with a settlement that reflects the full extent of your losses. There are several reasons for this:

  1. An Attorney Knows what a Typical Big Rig Accident is Worth

Personal injury lawyers who have experience with commercial truck accident cases can provide a more accurate assessment of what the case is worth. They can thoroughly investigate the incident and calculate full damages. Aside from compensation for property damage, medical expenses and lost wages, this may also include non-economic damages such as physical pain and suffering, emotional distress, and diminished quality of life.

  • An Attorney Can Pursue all Responsible Parties

Commercial trucking accident cases are typically far more complex than regular car accident cases. With an 18-wheeler accident, there may be several parties at fault. These may include the driver, the trucking company the driver is employed with, the owner or lessor of the truck, the party responsible for maintaining the truck, the shipping company that loaded the cargo, and the vehicle or vehicle part manufacturer or distributor. After a full investigation, an attorney can help ensure that all responsible parties are held fully accountable.

  • Attorneys are Skilled Negotiators

Like insurance adjusters, personal injury attorneys are experienced negotiators. They know the common tactics insurers typically use to avoid responsibility and/or minimize the value of the case, and they know how to counter these tactics and effectively negotiate a full and fair settlement.

  • An Attorney Can Provide Essential Leverage During Negotiations

When an injured party is negotiating directly with an insurer, the adjuster is fairly confident that you are not going to take them to court on your own. This factor alone can result in a much lower settlement, because they have no fear of litigation. When you have an attorney representing you, the adjuster knows that they need to give you a fair offer; because if they do not negotiate in good faith, your attorney can initiate a personal injury lawsuit, which could cost them far more in the long run.

Contact an Experienced Alabama Trucking Accident Attorney

If you, or a loved one, have been injured in an accident with a big-rig, contact Chip Nix, Attorney at Law, immediately in order to best position yourself to collect the damages you need to move forward. Contact our skilled Alabama truck accident attorney at (334) 279-7770 or through our website contact form.

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