How Do I File A Delivery Truck Accident Claim?

The easiest way to file a delivery truck accident claim is to contact a commercial truck accident lawyer to handle it for you. They can find out all of the responsible parties and insurers, get the evidence to calculate how much you need, and how to work with the insurers to get a fair settlement.

With delivery trucks, having more than one party in your lawsuit is common. The driver of the truck will have responsibility, but so will their employer. Instead of fighting for compensation from a single source, you may have several.

You can avoid this hassle by working with a Los Angeles truck accident lawyer while you recover. Here are some of the things they’ll help you with.

Gathering Evidence After a Delivery Truck Accident

You need to focus on getting medical attention, but a lawyer needs to start by collecting evidence. Failing to gather evidence can weaken your claim, making it more challenging to achieve justice.

The evidence collection process involves gathering various types of documentation, including:

• Police reports: These reports provide an objective account of the accident, including details on the parties involved, the cause of the accident, and any citations issued.
  
• Witness statements: Statements from witnesses can provide valuable insights into the accident, including the sequence of events and the parties’ actions leading up to the crash.
  
• Photographs of the accident scene and injuries: Visual evidence can help establish the severity of the accident and the extent of your injuries.
  
• Medical reports: These can prove the source of your injuries, how you were injured, and what will be needed to get you back to as close to normal health as possible.

Understanding Liability in Delivery Truck Accidents

When you’re involved in a delivery truck accident, multiple parties may be liable, including the truck driver, the trucking company, and potentially other third parties. Proving liability can be difficult, and the opposing sides will try to pin the blame on you so they don’t have to pay you anything.

Who Is Liable?

The truck company may be liable if they failed to maintain the vehicle, hired an unqualified driver, or neglected to implement safety protocols. The driver’s responsibility is also a significant factor in determining liability. If the driver was reckless, fatigued, or intoxicated, they may be held accountable for the accident.

Several other parties may also share liability for the accident, including: 

• Third-party maintenance providers, who may be liable if the truck was improperly maintained or repaired.
  
• Manufacturers, who may be liable if a defective truck part contributed to the accident.

Proving Negligence

Negligence occurs when a party fails to exercise reasonable care, leading to harm or injury to others. If it is proven, the negligent party owes compensation to their victims. In the context of delivery truck accidents, examples of negligence may include:

• Speeding or reckless driving, which can increase the risk of accidents and injuries
  
• Failure to maintain the vehicle, leading to mechanical failures that contribute to accidents
  
• Failure to follow traffic laws, such as running red lights or failing to stop at stop signs

Before filing a delivery truck accident claim, we must be able to show that the at-fault party breached their duty of care, causing the victim’s injuries. This can involve gathering evidence, such as police reports, witness statements, and vehicle maintenance records. 

By establishing negligence, victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Experienced attorneys, like those at J&Y Law, can build a case for negligence so the insurers will believe that your claim is valid.

Filing a Claim With the Trucking Company’s Insurance

When filing a claim with the trucking company’s insurance, it is essential to gather all necessary information and documentation. This includes:

• Gathering all relevant documents, including police reports, medical records, and witness statements.
  
• Reviewing the insurance policy to grasp the coverage and limitations.
  
• Determining the correct insurance company to file the claim with, as there may be multiple parties involved.
  
• Being prepared to provide detailed information about the accident, including the circumstances leading up to the crash and the injuries you sustained.

You don’t have to do this yourself if you have a lawyer. Without one, you must do all of these tasks on your own while you’re recovering from your injuries. It can be easy to make a mistake or trust something the insurer says that could make you settle before you’re ready.

Dealing With Insurance Adjusters and Their Tactics

When you file a claim with the trucking company’s insurance, you can expect their adjusters to reach out to you soon after. Their primary goal is to minimize the payout, and they’ll use various insurance strategies to achieve this. They are trained to save the insurance company money, not to ensure you receive fair compensation.

Insurance adjusters employ several tactics to reduce the settlement amount. These tactics include:

• Making lowball offers to settle your claim quickly and cheaply
  
• Requesting unnecessary documentation to overwhelm and frustrate you
  
• Denying liability or shifting the blame to avoid paying out
  
• Trying to get you to make a recorded statement that can be used against you later

It’s essential to have a reputable attorney, like J&Y Law, who can handle filing a delivery truck accident claim so you can get fair compensation with minimal hassle. They’ll anticipate and counter these tactics so you can focus on your recovery. 

Work With Our Lawyers to File a Delivery Truck Accident Claim

Receiving fair compensation for delivery truck accident injuries requires working with an experienced lawyer who understands the complexities of these cases. At J&Y Law, our team of lawyers is ready to support you.

With 60 years of combined legal experience, we have secured tens of millions of dollars in compensation for our clients, demonstrating our ability to handle these types of cases effectively.

To discuss your case with us, contact J&Y Law now for a free consultation. We’ll help you file a delivery truck accident claim for the proper value you are owed.