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What is the Truck Accident Claim Process?

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By Yosi Yahoudai
Founder and Managing Partner

If you got hurt or a close relative died because of a truck accident, you might need information about the steps you should take to make a claim for money damages for your losses. Most of the process is the same as for any other motor vehicle crash, but there are some aspects that are unique to truck accidents.

You will want to talk to a California personal injury attorney immediately so they can take action to preserve and protect the evidence that could be essential to your claim for compensation. Let’s talk about the question, What is the truck accident claim process?

How Tractor-Trailer Collisions Are Different from Standard Car Crashes

Large trucks have to follow all the rules of the road as the rest of us, but they also have additional laws that control things like how many hours a truck driver is allowed to drive per day and how often the truck operator must take a rest break. The intent of this legislation is to prevent fiery crashes caused by tired, overworked truck drivers who might fall asleep at the wheel or at least have their attention and response time impaired by fatigue.

Both the truck driver and the trucking company have to keep logs and other records to prove that they obeyed the law. Right after a truck accident happens, your personal injury lawyer can send a notice to the trucking company that they should not destroy their records. If the trucking company later claims not to have their records, they can face legal consequences.

What Happens Next When You Work with a Truck Accident Lawyer on Your Truck Accident Claim

You get to relax. Get the medical attention you need and take the time to recuperate. Your personal injury attorney will take care of your injury claim so that you do not have to battle the billion-dollar insurance company. Here is what happens:

  • We get a copy of the accident report from law enforcement.
  • We obtain a copy of the relevant logs and other records from the truck driver and trucking company.
  • We inform the insurer that we represent you on your injury claim, so they should not contact you directly.
  • We reach out to your healthcare providers who treated your wounds and have them send us a copy of your medical bills and treatment records.
  • We talk to witnesses, collect evidence, and complete our investigation of the truck accident.
  • We draft and send a demand letter to the at-fault party’s insurer and let them know how much money is at stake in your claim.

The claims adjuster at the insurance company will likely respond to our demand letter with a counter-offer, and then we will negotiate on your behalf. If the insurer ignores our demand letter, denies liability, or refuses to pay a fair amount for your injury claim, we can file a lawsuit asking the court to decide how much money to award you for your losses. A California personal injury attorney can take care of the truck accident claim process for you so that all you have to worry about is getting better. Our state does not give you much time to take legal action, and if you wait too long, you could lose the right to collect money damages from the negligent party. Contact our office today for legal help, we offer a free consultation.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.