If you are in a truck accident, chances are good that the question, “should I sue or accept an insurance settlement?” has popped into your head once or twice. Commercial trucks often cause serious injuries and expensive financial damages that can be difficult to recover from. If you are injured in a truck accident, it’s critical to consult a lawyer right away about the details of the crash. An experienced lawyer can protect your rights, determine whether you should sue or accept an insurance settlement for the truck accident, and produce the best results for your case.
Elements of a Truck Accident Case
If the truck driver in your accident is at fault, you could be eligible to recover damages. After a truck accident, it’s essential to collect information from the parties involved and gather evidence from the scene to preserve the details of the crash. Without evidence, it can be impossible to prove who caused the accident in the first place. In some cases, one driver is solely at fault, but in others, there could be multiple parties responsible for the accident.
If you are in a truck accident, you should avoid speaking to the truck driver’s insurance agent and consult an experienced lawyer about your case as soon as possible. If you don’t have a lawyer represent your case, the other party might attempt to pin the blame for the accident on you, or convince you to accept a lower settlement. In 2017, the number of passenger vehicle occupants that died in accidents involving large trucks was more than triple the amount of large truck occupant fatalities. Most truck accidents are preventable and caused by negligent driving behaviors such as speeding, driver fatigue, and operating a truck while under the influence.
When filing an insurance claim for a truck accident, it’s essential to have an experienced lawyer by your side. Most lawyers provide free consultations to make their services more accessible and will create a plan for your case during this meeting. Your attorney will assess the strongest and weakest elements of your case, help you write a strong demand letter, and file an insurance claim against the negligent party. Once you submit a claim to the truck driver’s insurance company, they’ll come back with a starting settlement that is eligible for negotiation. If your attorney thinks that you could recover more compensation by going to court, they can help you file a lawsuit against the negligent party involved.
When Should I Settle a Truck Accident Case?
It can be difficult to recover a satisfactory settlement without legal guidance. The difference between settling with an attorney and without one could be thousands of dollars in missed damages. Accepting an insurance settlement after a truck accident could shorten the time it takes to recover compensation, but the downside is that you might recover more damages by suing. Types of truck accidents where it often makes more sense to negotiate and settle include:
- Accidents where multiple parties are at fault
- Rear-End Accidents
- Chain Reaction Crashes
- Left-Turn Accidents
Should I Sue If I’m In a Truck Accident?
More than 90% of truck accident cases accept an insurance settlement instead of going to trial. Going to court can be expensive and take longer than accepting an insurance settlement. That being said, there are certainly benefits to suing for damages in court. The most common types of truck accident cases that go to court include:
- Cases where both sides can’t agree on who caused the accident
- If someone was injured in the crash and both parties can’t agree on an acceptable amount of reimbursement for injuries
- Accidents where it’s evident that one driver is solely at fault, but their insurance company won’t acknowledge your claim
- Rollover or hit-and-run truck accidents
If you are worried about whether you should sue or accept an insurance settlement, it’s important to be open and honest about your concerns with your lawyer. Your attorney has your case’s best interests at heart and cares about your well-being. If you’re anxious about the outcome of your case, a lawyer can address your concerns and connect you with resources that might help. Additionally, most use a contingency plan so you won’t have to worry about paying for legal services until they recover compensation for your case. If you are ready to take the leap and file an insurance claim or lawsuit after being in a truck accident, contact the Dixon Injury Firm today. Our attorneys can guide your case in the right direction and ensure that the best results are produced for your truck accident case.