Should I Send a Demand Letter If a Commercial Truck Driver Hits My Car?
February 28, 2019 | Truck Accidents
After a commercial truck accident, a demand letter can be used to recover damages from the negligent truck driver. If you are injured in the accident or sustained significant financial damages, you could be eligible to recover economic and non-economic damages from the crash. If you are unsure of whether you should send a demand letter after a commercial truck driver hits your car, you should consult an attorney to discuss your case and explore the options available for recovering compensation.
Should I Send a Demand Letter If I’m At-Fault for a Commercial Truck Driver Hitting My Car?
One of the most challenging things to determine in an accident is a fault. It might be easy to assume that the commercial truck driver caused the accident, but in some truck accidents, the passenger vehicle occupant is liable. If you are at fault in an accident, you might not want to take the time to submit a demand letter; however, if the other driver is responsible for the crash, you should submit a demand letter as soon as possible. This is where your attorney comes in. Your experienced attorney can file an insurance claim accompanied by your demand letter to recover compensation from the other driver. Demand letters typically include the damages you are claiming, the reasons why you are eligible to recover compensation, and significant evidence from the crash to support your claim.
What to Include in a Demand Letter Against a Commercial Truck Driver
The average commercial truck weighs roughly 80,000 pounds with cargo attached. The sheer size of a truck can cause severe injuries to a passenger vehicle occupant on impact, or cause a fatality considering they are 20-40 times larger than the average motor vehicle. If you have been hit by a commercial truck driver, your demand letter should include:
- Medical expenses from the crash – medical bills, medical accessories, and other medical expenses that arose because of the accident
- Lost wages – if you are injured in a commercial truck accident, you might have missed work because of your injuries. Lost wages that you experienced because of the crash are eligible for reimbursement
- Pain and suffering – injuries can be accompanied by mental, emotional, or physical distress, which should be included in your demand letter
- Property damage – if your vehicle is damaged in the accident, you could be reimbursed for repairs or the amount of your vehicle (whichever is less)
- Loss of affection – when a spouse is injured and has had a traumatic experience, this can cause stress and negative side effects in a relationship. If your spouse feels that your injuries have affected the level of intimacy in your relationship, they are eligible to claim loss of affection, or ‘loss of consortium‘ from the accident
Commercial truck accidents can be traumatizing, trigger anxiety, and cause victims to think irrationally for a period after the crash. It’s essential to stay calm and have an experienced lawyer help you write a demand letter for your injuries and financial damages from the accident. Your lawyer will ensure that you are claiming the right damages, your claim is well-supported, and the best results possible are produced for your case. If your demand letter is written without a lawyer, you risk accepting a lower settlement or not recovering damages at all.
Filing An Insurance Claim Against a Commercial Truck Driver That Hit Your Car
Similar to a demand letter, it’s necessary to file an insurance claim with a lawyer for a commercial truck accident to recover the maximum amount of compensation possible. Your lawyer can ensure that your claim includes all the elements it needs plus make sure that your rights are protected during this time. Insurance claims typically include a demand letter and supporting evidence from the scene of the accident. The truck driver’s insurance company will try and get you to accept the lowest settlement possible and pin blame for the accident on you. For example, with a case that is worth $200,000, a non-represented victim could accept $50,000 for the same case due to not knowing the value of their case. If you are in a commercial truck accident, it’s essential to have a lawyer involved with each step of the process to protect your rights and the details of your case.
Consult a Lawyer About Your Case Today
If you are injured in a commercial truck accident, a well-written demand letter can help you recover the most compensation from the negligent truck driver. The key to recovering the most damages from an accident is negotiation and mediation by your experienced lawyer. If you need help determining if you should send a demand letter after a commercial truck hit your car, contact the Dixon Injury Firm today to discuss your case.