Filing a car insurance claim should not be an exercise in frustration. However, far too many auto insurance companies exploit the problems faced by claimants when seeking compensation. After you get involved in a car crash, you should follow a series of steps that help you receive the compensation you deserve.
First, you should call 911 followed by moving your automobile into a safe zone. Then, gathering physical evidence and speaking with witnesses provides you with the information you need to file a successful car insurance claim. If you sustained serious enough injuries, a trip to the nearest healthcare facility leads to the diagnosis and treatment of your injuries. The most important step to take after a car accident involves contacting an experienced auto collision lawyer. Getting legal support helps you resolve five common problems that are associated with an auto collision. Gathering Evidence Getting involved in a car accident can overwhelm you, especially if you have to deal with one or more injuries. The rapid flow of thoughts might make you forget to look for physical evidence and/or speak to witnesses that confirm what transpired before, during, and after the car accident. An experienced car accident attorney from Schiff & Associates immediately accesses the official police report to review physical evidence, as well as obtain the names and contact information of witnesses. Gathering evidence helps your lawyer determine the cause of the crash, which can help resolve the next problem on our list. Proving Negligence To win a civil lawsuit that seeks monetary damages, your car accident attorney must show the judge hearing your case the presence of the four elements of negligence. First, your lawyer must demonstrate the other party owed you a duty of care to protect you against harm. Second, your attorney must submit persuasive evidence that establishes a violation of the duty of care doctrine. Third, the crash must have caused you to sustain injuries. Finally, you must have generated financial losses to become eligible for compensation. Calculating a Fair Value for Compensation Calculating a fair value for compensation seems like a straightforward process. All it appears that you have to do is add up the bills associated with your case. However, many auto accidents trigger mental and emotional issues such as acute anxiety that makes it difficult to assign a price tag. Hiring one of the proven car accident lawyers from Schiff & Associates ensures you receive compensation for non-monetary damages, such as the value of compensation for living with the symptoms of Post-Traumatic Stress Disorder (PTSD). Negotiating a Settlement An insurance adjuster and/or the lawyer representing the other party might want to negotiate a settlement to avoid the costly and lengthy litigation process. Negotiating a settlement requires the legal expertise of an experienced car accident attorney. You resolve the negotiation problem by receiving legal support that ensures you receive what you deserve in compensation. Your lawyer submits an initial offer, which the other party either accepts or rejects. If the other party rejects your initial offer, you might receive a counteroffer or a formal letter that requests you to move on to the next step in the process. Filing a Civil Lawsuit Without the legal support provided by an experienced car accident attorney from Schiff & Associates, you cannot expect to resolve the issues that arise by filing a civil lawsuit that seeks monetary damages. A car accident attorney interacts with the judge and the other party’s legal representative, as well as files your civil lawsuit before the expiration of the statute of limitations. Each state sets the deadline for filing a personal injury lawsuit, with most states establishing the statute of limitations between two and four years.
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If you have experienced the aftermath of a car accident, you understand that a legal case can get complex quickly. From a lack of physical evidence to confusing insurance jargon, you can get bogged down in a car accident case for months on end. Although car accident cases often turn into complicated legal messes, they do not compare in complexity to the complex issues that arise from a commercial truck accident case.
Why Are Commercial Truck Accidents More Complex Than Car Accidents? Accidents involving commercial trucks represent some of the most devastating accidents that occur on American roads and highways. Victims of a commercial truck accident frequently develop severe, even life-threatening injuries as a result of colliding with a massively sized commercial truck. In addition, truck accident insurance claims typically introduce many more complex factors than the insurance claims filed for other types of motor vehicle accidents. Damages and Injuries The sheer size and weight of a commercial truck cause more property damages and serious injuries than any other type of auto accident. Determining the extent of property damage and serious injuries requires a much more thorough investigation that introduces complex legal and insurance issues. The more serious the injuries and the higher the value of property damages, the more complex the commercial truck accident case. Liability Liability boils down to ownership, which varies among the drivers of commercial trucks. Although most truck drivers are considered owners/operators of their vehicles, a substantial percentage of commercial truck drivers operate big rigs that are owned by a company. Legal and insurance issues concerning liability become even more complex if a truck driver operates an 18-wheeler to haul loads for another party. Since ownership is often difficult to ascertain, a truck accident case can create issues that make it difficult to determine the liable party. Liability also is problematic because the type of cargo can make a truck driver not liable for causing a collision. Laws and Regulations Truck drivers must follow more laws and regulations than the average driver. For example, truck drivers cannot operate a big rig for more than a certain number of hours a day. A truck driver who exceeds the maximum number of operating hours and then causes a commercial truck accident might be guilty of operating a commercial truck while fatigued. Due to a large number of laws and regulations, discovering fault in a commercial truck accident case generates several complex legal and insurance issues. State Laws Although the United States Department of Transportation issues the regulations for operating a commercial truck, each of the 50 states has implemented laws that vary in the types and strength of regulations. The actions taken by a commercial truck driver in one state might produce different legal and insurance ramifications for the same actions taken in another state. Truck Data Many truck drivers carry a black box that records a wide variety of data, such as the different speeds traveled throughout the day. The data recovered from a truck’s black box helps investigators determine the cause of a commercial truck crash. However, any discrepancies between the data recovered from a black box and the physical evidence gathered at the scene can turn a relatively easy commercial truck accident case into a difficult case to resolve. If you sustained one or more injuries as the result of a truck accident, you should act with a sense of urgency by contacting an experienced truck accident lawyer to schedule a meeting to discuss your case. Most truck accident attorneys offer a free case evaluation for potential clients to discuss their cases. During the first meeting with a truck accident attorney, the lawyer reviews your case to determine what type of action to take, which can include filing a civil lawsuit that seeks monetary damages.
The attorney reads the official police report of your case, examines the physical evidence collected by the responding law enforcement agency, and interviews witnesses that describe what transpired before, during, and after the truck collision. You learn about how to file a persuasive insurance claim, as well as discuss the steps required to take legal action to recover the financial losses generated by the truck accident. Toward the end of the first meeting with a truck accident attorney, you get the opportunity to ask questions to help you decide whether the lawyer sitting across from you is the right one to handle your case. What Type of Questions Should I Ask the Truck Accident Attorney? The questions that you ask a truck accident lawyer can determine the direction you take for your case. You should ask questions that pertain to the attorney’s legal background, as well as clarify how the lawyer approaches handling truck accident cases that result in a victim sustaining one or more injuries. You also should ask questions that explain the legal process, as well as educate you on what you need to do to boosting the strength of your case. Here are the top five questions to ask a truck accident attorney: Do You Specialize in Handling Truck Accident Cases? Personal injury lawyers typically specialize in one, maybe two areas of personal injury law. You want to determine whether the attorney sitting across from you specializes in handling truck accident cases. Truck accident laws vary from other types of personal injury cases such as medical malpractice and premises liability. Although case and truck accident cases share many similarities, there are enough legal differences to require a truck accident attorney to handle your case. Do You Work on a Contingency Fee Basis? Hiring a truck accident attorney can cost a considerable amount of money, especially if a lawyer charges clients for legal services by the hour. You want to hire an attorney who operates on a contingency fee basis, which means the lawyer gets paid when you receive compensation from an insurance company and/or a personal injury lawsuit that seeks monetary damages. Truck accident attorneys who charge on a contingency fee basis receive a percentage of a client’s compensation. Will You Work on My Case from Start to Finish? The truck accident attorney that you meet for an initial consultation might not be the same attorney who helps you file an insurance claim and/or a personal injury lawsuit. You want to avoid hiring a truck accident lawyer who meets with you for an initial consultation, only to delegate legal responsibilities to a paralegal or a less experienced litigator. Do You Negotiate Settlements? Your goal as a victim of a truck accident is to receive compensation in the least amount of time. You can accomplish this goal if your truck accident attorney is willing to negotiate a settlement with the insurance company processing your claim, as well as the defendant in a civil case. How Much Time Do I Have to File a Personal Injury Lawsuit? Each state has established a deadline to file a personal injury lawsuit. Although most states have set the statute of limitations to take legal action between two and four years, other states have set the deadline for filing a personal injury lawsuit as long as six years or as short as one year. Regardless of the statute of limitations established by the state where you live, you should act with a sense of urgency to recover your financial losses. If you are involved in a truck accident, the first item on your to-do list is to check on the health of everyone involved in the collision. If you sustained one or more injuries as the result of a truck accident, you should seek immediate medical care. If you do not act with a sense of urgency to receive medical care, you might have a difficult time getting an insurance claim approved, as well as winning a legal judgment that awards you compensation. Truck accidents typically require the presence of law enforcement personnel to conduct an investigation that leads to the submission of the official accident report.
Although the cost of medical bills can put you in a deep financial hole, the repairs to your rig can cost as much, if not more than medical expenses such as diagnostic tests, treatment programs, and physical therapy sessions. The Technology and Maintenance Council of the American Trucking Association reported that in the last quarter of 2021, the average cost of labor and parts for truck repairs climbed more than four percent. This means big rig repair is costly unless you have a good truck accident attorney on your side of a legal dispute. Filing an Insurance Claim You have two possible sources of compensation after a truck accident: Filing an insurance claim and a civil lawsuit that seeks monetary damages. Filing an insurance claim requires the legal support of a personal injury lawyer who specializes in handling truck accident cases. An attorney calculates a fair value for compensation, as well as acts as an intermediary between you and the insurance adjuster. Without the legal support of an experienced lawyer, the insurance adjuster might deny a valid claim or approve a claim for much less than what you deserve in compensation. A truck accident attorney also closely monitors the progress of your claim to ensure the insurance adjuster processes it in a timely manner. Types of Compensation for a Civil Lawsuit Paying for the substantial costs associated with rig repair also can come from the monetary damages awarded by a judge hearing a personal injury lawsuit. Judges award economic damages to help plaintiffs pay for the costs associated with medical and truck repair bills. To receive compensation for rig repair, you must submit copies of repair bills for the judge to review. You also might qualify for non-economic damages and punitive damages. Non-economic damages pay for the costs associated with pain and suffering, while punitive damages punish the defendant for committing one or more acts of negligence. File a Personal Injury Lawsuit Rig repair is costly if you do not file a civil lawsuit before the expiration of the statute of limitations. Each state has established a deadline for taking legal action, with most states setting the deadline between two and four years. Although you have plenty of time to take legal action, you should act with a sense of urgency for two important reasons. First, you must pay rig repair bills as they come due. Without receiving compensation from a favorable legal judgment, you can quickly fall into debt. Second, your truck accident attorney needs to interview witnesses as soon as possible after the collision. Witness accounts tend to lose credibility the longer they are given after a personal injury incident.. A commercial truck fully loaded with products can transport more than 80,000 pounds, which gives a standard four-door sedan weighing around 4,000 no chance to withstand the impact delivered by a commercial truck. Data released in 2019 by the National Highway Traffic Safety Administration (NHTSA) demonstrates how much carnage commercial trucks leave behind on our nation’s roads and highways. The NHTSA stated in the 2019 report that more than 5,000 motorists died as the result of a truck accident, with another 160,000 victims sustaining one or more serious injuries.
When you think about a truck accident, your thoughts probably immediately focus on the terrible losses suffered by the victims riding in a passenger car. However, truck drivers also sustain considerable losses as the result of accidents with passenger vehicles that can lead to substantial damage to products. For example, a truck carrying time-sensitive fruits and vegetables that gets sideswiped by a passenger vehicle can suffer tens, if not hundreds of thousands in financial losses. Do truck drivers have the same rights as other motorists when it comes to retaining a truck accident attorney? The answer is yes. As a truck driver, you have the right to recover the financial losses associated with the cost of product damages by hiring an experienced truck accident attorney. A truck accident attorney conducts a thorough investigation that includes interviewing witnesses and gathering physical evidence. Your truck accident attorney also reviews the official police report to determine the cause of the accident, which can lead to the discovery another party committed one or more acts of negligence. What Are the Three Types of Compensation Awarded for Truck Accident Cases?To file a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. Your lawyer must establish that the defendant owed you a duty of care and that the defendant breached the duty of care doctrine. The defendant must have committed one or more negligent acts that caused you to sustain an injury or injuries that resulted in financial losses. Here are the three types of compensation awarded for truck accident cases. Economic Damages Economic damages, which also lawyers refer to as special compensatory damages, cover the tangible costs associated with a truck accident case. Most truck accident cases generate costly medical bills, as well as property damage such as the damage done to a motor vehicle. If you are a trucking company that suffered financial losses as the result of damaged products, you might be able to recover the financial losses by demonstrating another party committed at least one act of negligence. However, filing a civil lawsuit is not the only way to recover the financial losses associated with damaged products. You also can file an insurance claim that requests compensation to cover the costs associated with replacing damaged products. Non-Economic Damages Non-economic damages do not come with a price tag, such as the compensation awarded to replace damaged products. Instead, non-economic damages cover the costs associated with pain and suffering, such as the development of emotional distress issues. Post-Traumatic Stress Disorder (PTSD) represents a common mental health condition that develops after a motor vehicle accident. A truck accident that causes product damage might negatively impact the driver who starts to fear getting behind the wheel of a big rig. Punitive Damages Judges do not award punitive damages to help plaintiffs cover the costs associated with economic and non-economic damages. Instead, judges award punitive damages to punish defendants for committing one or more acts of negligence. Judges also award punitive damages to deter defendants from committing the same acts of negligence in the future. If another party committed an intentional act of negligence that damaged your products, the judge hearing your case might award you a value for punitive damages that exceeds the combined value of economic and non-economic damages. If you have been involved in a highway accident involving a semi truck, also known as an 18-wheeler or a tractor-trailer, you may have incurred devastating injuries or experienced the wrongful death of a loved one. Commercial trucking accidents can turn your world upside down as the people in any other type of vehicle will sustain the most serious injuries or fatalities in accidents involving large commercial trucks. It can feel overwhelming knowing what to do following a serious accident with a large truck.
It is important to take the proper action immediately to receive the compensation that you deserve for your injuries. Commercial trucking companies are covered by large insurance companies who are often quick to respond to the scene of the crash and will immediately try to gather information to discredit your claim. Drivers of semi-trucks are backed by their corporate lawyers and if you have been injured by a semi truck, you need a truck accident lawyer with equal experience who is not afraid to fight for your rights. Schiff & Associates Experienced Truck Accident Lawyer Schiff & Associates understands the devastation following an accident with a large commercial truck. We have over 35 years of experience helping Ohioans get the settlement that they deserve from car accidents, truck accidents, personal injuries or wrongful death. We offer free initial consultation, will prepare your case, gather evidence, negotiate with insurance companies and take your case to court to get the settlement that you deserve. We hold the negligent driver and their company responsible for truck accidents caused by negligence, distracted driving or other reasons. Semi-truck drivers are often fatigued and may fall asleep at the wheel or engage in reckless driving due to fatigue such as speeding or aggressive driving. Schiff & Associates offers a free initial consultation and works for you on a contingency basis, you don’t pay anything unless we make a recovery for you. We have a history of getting our clients the compensation they deserve. Contact us today for trusted legal representation for your car or truck accident from Ohio’s top car accident attorney. Truck accidents leading to wrongful death lawsuits are the most emotionally charged of truck accident claims. They leave the surviving family with a sudden void and create many questions no matter how the accident occurred. Survivors are left to pick up the pieces and wonder how to find some form of justice.
It is important to understand the many complex issues that come up with a serious truck accident, especially one leading to an unfortunate and wrongful death. Here are some facts about these types of truck accident claims and why an experienced wrongful death attorney is necessary: Wrongful Death Cases are Complex Wrongful death cases are extremely complex and the laws vary from state to state. Never take advice from anyone other than an experienced wrongful death attorney in your state. They would be the only person responsible for giving you advice on the wrongful death statutes and case law applicable to your state. Attempting to deal with a wrongful death case without an attorney could, and most likely would, jeopardize the entire case. Evidence Must Quickly be Secured Evidence in these types of cases will quickly disappear if an experienced wrongful death attorney is not involved to secure evidence quickly. Evidence in truck accident cases and wrongful death suits is likely to be lost, destroyed or never found without the involvement of an experienced attorney. Evidence is critical and lost evidence will risk the entire case. Legal Tactics of Trucking Company Lawyers You can count on the trucking company to employ high-priced lawyers to fight your claim. While a wrongful death lawsuit has the potential for a significant settlement, the defense will use any legal tactics necessary to stall the case and limit liability. Only an experienced truck accident attorney or wrongful death lawyer on your side will look out for your best interest. For these many reasons, it is extremely important to talk with an experienced wrongful death attorney right away. If you have experienced a serious accident with a semi-truck or have experienced the loss of a loved one in the state of Ohio, contact Schiff & Associates today. Schiff & Associates offers free initial case evaluations and representation on a contingency basis. You will not pay anything unless we successfully recover compensation for your claim. Contact us for experienced legal representation from a skilled wrongful death attorney in Ohio. If you are involved in a motor vehicle accident, one of the most important things you can do is to stay calm. If anyone is hurt, you need to immediately call an ambulance and always call the police. If the police do not show up, you still need to file a police report as well as to notify your insurance company.
At the scene of the accident, you should try to move the vehicle out of the way if possible and keep yourself and others out of the way of moving traffic. You need to exchange information with the other driver/drivers including names, drivers’ license numbers, phone numbers, addresses, insurance companies, policy numbers and license plate’s numbers. Also you will want to take down the information regarding the vehicle/vehicles involved in the accident including the make, model year and color of the care. Experts recommend that you protect your I.D. and that you do not hand them to another driver or let them photograph your driver’s license. Record the location where the accident occurred and the details of how the accident happened. Use your smart phone to take pictures of the damage to your vehicle and to the other vehicles. If there are witnesses to the accident, you should get a statement from them as well as their names and phone numbers. If you or your family’s injuries are non-critical, seek medical attention as soon as possible. Even if you feel you were not hurt in the accident, it is still a good idea to see your doctor as symptoms may not show up for a few days. Schiff & Associates is an experienced personal injury law firm with a long history of recovering the maximum compensation for our clients for injuries and property damage that occurred as a result of a motor vehicle accident. Please visit our website to learn more. The experienced attorneys at Schiff & Associates have offered the area trusted legal representation in cases of personal injury and wrongful death since 1982. We have a history of getting clients the results they deserve and recognize that financial recovery from an accident is just as important as physical recovery. Call today for information regarding legal services from Columbus, Ohio’s top personal injury lawyer. Rear-end collisions can cause a person to suffer from serious spinal damage and many of these injuries can take months to recover from or result in a permanent disability. They also typically require extensive medical care. Common injuries are hyperextension/hyperflexion (also known as whiplash) as well as myofascial injury, neck sprain or strain and cervical strain or sprain.
When a vehicle is rear-ended and the driver and passenger are taken by surprise, it can often result in more severe injuries as the individuals did not have time to react and stabilize their spine. In these cases, there may be damage to the ligaments rather than just to the muscle. Rear-end accident injuries can result in neck pain and stiffness; broken bones or ribcage; brain injury; a decreased range of motion; dizziness; shoulder, arm or back pain; headaches, facial disfigurement and more. Rear-end collisions are often caused by negligence that may be the result of distracted driving or a person driving while under the influence of drugs or alcohol. The accident may also be caused by aggressive driving that involved excessive speed or tailgating. However you should know that insurance companies are skilled at reducing the claims of injured parties. In fact in Ohio we are a modified comparative negligence state, which means if the insurance company can prove you are completely or partially at fault for the accident, the insurer can reduce the damages it pays you, or pay you nothing at all. This is why if you have been injured in a rear-end collision you need an experienced personal injury lawyer on your side. The attorneys at Schiff & Associates are very experienced at ligating rear-end collision cases and we know how to get the evidence we need to prove negligence. In addition we work with a team of specialists who help us to determine the type of current and future expenses associated with your injuries. Before you talk to the insurer, please give Schiff & Associates a call to set up a free case evaluation and consultation with an experienced motor vehicle accident attorney. The experienced team of Schiff & Associates has offered the area trusted legal representation in cases of personal injury and wrongful death since 1982. We have a history of getting clients the results they deserve and recognize that financial recovery from an accident is just as important as physical recovery. Contact us for more information on expert legal services from Columbus, Ohio’s top personal injury lawyer. We know it can be unsafe to drive if you are feeling drowsy or for long periods of time but it is especially hazardous when the driver is behind the wheel of a large tractor-trailer or commercial truck. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration states that, “Fatigue is the result of physical or mental exertion that impairs performance, and may be due to a lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors.”
In fact The Large Truck Crash Causation Study (LTCCS) reports that 13 percent of commercial motor vehicle (CMV) drivers were considered to have been fatigued at the time of their crash. Furthermore, the FMCSA notes that research shows that being awake for “18 hours is comparable to having a blood alcohol concentration (BAC) of 0.08 percent, which is legally intoxicated and leaves you at equal risk for a crash.” At Schiff & Associates, we have proven that driver fatigue was a factor in many of our cases involving tractor-trailer or truck accidents, and we are ready to help you or a loved one if you suspect you were a victim of such an accident. Our team includes experienced truck accident attorneys as well as an investigator who was a former highway patrolman and we know how to litigate truck driver liability claims and claims against trucking companies to ensure you get the financial compensation you deserve. Once you hire the firm of Schiff & Associates, we move quickly to secure all versions of driver logbooks and truck satellite systems, which may be used to prove violations of safety rules and regulations. As our case results clearly demonstrate, we have a tradition of winning and encourage you to contact Schiff & Associates to allow the experts to determine if negligence was the cause of your accident, and if so, who should pay. Your initial consultation and case evaluation is free and your will not pay any attorney fees or costs until we recover financial compensation. The experienced attorneys at Schiff & Associates have offered the area trusted legal representation in cases of personal injury and wrongful death since 1982. We have a history of getting clients the results they deserve and recognize that financial recovery from an accident is just as important as physical recovery. Call today for information regarding legal services from Columbus, Ohio’s top personal injury lawyer. Source: fmcsa.dot.gov/safety/driver-safety/cmv-driving-tips-driver-fatigue |
AuthorSince 1982, the attorneys of Schiff & Associates have provided our clients with quality legal representation in cases of personal injury and wrongful death. Our clients benefit from the combined skills of a powerful legal team. Archives
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