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5 Challenges Victims Face In 18-Wheeler Accident Claims

Thursday, May 26th, 2016

Being injured in an 18-wheeler accident is a very harrowing experience, but an even tougher task is getting the rightful compensation for the time suffered in recuperation.

A high number of truck crashes occur each year. Approximately 95,000 people are injured from 18-wheeler accidents. Many of the victims sustain significant damage to their bodies that require them to file a personal injury claim after a lengthy stay in the hospital. Unfortunately, trucking companies try to pressure victims of 18-wheeler accidents into accepting a quick money settlement offer. Legal representation can help determine whether the victim has enough evidence to warrant a big money payout for the damage caused by a traffic accident with an 18-wheeler.

The following are five challenges commonly faced by crash victims in 18-wheeler accidents.

Being labeled as a negligent driver

The first line of defense from a trucking company is claiming that the injured party was a negligent driver on the road. This type of defense hinges on the victim not being able to afford quality representation that has the necessities needed to fully investigate this complicated case.

The victim’s legal defense must counter these claims and show how the company’s truck driver was negligent on the road instead. Many of these case decisions end up being decided on the amount of personal injury that was sustained. This attorney must show how a truck driver has a legal obligation to obey the rules of the road and operate their 18-wheeler in an appropriate manner. That means driving at a safe speed, exercising awareness and observing traffic signals from others on the road. The plaintiff must show how the other driver breached this duty with evidence from eyewitness accounts, traffic surveillance videos, or an admission of guilt from the truck driver.

Being pressured into accepting a quick money settlement

There is plenty of paperwork involved in this type of personal injury case. For this reason, it’s important for a victim to consult with an attorney before signing their name onto any documents that will forfeit their rights away.

A victim can be repeatedly pressured into accepting a quick money settlement offer before the expenses from a long-term hospital stay can be calculated. Often, the offer will not cover all of the lost income and bills that have accumulated during this period. A victim’s attorney should never allow the opposing counselor to belittle the severity of their client’s injuries. A physician’s testimony should echo their account of the injuries sustained from the accident, and how they are consistent with others from similar 18-wheeler accidents.

Being ignored

Large trucking companies attempt to delay the process by ignoring a victim’s request to meet and negotiate a reasonable settlement. This type of maneuver is an attempt by the trucking company to control the situation and make the victim feel powerless against them. No sufferer should have to feel hopeless in the attempt to get their medical expenses paid. An experienced personal injury attorney can help to advise the best course of action moving forward.

The defendant is a major conglomerate

Injured victims are going against major conglomerates that employ a slew of lawyers, who are paid handsomely for their service. Bullying tactics will come in bunches from the defendant’s high-powered legal team, which cannot faze the plaintiff. The victim’s attorney should develop a solid personal injury case that centers on the pictures taken from the accident site and all injuries sustained by the victim.

Illegal activities can be expected

Sometimes, accidents do occur because of equipment malfunction caused by the failure of the trucking company to properly inspect their vehicles. Never put it past them to hide or doctor legal documents that may show illegal activity involving the safety requirements for their 18-wheelers. Usually, it’s a subtle attempt to hide damaging evidence that might confirm them being responsible for the damages suffered by their victims. In this case, the plaintiff’s attorney will argue the 18-wheeler didn’t meet industry’s standards and shouldn’t have been allowed on the road.

Were you recently in an 18-wheeler accident?

Contact Attorney Dean Boyd for more information on how we can help you with your personal injury claim. Call us today at (806) 242-3333 or Contact Us by email to learn more about our services. You can also visit one of our offices at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas.