Truck accident settlements from the insurance adjuster are often low and don’t count all of the damages you’ve experienced in the same capacity that the court can. If a truck accident was mostly or all of the truck driver’s fault and you’re not getting the insurance settlement you know you deserve, you may consider filing a legal claim.
Discuss your case with top Atlanta truck accident lawyer Mike Rafi in a free, no-obligation consultation. Call 404-948-3311 or send our team a message now.
How Truck Accident Settlements Work
After a truck accident, there are a number of things that need to happen to settle the case, including a truck accident investigation, negotiations and settlement offers, and proving the negligence and fault of the other party.
Investigations
Investigations are a critical part of any truck accident. After 911 is called and the accident is reported to the police, investigation teams, including the police, insurance adjusters, and more will begin to look at all damages, including physical damage and injuries, as well as evidence of any fault.
Since commercial trucks are required to follow Federal Motor Carrier Safety Administration (FMCSA) regulations, investigators will keep a close eye on whether or not any rules or regulations had a part in the accident. A truck driver’s black box or electronic control module (ECM) will be looked into and can help determine the truck’s speed right before the accident, driving activity, brake pressure, and whether or not a seatbelt was worn. Investigators will also examine the truck driver’s other documents, such as weigh-in information or hourly logs.
The trucking company’s insurance adjuster may offer a less-than-satisfactory offer to keep costs low. If this is the case for you, don’t feel pressured to take the settlement – there are other alternatives that can help you get the compensation you deserve.
Also, any injuries need to be taken care of immediately following the accident. Early documentation of injuries is best, especially if the injury ends up worsening and turning into a serious disability or condition.
Settlements: In or Out of Court
It may be tempting to settle for less than the amount of compensation you deserve because it is a quick route to recovering some part of your losses. Negotiations and a court case can take time, but it’s important to utilize these avenues to get the maximum compensation for your damages.
You don’t need to settle for less than you deserve or negotiate with the insurance adjuster on your own. Hiring a truck accident lawyer like Mike Rafi will give you the confidence and experience to navigate your truck accident and get the maximum settlement amount. Mike may first try to negotiate with the trucking company’s insurance adjuster on your behalf to increase the settlement amount. Or, he may decide that a legal claim is the only way to get maximum compensation based on your damages and losses.
It’s important to know that you can only file a legal claim if you are less than 50% at-fault for the accident. Plus, certain claims need to be filed in a specific period of time set by the statute of limitations. Any compensation you receive in a legal settlement will be reduced by the amount that you are found at fault for the accident.
O.C.G.A. § 9-3-33 states that all wrongful death and personal injury cases must be filed within two years from the date of the accident. Personal property damages must be filed within four years, according to O.C.G.A. § 9-3-32. Outside of these time periods, you will likely not be able to receive compensation through legal action.
Proving Negligence and Fault
To win compensation for damages through a legal claim, one must be able to prove the negligence and fault of the truck driver and/or trucking company. Negligence can be intentional or unintentional and is defined as a breach of duty of care.
A truck accident can be caused by a truck driver error, an unqualified truck driver, traffic law violations, violating the rules and regulations set forth by the FMCSA, and more. Georgia’s comparative fault law ensures that as long as the truck driver is more than 50% responsible when determining fault in a truck accident, compensation is possible for the victim. It is common for a truck accident attorney to cite at least one FMCSA violation in a lawsuit. No matter the case, you must prove that the negligence directly caused the injury, death, and/or other related damages.
Get a Free Consultation with a Winning Truck Accident Lawyer
Mike Rafi’s history of success shows his ability to rise to any challenge and win against insurance giants, collecting millions of dollars in compensation for truck accident victims and their families. Let Mike help you figure out the best path to take for your case and get you the maximum settlement for your losses.
Get started moving forward on your case by calling Mike at 404-948-3311 or sending a message to tell us about your case now.