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Causes of truck driver negligence may vary, but the result is the same – you were hurt. We’re here to help you get what you need to fully recover and get back to living your very best life.
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Whether your accident happened in Utah or in another state, and whether the truck involved is registered in Utah or another state, our team is here to guide you through the legal process and get you the settlement you deserve.
Answers for you
Truck Driver Negligence FAQs
While every case is different, these frequently asked questions may help shed some light on important aspects of your situation.
Reach out to our team today to discuss the specifics of your case.
#1
Should I accept an initial settlement offer?
Not without speaking to an attorney first. Insurance companies often make low settlement offers, even (and especially) for complex cases that may lead to large required payouts. Some insurance companies are now offering same-day or next-day payment through payment apps like Venmo, PayPal, etc. to entice injured parties to accept quickly and close out any risk of further litigation.
Before accepting any settlement offer, it is imperative that you speak with an attorney first to ensure you’re not accepting something less than what’s fair for your case. Accepted settlements are hard to reverse. Be sure you do not move forward with any offer without consulting a trusted truck accident lawyer first.
#2
What constitutes truck driver negligence, and how is that negligence proven?
Truck driver negligence can include fatigue, extended hours behind the wheel with no rest, driving distracted, driving under the influence of drugs, alcohol and/or other substances, improper lane changes, speeding, and many other factors. Determining the specifics of what caused the accident will help determine who is at fault.
In order to prove negligence in truck accident cases, four aspects of the case have to be established:
- The truck driver and/or trucking company owed you, as another driver or pedestrian, a duty of care
- The truck driver and/or trucking company breached that duty (could be due to negligent driving, a vehicle that wasn’t maintained properly, or other at-fault issues)
- Their breach of that duty caused the accident
- You suffered actual damages
I believe the driver in my case was negligent
#3
If the truck driver is at fault, am I suing that driver personally?
NO, you are not suing the truck driver personally. Many individuals and families hold off or never file suits or claims for truck accidents because they don’t want to go after the truck driver or other individual that may be at fault, worrying that they are causing financial hardship to that person. This often leads to injured parties not receiving a fair or adequate settlement (or any settlement at all), resulting in their own financial hardship.
It’s important to understand two critical things in evaluating whether or not to move forward with a truck accident claim:
- Trucking companies are required by law to insure their vehicles, their loads, and their drivers. These requirements are in place because accidents happen – even when drivers are careful and vehicles are properly maintained.
- These insurance policies are designed to take care of injured parties and protect the trucking company’s owners and the truck driver involved from being personally responsible for damages. When filing a lawsuit for a truck accident, you are in suit with the trucking company’s insurance carrier – not the driver.
You can think of this much like you would a life insurance policy. If you or your spouse passed away after paying life insurance policy premiums, it’s reasonable to assume you would collect the death benefit of that policy. That’s what it’s designed for, and you, as the policy owner, have been paying premiums to ensure those funds are paid out at your or your spouse’s death.
Trucking company accident, negligence, spill and other policies are designed the same way – to cover them, and you, as an injured party, in the event of an accident. You are simply collecting money from a policy that was designed to issue payouts for the qualifying accident you suffered from.
#4
Can I file a claim if I was partially at fault?
It is imperative that you do not admit fault until speaking with an attorney. Even aspects of the accident that may seem like your fault may not be.
That said, the answer is often yes that you can still file a claim if you were partially at fault. While your payout or settlement may be reduced by any portion of the accident that you had a hand in causing, you may still be able to collect damages from the insurance company. It is best to speak with an attorney in detail about the aspects of your case to determine the options available to you.
#5
How is this any different from filing a claim from a regular car accident?
Commercial insurance policies and the data and information trucking companies are required to maintain make truck accident cases very different than regular car accidents that happen between two personally-insured (or uninsured) drivers.
It’s critical that you take your truck accident case seriously and seek qualified legal advice from a truck accident lawyer, as medical and financial ramifications of these accidents can be severe.
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Truck driver negligence cases are serious and can have dire consequences. Get in touch with our team today to ensure your case, and its outcomes, are handled in your favor.