Making a legal decision based on half-truths and false information can lead to catastrophic outcomes. Misguided actions can be ineffective and harmful to your insurance claim. It would be a shame if unintended consequences blocked you from the financial compensation you deserve.
At Hauptman, O’Brien, Wolf, & Lathrop, our priority is protecting the rights and best interests of those injured in Nebraska and Iowa. By revealing the truth about common truck accident myths, we hope to help you achieve a healthy recovery and a fair settlement.
Learn what myths might be hindering your case. Contact our personal injury team today at (402) 241-5020 to schedule your free consultation.
Myth #1: Insurance Will Take Care of Everything
How do insurance companies generate profit? Most charge customers for insurance coverage and then reinvest the money into other money-making assets, such as treasury bonds, corporate bonds, or interest-bearing assets. Paying top dollar for truck accident claims is not likely to be their prime concern.
Still, policyholders and beneficiaries are often surprised to receive settlements far lower than expected. Insufficient payouts can cause you to neglect future medical treatment or force you to return to work before fully recovering. Even if insurers pay your claim, you might miss out on money.
Avoid being pressured into a lowball settlement by hiring an attorney. Personal injury lawyers can investigate your claim and negotiate for maximum compensation. They can also take legal action to recover funds from the at-fault party if coverage limits don’t fully account for your losses.
Myth #2: Workers’ Compensation Is My Only Hope
Workers’ compensation could protect the parties on both sides of a truck accident. If you are a trucker, your work injuries could entitle you to workers’ compensation benefits even if you were at fault. On the other hand, if a truck hit you while you were at work or performing work duties off-site, you could be eligible for benefits.
You might have difficulty qualifying for workers’ compensation benefits if:
- Your employer does not carry insurance
- Your claim is rejected due to an error, insufficient evidence, pre-existing conditions, missed deadlines
- Your employer claims your injury is not work-related
Remain positive if your workers’ comp claim gets denied. A lawyer can review your case and help you appeal unfair decisions.
A truck accident attorney can determine whether someone else’s negligence caused your injury. If it did, you might have grounds for a personal injury claim.
Myth #3: Not Much Difference Exists Between Car and Truck Accidents
Have you experienced a car accident in the past? Many people assume that handling a truck accident will be quite similar.
On the contrary, truck and car accidents differ significantly in many ways. Consider a few examples.
Injury severity
Due to commercial trucks’ sheer size and weight, physical damage is often greater in truck accidents compared to passenger-car crashes. Truck accidents can lead to catastrophic injuries or fatalities, requiring extensive medical treatment and long-term care. Since the economic losses are usually more significant, owner-operators must buy specialized insurance policies.
Insurance coverage
Trucking companies typically carry higher insurance limits due to the potential for severe damage and injury caused by large commercial vehicles, such as:
- Auto liability: Pays for the injuries, legal fees, and property damage suffered by the accident victim up to policy limits
- Excess liability: Provides additional protection when accident damages exceed the liability coverage amount, potentially saving the company from going out of business
- Non-trucking liability: For when drivers are using the vehicle for purposes other than hauling loads
However, assuming that extensive coverage equals larger settlements is a mistake. Insurance adjusters aim to minimize their clients’ liability to save their company funds. The more money you deserve, the more they could potentially lose from their financial gains.
Complexity
Truck accident investigations could involve the trucking company, insurance companies, federal agencies, and other accident victims. Gathering evidence is not simple.
Experienced lawyers know the importance of examining driver logs, maintenance records, and data from the truck’s electronic logging device (ELD). To obtain this vital evidence, they frequently need court intervention to subpoena (formally request) it.
The presence of multiple parties and the complexities of thorough investigations are not the only factors that make truck accidents complex. Please consider the following section to discover the truth behind yet another myth.
Myth #4: The Accident Was Nobody’s Fault
If failing brakes or terrible road conditions cause a truck to lose control, is it the driver’s fault if the rig crashes into another vehicle? Questions like these deserve an answer.
To be a trucker, you must adhere to strict regulations and safety standards. Commercial vehicles must be carefully inspected and maintained regularly. When a truck driver breaks hours-of-service rules or a company ignores mechanical issues, that party may be liable for the damages that resulted from such negligence.
However, a different party might still be responsible for your losses. If a faulty truck part or product causes an accident, you can file a product liability claim. This claim holds the manufacturer, distributor, or seller responsible for the defect that led to the incident.
If a truck accident occurs due to hazardous conditions on someone else’s property (like a poorly maintained loading dock or road with malfunctioning traffic signals), you can file a premises liability claim against the property owner, manager, or contractor responsible for ensuring safe conditions on the premises. A lawyer can evaluate whether a trucking company or one of its employees is directly at fault.
Myth #5: The At-Fault Trucker Is Sure to Lose
A truck hitting your car might be such an incredible event that you think getting compensation will be simple. Your lawyer will negotiate with the at-fault trucker’s insurance company to get you the best settlement. You expect to get your check to cover your medical bills and lost wages with minimum hassle.
However, a huge difference between car accidents and truck collisions is that trucking companies often hire legal teams immediately after a car accident if they don’t already have representation. Why? Besides any compensation the company has to pay, their reputation and livelihood are also on the line.
Trucking companies can receive negative consequences like those listed below if their actions are found to be negligent:
- Loss of trust: Customers may lose trust in the company, leading to decreased sales and revenue
- Damaged image: Negative publicity can tarnish the company’s reputation, affecting its brand value and market standing
- Legal consequences: Negligence could result in lawsuits, fines, or regulatory penalties, decreasing their financial stability
- Employee morale decline: Internal morale may suffer due to public scrutiny, affecting productivity and employee retention rates
- Stakeholder discontent: Shareholders, investors, and partners may express dissatisfaction, resulting in lost investments or partnership dissolution
No wonder dealing with a trucking company often presents unexpected obstacles. Besides the complex and time-consuming procedures, the trucking company might strongly resist all your efforts to cooperate – to avoid backlash.
Truckers have too much at stake to go down without a fight. They might even deny their role in the collision.
Why go against their teams of lawyers alone? Get the assistance of personal injury lawyers to ensure your rights are protected.
Contact Trustworthy Allies in Iowa and Nebraska
Trust is everything when it comes to motor vehicle accidents. You need reliable legal guidance on which to base your decisions.
Hauptman, O’Brien, Wolf & Lathrop can be your dependable ally. You can count on us to guide you through your legal challenges with skill and care.
A free consultation with our legal team can help you understand your truck accident claim and the personal injury rights that protect you. Call us today at any of our offices in Omaha, South Omaha, and Bellevue.
