If you were in an accident and the truck driver did not have valid insurance, there are other options for pursuing compensation. Even if the driver was not insured, their employer is likely to be—the trucking industry is highly regulated, and trucking companies must have insurance.
If the trucking company’s insurance provider does not cover your damages, you may have yet more options to exercise. You may sue the truck driver, sue the trucking company, and evaluate any uninsured/underinsured (UM/UIM) coverage you have. As you can see, the post-accident pursuit of compensation can be complex. Consider hiring a Chandler truck accident lawyer to pursue money for you, as this will let you focus on you (and your recovery).
Uninsured Truck Drivers Are Rare—But They Exist. Strategies Your Lawyer May Use to Seek Compensation After Your Accident.
There are a few reasons why a truck driver might not have valid insurance at the time of an accident. They may have lost track of their insurance status or wilfully driven without insurance. Whatever the explanation is for the truck driver’s lack of insurance, the facts are that:
- The driver acted illegally (and negligently) by operating their truck without insurance
- You will have to seek the compensation you deserve despite the truck driver’s lack of insurance
- You may benefit from having a lawyer navigate your case, which can prove to be quite complicated
Your lawyer will weigh all available strategies for seeking the compensation you deserve.
Most Trucking Companies Have Insurance Coverage (and Your Lawyer May Access It)
Uninsured motorists are a significant hazard to other drivers in Arizona. When the uninsured motorist is a truck driver, the accident victim may have caught a break—if the trucker lacks insurance, there’s a significant chance their employer has it.
Your lawyer will:
- Contact the insurance company, if necessary, to identify their insurance provider
- Oversee all communications with the trucking company’s insurer
- Obtain a copy of any applicable policies
- File a claim with the trucking company’s insurer on your behalf if it’s the strategy you choose to pursue
Because trucks can cause devastating damage, trucking companies typically have insurance policies with high coverage limits. This means that filing an insurance claim with the trucking company’s insurance provider can be a fitting strategy for your case.
Your Own Policy May Cover Some of Your Losses
Uninsured and underinsured motorist (UM/UIM) coverage is available to motorists in Arizona. This coverage exists for circumstances like yours—when a motorist who lacks adequate insurance hits someone.
Your truck accident lawyer will evaluate your insurance coverage. They will determine whether you have UM/UIM coverage, examine the details of that coverage, and help decide if a claim with your insurer is worth the effort.
Truck Accident Victims Can Also Sue Liable Parties
Even if a truck driver was insured, the accident victim may be eligible to sue liable parties. When truck drivers are uninsured, they are directly exposed to a lawsuit—they have no insurance policy or provider insulating them from financial liability.
Depending on the details of your truck accident, you may be eligible to sue:
- The at-fault truck driver
- Their employer (the trucking company)
- Any municipality that exposed you to dangerous driving conditions (and ultimately contributed to the accident)
- Any manufacturer who produced a defective vehicle or part that contributed to your accident
In advising you whether you should file a lawsuit, your lawyer will weigh all relevant information—from the financial value of your damages to the coverage limits on insurance policies.
Your Case Will Come with Challenges, So Seriously Consider Accepting a Lawyer’s Help
Nobody has to hire a lawyer after a truck accident. That being said, after you understand the potential challenges ahead and the ways in which a lawyer can help, you may decide that working with an attorney makes all the sense in the world.
Challenges That Truck Accident Survivors May Face
It’s helpful to be aware of the potential challenges that may lie ahead. This way, you can make an informed decision about whether to hire a truck accident lawyer.
Some of the more difficult aspects of your truck accident case may include:
- Pinpointing the right case strategy: With several possible options available to you, it’s important that you identify the case strategy most suited to your circumstances. Your lawyer’s case experience, familiarity with insurance claims and lawsuits, and instincts may help do so.
- Securing evidence from the trucking company: Many trucks and other motor vehicles have built-in event data recorders (EDRs), also known as black boxes. Data from a truck’s black box may contain important insights into the accident. Your lawyer may secure this and other data from the trucking company, which may require legal action.
- Dealing with insurance companies’ bad faith: If you have dealt with insurance companies, you might know that they don’t always handle claims in good faith. When a claimant receives a payment from an insurer, the insurer loses money. Your lawyer will, therefore, be ready for liable insurance companies to fight your claim—whether by denying, lowballing, delaying, or engaging in other tactics.
- Winning: Of course, succeeding in your case is the greatest challenge of all. Your attorney will use their resources, experience, legal training, knowledge, and team to fight for your desired financial outcome.
Ways That a Lawyer Can Help You Overcome These Challenges
An experienced lawyer can be the ideal person to succeed in your truck accident case. Some specific reasons why an attorney may be most qualified to lead your case include:
- Their familiarity with the law and insurance rules, which apply directly to truck accident cases
- Their team, which may include paralegals, case managers, and investigators
- Their resources, which may include deep pockets with which to build the strongest case they can
- Their time and energy, which are two of the most potent assets a truck accident lawyer offers you
Uncoincidentally, many truck accident victims have very little time and energy to dedicate to their case. You may also be facing immense financial stress. These alone are good reasons to consider hiring a truck accident attorney to represent you.
What Truck Accident Lawyers Do for Their Clients When the Driver Is Uninsured
You may be shocked by just how much your lawyer does for you. Many truck accident victims do not realize how complicated their cases are—not until they see their lawyer handling a stable of responsibilities that may include:
Documenting the Accident, Including the Direct Cause
Your accident is the event that will prompt your case. It’s important, and your lawyer will need to determine:
- The details of how vehicles collided
- Why the accident happened, including whose negligence led to the wreck
- Who is at fault
- What injuries resulted from the collision
Proving fault is one of the primary reasons for investigating the truck accident. Your lawyer will use all relevant evidence—witness statements, black-box data, video footage, and anything else—to prove who caused the accident.
Securing Evidence of the Victim’s Accident-Related Damages
Each person hit by a truck has different wounds, financial losses, and psychological and emotional responses. Your attorney will hear your story and investigate your damages, and they may prove the cost of your accident with:
- Medical images
- Any records detailing injuries, symptoms, treatments, and other relevant medical information
- Medical bills
- Testimony from medical experts about the physical challenges you face after the collision
- Bills for vehicle repairs, temporary transportation, replacement of a totaled vehicle, and any other costs associated with damaged property
Your attorney may also use bank statements, employment records, and other documentation to prove any professional harm stemming from your accident.
Seeking a Settlement from the Insurance Companies (and Fighting for You)
Attorneys have repeatable methods for calculating the cost of a truck accident. From totaling the cost of medical bills to using the per-diem and multiplier methods to calculate pain and suffering, your attorney will determine the precise financial value of each of your damages.
When your attorney knows how much money you are entitled to, they can fight for a fair settlement. Whether or not they secure a fair settlement offer may depend in large part on whether insurance companies approach your claim in good faith.
Filing a Lawsuit for You (with Your Go-Ahead)
You and your truck accident lawyer will have a constant dialogue throughout your case. If filing a lawsuit is a strategy worth considering, your attorney will initiate that conversation—or you can ask about it if you’d like.
There are many possible reasons to file a truck accident lawsuit, which may include:
- A lack of insurance coverage—a driver’s lack of insurance can eventually lead you to sue
- Low coverage limits—if the cost of accident-related damages exceeds coverage limits, this can contribute to the decision to file a lawsuit
- Resistance from insurance companies—if liable insurance companies deny your claim, undervalue your losses, provide only lowball offers, or engage in other bad-faith strategies, your best decision may be to sue liable parties
Your lawyer will equip you with the information and perspective you need to make the right decisions for you. Whether the decision is to accept an insurance settlement or sue liable parties, trust your lawyer to position you for success.
Re-Opening Settlement Negotiations
If you choose to sue, that’s not necessarily the end of settlement talks. In fact, notice of a lawsuit may be just what liable parties need to take your case seriously.
Your attorney will be prepared to continue negotiations after filing suit, and they can secure an offer you are worthy of.
Going to Trial
Some truck accident lawsuits end up in court. Despite presenting compelling arguments and making an effort to file a suit, a lawyer cannot force liable parties to pay the accident victim fairly. If this proves true, your attorney should proceed to trial.
No Two Accidents, Clients, or Cases Are Identical. How Your Lawyer Will Personalize Their Approach.
When you hire someone to fight for you, it helps if they truly know you. This is why capable truck accident lawyers tailor-make their strategies to fit each client and can do this by:
- Letting you speak: The best way to learn what clients need is to speak with them. Your lawyer will listen to your story first.
- Finding out your goals: Some people hire a lawyer because they want a quick but fair resolution to their case. Others want to hold negligent parties accountable, seeking maximum compensation even if it means years of legal processes. Your lawyer will determine your goals to build a strategy that fits you.
- Consistently soliciting your feedback: Your lawyer will keep lines of communication open throughout your case. This will allow you to remain in lockstep at every turn of your claim or lawsuit.
When you hire a lawyer, you have someone to provide legal services. The most accomplished truck accident lawyers, though, connect with their clients on a personal level. Expect personalized, authentic representation when you work with an attorney.
Truck Accidents Can Be Devastating. Your Lawyer Will Identify Your Damages.
Trucks far outweigh most other vehicles on the road. There is a substantial difference between being hit by a Tesla Coup or even a pickup and being struck by an industrial truck—the difference is thousands of pounds of force.
Truck collisions are known to cause severe damages, which can include:
- Medical costs, which generally increase with the severity of the victim’s injuries
- Pain and suffering
- Vehicle damage (which can require the replacement of a totaled vehicle)
- Professional harm
- Disabilities
- Wrongful deaths
No damage is too minor for your truck accident attorney to demand compensation for.
Hire a Truck Accident Lawyer as Soon as You Can (They May Be on the Clock)
Arizona law generally requires Chandler personal injury attorneys to submit their claims before a filing deadline expires. Allow your lawyer the time they need to prepare your case.
If you have suffered an injury in a trucking accident with an uninsured truck driver, now is the best time to find your injury accident attorney. Consultations are generally free, so get to know prospective firms by reaching out to them.