While the outcome may be the same there are going to be some differences in how vehicle accidents involving a big rig are handled. The accident investigation by law enforcement will not necessarily change, but there may be some dispute about how the accident occurred and how the damages are calculated when seeking compensatory damages. To begin with, there will be a minimum of three potential defendants involved and by contacting a truck accident lawyer you have a better chance of winning all of the compensation to which you are entitled.
The most obvious party to any legal action would be the driver who, if responsible for the accident, was likely cited by law enforcement for violating a traffic law that led to the accident. Secondly, the company for which they worked can also be held as responsible for the accident in many regards such as insuring the vehicle was safe for highway use and that the drivers they employ have a safe driving record. Lastly would be the insurance company covering the insurance company that would be responsible for making payments for any damages or injuries caused by the insured's drivers.
In some instances where there is a question of responsibility, the victim may have to wait until the initial traffic case is resolved in the courts. While many people cited for moving violations can pay their fines through the mail, in most states if their action resulted in an accident they are required to appear in the court. Once the driver has been found guilty of the violation that caused the accident, most reasonable people might believe there is no reason for the insurance company to pay damage claims.
However, many insurance companies do not rely on the police reports and court actions in their findings of fault for an accident. Insurance company investigators can conduct interviews with all parties involved in an accident and make their own determination of fault, regardless of the outcome of law enforcement's investigation and any court action taken against the offending driver. In these situations, a truck accident lawyer will need to be involved in settling the claim for the injured victim.
When situations such as this occur, the attorney will attempt to reason with the insurance company before filing a lawsuit in civil court. Stating the facts of the case that the driver was found guilty in court of a violation leading to the accident, the truck accident lawyer will then attempt to negotiate with the insurance company. Many times, filing the suit naming all three parties as defendants will lead the driver or the company to want to settle the legal action and direct the insurance company to pay fair compensation.
When that fails, the truck accident lawyer will recommend taking the case to court where they can choose the case be heard by either a judge or a jury to collect any damages to which the injured driver is entitled to receive. Victims of an accident in which the insurance company denies compensation do not have to take their word is final and use a truck accident lawyer to help them understand their responsibility for just compensation.
