Truck Accident Law: What You Need To Know
By Ty McDuffey, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed November 03, 2023
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Accidents involving trucks, just like any motor vehicle accident, can be frightening. These accidents can cause car accident injuries, damage to your property, and even personal injury to your loved ones. Here's a simple guide on truck accident law to help you understand your rights.
At the Scene of the Accident
If you're in an auto accident, especially with a truck, stay safe! Pull over to the side of the road, away from traffic. Check if anyone has serious injuries. If they do, call for medical attention right away.
After ensuring safety:
- Exchange Information: Share and collect contact information, like phone number and driver's name. Jot down the license plate number and driver's license number of the other motorist.
- Gather Evidence: This means taking photos, writing down what happened, and collecting the insurance information from the other driver. The insurance card should have details, including the policy number.
- Contact Law Enforcement: Even if it's just a fender bender, having a police officer make an accident report can help. Ask for a copy of the police report later.
Contact Your Insurance
After leaving the scene of the accident, contact your own insurance company. If the truck driver was the at-fault driver, their driver's insurance company should cover your costs.
In places like New York, no-fault insurance might mean that each driver's insurance company pays for their own damage, no matter who caused the car crash. It can vary based on state law.
In no-fault states, it doesn't matter who caused the accident. Each driver's own insurance company pays for their insured's own damage and medical bills. So, if a truck hits you, you don't have to prove that the truck driver was at fault to get your insurance company to help you out. Your insurance will cover your car's repairs and your medical treatment, and the truck driver's insurance will do the same for them.
This can make things simpler and quicker because you don't have to wait to figure out who was at fault before getting the money you need to fix your car or go to the doctor. You just file a claim with your own insurance company, and they take care of it.
Understanding Your Claims
The claims process begins when you file an insurance claim. The insurance adjuster reviews it. They might check the accident report, medical bills, and any proof of pain and suffering. Other claim details to watch for include:
- Property Damage vs. Personal Injury: Property damage covers car repairs, while personal injury might cover medical expenses and medical treatment.
- Uninsured Drivers: If the truck driver is uninsured, your insurance coverage might have to step in. This is where personal injury protection can be handy.
Let's dive a bit deeper into the topic of uninsured drivers and personal injury protection.
On the road, if a truck hits your car and the truck driver doesn't have insurance, which means they can't pay for your car's repairs, your own car insurance might step in to cover the costs of repairing your car and any medical bills if you're hurt.
Personal Injury Protection, often called PIP, is a part of your insurance that helps pay for medical bills if you get hurt in a car accident. Even if the truck driver had no insurance, your PIP will make sure you're taken care of but may not cover everything.
In simple terms, while it's not fair for someone to hit your car and not have insurance to fix the damages, you won't be left alone to deal with the problems. Your insurance, especially the PIP part, will be there to help you out.
Getting Legal Help
For bigger accidents, or if the insurance company is not helping, you might need a car accident lawyer. An attorney will help gather evidence, guide you through the car accident claim, and even represent you if your car accident case goes to court.
What They Do
What can this lawyer do for you? Some of their actions may include:
- Help with Claims: After an accident, you might need to ask the insurance company for money to fix your car or pay medical bills. This is called a claim. Sometimes insurance companies can be difficult to work with, and they might not want to give you all the money you deserve. Your lawyer will make sure you get a fair deal.
- Talk to the Insurance Adjuster: An insurance adjuster is a person who decides how much money the insurance company will give you. Your lawyer can talk to the adjuster and negotiate on your behalf.
- Handle the Driver's Insurance Company: If the other driver caused the accident, their insurance should pay. Sometimes, they might not want to. Your lawyer will step in, talk to them, and make sure they pay what they're supposed to.
In short, lawyers help you navigate the confusing world of car accidents and insurance. They know the rules, they have the skills, and they're there to help you get treated fairly.
Conclusion
Accidents are never easy, whether it's a car accident or a more serious truck accident. Knowing your rights, having your insurance information ready, and getting the right legal help can make the process smoother. Always remember, after any auto accident, to stay calm, gather all the required contact information, and seek medical treatment if needed. Stay safe on the roads!
Next Steps
Contact a qualified auto accident attorney to make sure your rights are protected.