If you have been seriously injured in an accident involving a commercial truck, you may be entitled to seek compensation if someone else’s negligent actions caused your injuries.
The injury claims process can be complicated. Getting a fair settlement for your injuries is much more challenging than most people realize. Insurance companies are looking out for their own interests and will pay as little as possible to settle a claim. If you attempt to handle the claim on your own, you could end up without the money you need to cover your accident expenses and losses.
At Craig, Kelley & Faultless LLC, we understand how overwhelming the aftermath of a collision with a large truck can be. Tractor-trailer accidents are often violent and disruptive. They can cause life-changing injuries, significant property damage, and even death. Unfortunately, these crashes are not uncommon. According to statistics from the Insurance Institute for Highway Safety, around 11 percent of traffic-related fatalities involve large trucks.
You do not have to handle a truck accident injury claim on your own. Our St. Louis truck accident lawyers have represented victims of truck accidents for more than two decades. We can guide you through every step of the truck accident settlement process. We will be prepared to fight for your rights in court if the insurer refuses to agree to a fair settlement.
To learn whether you have a valid injury claim and what Craig, Kelley & Faultless LLC can do to help, contact us online or call us at (314) 367-2661 for a free consultation.
St. Louis, Missouri Truck Accident Settlement Timeline
It takes time to settle a case after a truck accident. Truck accident cases are complex and may involve several parties that own the tractor, the trailer, and the cargo being transported. Multiple insurance companies may be involved.
Below are the main steps involved in settling a truck accident case.
Investigating the Accident
The aftermath of a serious truck wreck involves multiple investigations. The law enforcement agency that responds to the accident scene will conduct the initial accident investigation. The investigating officer will collect the names of those involved, their vehicle registration, and insurance information. The officer may speak to witnesses to get their view on how the accident occurred and will write an accident report that describes what happened. The officer may indicate who they believe caused the accident or issue a traffic citation. For example, if the truck driver was speeding, the officer might write a ticket and include that in the report.
Insurance adjusters will investigate the accident.
Gathering Evidence
The truck accident attorney who represents you will also investigate the truck accident. We will seek evidence to show fault and prove that you are entitled to financial compensation.
The evidence we seek in truck accident cases includes:
- Police reports
- Statements from eyewitnesses
- Accident scene photos
- Event data recorder from the truck
- Logs from electronic logging devices or logbooks
- Trucker’s driving record
- Trucking company’s driver training history
- Truck maintenance records
- Weigh station records
- Dispatch reports
- Loading dock documentation
- Your medical records and bills
- Traffic camera footage
- Blood alcohol concentration of the truck driver
Determining Fault
Many times, a dispute arises over who should be financially liable for an accident. Law enforcement might state the truck driver caused the crash. But the insurance company representing the truck driver may deny liability and contend that you were at fault.
It’s important to have a knowledgeable truck accident attorney represent you in dealings with insurance companies. At Craig, Kelley & Faultless LLC, we will leverage the strength of our knowledge and resources to determine if the truck driver, trucking company, or another party is responsible for your injuries.
Filing a Claim
Once we gather evidence and conclude someone else caused the crash, we can file a claim on your behalf with the at-fault party’s insurance carrier.
The Federal Motor Carrier Safety Administration as well as Missouri state law require motor carriers to maintain a certain amount of liability insurance coverage for their drivers. The settlement amount available will depend in part on the liability limit listed on the policy. In some accidents, multiple insurance policies may be available to provide compensation.
Negotiating a Settlement
At Craig, Kelley & Faultless LLC, we have experience negotiating insurance settlements. The negotiations may begin after we submit the evidence we find and demand a specific amount of money to cover your losses. In some situations, settlement negotiations don’t begin until a case is ready to go to trial.
Settlement negotiations may take weeks or months. The insurance company might try to find reasons to deny your claim or pressure you to accept a low amount.
Filing a Lawsuit
Some cases settle during the insurance claims process. However, we might need to file a lawsuit against the negligent truck driver or another party if their insurance company refuses to agree to settle for an amount that we believe is fair. If the case goes to trial, we’ll be fully prepared to fight for your rights in front of a judge or jury.
Factors That Impact Truck Accident Settlements
The extent of the compensation you can pursue will depend on the factors related to your case, such as:
- The severity of your injuries
- The evidence showing someone else was at fault for the crash
- Whether your actions contributed to the accident
- The total cost of your medical treatment and other expenses
- The extent of future medical care and home care that you will need
- The amount of insurance liability coverage available from the at-fault party
- The length of time you’re unable to work
- The extent of the damage to your vehicle and other property
What Is the Average Truck Accident Settlement Amount in St. Louis, MO?
Since truck accident cases vary widely in severity and the types of injuries suffered, the settlement you receive will depend on the circumstances unique to your case.
Typically, minor injuries lead to minimal compensation. However, if the crash left you with a permanent injury and you require ongoing medical care, you may have a right to pursue a significant settlement to pay for both present and future treatment.
Typically, the settlement amount will cover various types of compensation, including:
- Present and future medical expenses
- Lost wages while you can’t work
- Loss of future earning capacity
- The extent of home modifications and home care required
- The extent of pain and suffering
- Damaged property
How To Maximize Your Truck Accident Case Value in St. Louis, MO
The lawsuit settlement process may feel like an uphill battle.
Many people are in shock after a truck accident. You may not know what you should do next or how to pursue legal action. However, there are steps you can take following an accident to maximize the value of your case.
Having a knowledgeable and experienced attorney to guide you through the process can make all the difference.
Call 911
While you’re still at the accident scene, call 911 to report the crash and wait for an officer to arrive. The police will investigate the crash and create an accident report. A police accident report will be needed to support an injury claim.
Calling 911 will summon emergency medical services to the scene so they can attend to any injuries.
Seek Ongoing Treatment
One of the biggest mistakes accident victims make is failing to seek medical treatment promptly. Waiting weeks before an initial doctor’s appointment could raise questions about the seriousness of your injuries and negatively affect the outcome of the case.
If you’re not treated at the accident scene or taken to a hospital, see a physician right away to diagnose any injuries you may have. If the doctor recommends follow-up care, follow their instructions. You should keep your follow-up appointments until you recover or reach maximum medical improvement.
Maintain Records
You will need documentation to prove that you suffered an injury and related losses. Keep copies of every medical record, billing statement, doctor’s note, and prescription you receive. You can use all of the information gathered as evidence during your claim to show the extent of your injuries.
Hire a Lawyer
Hiring a lawyer is one of the best decisions you can make following a truck accident. The personal injury attorneys at Craig, Kelley & Faultless LLC know what it takes to investigate complicated truck accidents and gather the evidence needed to build the strongest possible case.
From sending a spoliation letter to the trucking company to preserve all the available evidence in your case to negotiating aggressively with the insurance companies, we’ll work to pursue the full financial recovery you need. When you work with us, we want you to feel confident that you have experienced and dedicated legal representation.
How Proving Fault Can Make or Break Your Settlement
To recover compensation for your financial and personal losses, you must prove that the other party was at fault for the accident. You need evidence to show that the actions or inaction of another person or company contributed to your injuries.
If you can prove the truck driver or another party was negligent and their negligence led to the accident and your injuries, you can demand money to cover your losses, such as medical expenses, lost income, and pain and suffering.
Contact a St. Louis Truck Accident Lawyer
If you sustained an injury in a truck accident caused by another driver’s careless actions, talk to a St. Louis truck accident lawyer at Craig, Kelley & Faultless LLC. We can review all of the legal options available to you and guide you through every step of the injury claim settlement process. Contact us online or call at (314) 367-2661 for your free consultation.
