Truck accidents can be overwhelming. Some of those involved are lucky enough to get off with minor injuries; the unlucky ones, however, may be left dealing with mounting medical bills, severe injuries, and the realization that filing a truck accident claim isn’t as straightforward as filing a regular car accident claim.
Truck accidents involve commercial vehicles, which means more potentially liable parties, more complex regulations, and bigger insurance policies.
Steps to Take When Filing a Truck Accident Claim
Here are the actions you should focus on immediately after a truck accident:
Prioritize Your Safety
Safety should be your top priority after any auto accident. If possible, move to a safe location and call 911. Report the accident to law enforcement, and make sure the responding officers document the scene. The official police report will play a critical role in your claim.
Collect Relevant Evidence
Next, gather as much evidence as you can. Evidence starts disappearing quickly, so take photos or videos of the vehicles, road conditions, and any visible injuries. It’s also helpful to collect witness statements.
At this point, you should also exchange information with the truck driver, including their name, contact details, insurance information, and the name of the trucking company they work for.
Seek Medical Attention
Even if you think your injuries are minor, it’s important to see a doctor as soon as possible. Truck accidents often result in serious injuries that may not be immediately apparent, such as whiplash or internal trauma.
A medical evaluation will help ensure your well-being. Just as importantly, it will create a documented connection between the accident and your injuries in case you plan to take legal action.
Keep Detailed Records
Document everything relating to the accident, including:
- Every hospital visit, treatment, prescription, and physical therapy session
- The trucking company’s records, including driver logs, maintenance records, and training documents
- Communication records, including all emails, letters, and notes about your claim
It’s also a good idea to make notes of phone conversations relating to the accident immediately after they happen.
Consult a Qualified Attorney
The biggest mistake most truck accident victims make is talking to the trucking company’s insurance adjuster without legal representation. These professionals are skilled at getting you to say things that could hurt your claim.
While it’s important to weigh your options, remember that the longer you wait, the more complicated things can become. Retaining an attorney early on will give you the best chance of securing fair compensation.
File Your Insurance Claim Promptly
In Illinois, you’ll need to file a claim with the at-fault party’s insurance company. Typically, this is the trucking company’s insurer, which will do everything it can to minimize payouts.
The insurer might offer a quick settlement that seems generous but doesn’t come close to covering your long-term medical needs. A qualified attorney will have worked on many cases like yours and can tell you when you’re being short-changed.
Statute of Limitations for Filing a Truck Accident Claim
Illinois has strict deadlines for filing truck accident claims. They are:
- Two years for personal injury claims
- Five years for property damage claims
- One year for claims against government entities
Missing the applicable deadline could mean losing your right to seek compensation forever.
Who Is Liable in a Truck Accident Case?
Truck accident claims can be more complex than those that arise from car accidents because multiple parties might share liability. These may include:
- The truck driver
- The trucking company
- A third-party maintenance provider
- The manufacturer of defective truck parts
Determining liability often requires detailed investigation, which is why working with an experienced attorney is crucial.
Compensation Available in Truck Accident Cases
Illinois law allows truck accident victims to seek compensation for a variety of losses, including past and future medical expenses, lost wages and earning capacity, pain and suffering, and property damage.
The key to receiving fair and adequate compensation is proving the extent of your losses. A skilled attorney will know how to do just that.
What Makes a Successful Truck Accident Claim?
Most successful truck accident claims share several common elements, which include:
- Proactive legal representation
- Thorough documentation
- Strategic communication with insurance companies
- Expert testimony regarding injuries and accident reconstruction
- Clear proof of financial losses
The fact that most truck accident settlements often involve multiple insurance policies means you must be strategic in how you go about pursuing your claim. Your attorney will ensure that your claim is filed on time and is backed by key evidence.
Get the Help You Need for Your Truck Accident Claim
Filing a truck accident claim in Illinois can be more complicated than it may seem. The Law Offices of Glenn & West, LLC, has helped countless clients through this process.
If you’ve been involved in a truck accident, contact us to arrange a free consultation. We’ll explain your rights and options and help you understand the best path forward.
