There are many differences between a truck accident and one involving only passenger cars. Not only in that the injuries are may be more serious if a large truck is involved, but in the process of filing a claim, which may require proving the trucking company was negligent.
Truck companies have their own insurance companies who will aggressively fight for their clients, and will likely also utilize investigators who will conduct an accident investigation. Victims of these accidents may therefore benefit from a Des Moines personal injury attorney who can offer legal representation and help conduct an investigation.
Reasons to Conduct a Truck Accident Investigation
Keep in mind that the insurer for the truck company may use a variety of tactics to diminish the value of a claim or to deny it entirely. This is why it’s essential that any evidence available is preserved and collected.
Part of the problem with an investigation, is that much of the evidence required needs to be obtained through the truck company (employee records, maintenance records, hours of service records, etc.). Unfortunately, there could be efforts made to alter or change it, or even destroy it in some cases. Remember, trucking companies must hold hours of service records for six months.
For this reason an attorney should be secured. A Des Moines personal injury attorney can send a spoliation letter to the truck company indicating that necessary documentation, devices and records be preserved. This allows for a more thorough accident investigation.
Other Reasons to Hire a Des Moines Personal Injury Attorney
Another thing to keep in mind is that it isn’t against the law for the insurance company to make requests that damage the victim. And an injured victim may not fully understand his or her rights enough to watch for this. For instance, they may ask for paperwork to be signed. It could come across as just being a normal part of the process but without having an attorney look at it, this could end up hurting the claim.
An insurance company will also likely try to get the claim settled as quickly as possible. While the amount being offered might sound good, it could end up not being nearly enough to cover future medical and other expenses. A Des Moines personal injury attorney can help in both proving the truck company’s negligence and determining a settlement that is full and fair after a truck accident.