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A crash involving a semi truck or other commercial vehicle near Atkins can leave you with serious injuries, mounting medical bills, and a complicated insurance claims process. Understanding how liability is determined, how insurance companies operate, and how an experienced attorney can strengthen the value of your case are all essential steps toward a fair recovery.
Seeking Damages After a Truck Accident in Atkins
No matter what type of truck accident you have experienced in Atkins, you are likely dealing with significant medical bills and lost wages as a result. If this is the case, it is important to know your options for seeking financial restitution, and your first step should be to contact a truck accident attorney.
To pursue damages after a truck accident, you will need to file a claim with the responsible insurance company. Once this has been done, the insurance company will send an adjuster to evaluate your damages. Keep in mind that an adjuster works for the insurance company and generally does not have your best interests in mind. Some of the insurance industry tactics you should watch for include an adjuster who underestimates the value of your claim, one who delays the investigation in an attempt to frustrate you into accepting a settlement offer, and an insurer that relies on its own medical professionals to downplay your injury or claim you had a pre-existing condition. If the insurer refuses to pay what you deserve, you may need to pursue compensation through a lawsuit, where an attorney can represent your interests in a formal court of law.
Determining Liability After a Truck Accident
In a truck accident lawsuit, you will need to prove that the defendant's negligence caused your injuries. Several parties may potentially be held liable, including the driver of the truck, the trucking or shipping company, the safety director of the company, the vehicle inspector, and even the manufacturer of the truck. An attorney can investigate your case to determine liability and represent your interests throughout the process, allowing you to focus on your recovery instead of dealing with insurance adjusters and drawn out settlement negotiations.
Why Truck Accidents Are So Dangerous
Large commercial trucks and tractor-trailers are heavy, difficult to maneuver, and can obstruct other drivers' views. Under any conditions, these large vehicles are generally among the most dangerous on the road, and a serious truck accident can have devastating consequences, including permanent disability, significant medical bills, and substantial lost wages.
The five most common types of fatal truck accidents include underride accidents, where a smaller passenger vehicle drives underneath a large commercial truck, override accidents, where a larger truck drives over a smaller vehicle, motorcycle, or pedestrian, jackknife accidents, which occur when a semi suddenly brakes and the trailer folds into the truck, head-on collisions, and rollovers. While these are the most common scenarios seen in truck accidents, not every crash will fall into one of these specific categories.
Can You Trust the Insurance Company After a Truck Accident?
There are more than 100 insurance companies selling policies in Iowa, and none of them are working for you once a claim is filed. Many people assume that if they are hurt, their own insurance company will pursue the truck driver or trucking company on their behalf, but that is simply not true. Your insurer may try to recover what it paid out for property damage, but it is highly unlikely to pursue a claim for your personal injuries.
Whether you are dealing with the trucking company's insurer or another insurance company involved in your case, a few things remain true no matter who you are speaking with. The insurance company is not representing you or looking out for your best interests. It is not required to tell you the truth. Its business model depends on paying out as little as possible on every claim. A friendly adjuster does not mean a fair one, since kindness on the phone does not translate into a fair settlement. Insurance companies sell policies and collect premiums, but they do not enjoy paying claims.
Tips for Dealing with the Insurance Company
Always tell the truth, since anything you say can be used against you later, and even a small inconsistency can damage your credibility. Be careful about what you say to an adjuster, since insurance companies employ trained professionals whose job is to minimize your claim. Keep documentation of your injuries and how they affect your daily life, including a journal of your symptoms, doctors' excuses for missed work, and copies of medical bills or explanation of benefits forms.
Be thorough at every medical appointment, since your records will describe how you were hurt and what treatment you received, and the insurance company will use this information to evaluate your claim. If you do not tell your doctor everything that hurts, it will not be documented, and the insurance company may later argue that any newly reported symptom was unrelated to the accident. Keep up with follow up appointments as recommended, since missing them can be used as evidence that you have fully recovered, even if you are still struggling with pain.
How an Attorney Strengthens the Value of Your Truck Accident Case
When you have been injured in a truck accident, the insurance company's first offer rarely reflects the true value of your claim. Without proper legal representation, you could be leaving thousands of dollars on the table. Most accident victims do not realize their case may be worth significantly more than what an insurance adjuster initially proposes.
An experienced attorney increases case value in several ways. This includes obtaining doctors' reports and medical opinions to prove the connection between your injuries and the truck accident, which strengthens your claim and justifies the compensation you are seeking. Your attorney can also secure expert opinions on the cost of future medical care, since insurance adjusters often focus only on bills already incurred and ignore the long term financial impact of a serious injury.
An attorney who has handled many injury cases can give you a realistic range for what your case may be worth once all the facts and medical opinions have been gathered. This kind of experience allows you to reject a lowball settlement that fails to account for the severity of your injuries, the impact on your quality of life, lost wages, and any long term disability considerations.
Managing Subrogation Claims and Liens
An attorney can add real value by managing subrogation claims, which are claims made by your health insurance or motor vehicle insurance seeking reimbursement from your settlement. An attorney who understands this area of the law can often put more money in your pocket just by handling these negotiations properly. Without legal representation, you may end up paying back more than legally necessary. The same is true of liens asserted by doctors, insurance companies, welfare benefit plans, and employers, all of whom may claim a right to part of your recovery. Reviewing and challenging these liens often results in substantially more money staying in your pocket from the same settlement.
Handling the Insurance Company So You Don't Have To
Your attorney handles all communication with the insurance company, saving you time and protecting you from tactics designed to reduce your compensation. Insurance adjusters understand the law and have been trained to pay as little as possible. By serving as your point of contact, your attorney prevents you from making statements or accepting offers that could harm your case, which can mean the difference between a fair settlement and one that leaves you financially exposed.
Thorough Investigation Builds a Stronger Case
To maximize case value, a truck accident attorney conducts a thorough investigation, gathering police accident reports, medical records, and bills. When necessary, an attorney will hire investigators to interview and locate witnesses and collect additional evidence such as photographs of the vehicles and accident scene. Your attorney will also review legal issues that could affect your compensation, including comparative fault and assumption of risk, so that insurance company arguments aimed at reducing your settlement can be properly countered.
Avoiding Costly Mistakes
Perhaps most importantly, an experienced attorney helps you avoid common mistakes that could cost you thousands of dollars. These mistakes include giving recorded statements to insurance adjusters, accepting a quick settlement before understanding the full extent of your injuries, missing important filing deadlines, or failing to properly document your damages. Most personal injury attorneys work on a contingency fee basis, meaning they are only paid if your case is successful, so the investigation, negotiation, and trial preparation involved in strengthening your case comes at no upfront risk to you.
Get Help Now In Atkins
At Walker, Billingsley & Bair, our truck accident team is committed to ensuring you receive the compensation you deserve. We handle all injury cases on a contingency fee basis and manage all necessary documentation and communications.
Walker, Billingsley & Bair is prepared to act fast to defend your rights after a truck accident in Iowa. Contact our office at 641-792-3595 to speak with an attorney.