Investigating a Truck Accident for an Insurance Claim
Get a Free ConsultationOur truck accident attorneys are experts at investigating truck accidents for clients and they’ve provided this guide for anyone collecting evidence for an insurance claim or personal injury case. Failing to collect proper evidence can lead to a denied insurance claim or prevent you from recovering the compensation that you’re entitled to. If you were involved in a car or truck accident, call us for a free consultation at (813) 471-4444. Our attorneys will offer guidance for your specific situation.
Investigating a Truck Accident Insurance Claim in Tampa, FL
If you have been injured in a trucking accident in Tampa, Florida, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, pursuing a trucking accident claim can be complex and challenging, as there are many parties involved and many factors to consider. Therefore, it is important to hire an experienced trucking accident attorney in Tampa who can help you investigate your case and protect your rights.
A trucking accident attorney in Tampa will take the following steps to investigate your claim:
Evidence Collection at the Accident Scene
Gathering evidence from the scene of the accident is crucial for establishing the facts and circumstances of the collision. The evidence can also help identify the potential causes and contributing factors of the accident, such as driver error, weather conditions, road hazards, or vehicle defects. The evidence can also support your claim by showing the extent of the damage and the severity of the injuries.
Truck Driver’s Logbook Analysis
Requesting and reviewing the truck driver’s logbook can help determine if the truck driver complied with the federal and state regulations regarding hours of service, which limit the amount of time that a truck driver can drive without taking a break. These regulations are designed to prevent driver fatigue, which is a common cause of trucking accidents. If the truck driver violated the hours-of-service regulations, they may be held liable for negligence.
Truck’s Black Box Data Retrieval
Requesting and reviewing the truck’s black box data can provide valuable information about the truck’s performance and behavior before, during, and after the accident. The black box data can reveal if the truck driver was driving recklessly or carelessly, such as speeding, tailgating, or swerving. The black box data can also show if the truck driver tried to avoid or mitigate the collision, such as braking or steering.
Truck’s Maintenance Records Review
Requesting and reviewing the truck’s maintenance records can show if the truck was properly maintained and inspected according to the industry standards and regulations. Poor maintenance can lead to mechanical failures or malfunctions that can cause or contribute to a trucking accident. For example, faulty brakes, tires, lights, or steering systems can compromise the safety and control of the truck. If the truck owner or operator failed to maintain or repair the truck, they may be held liable for negligence.
Trucking Company’s Records Investigation
Requesting and reviewing the trucking company’s records can reveal if the company was responsible for hiring, training, supervising, or disciplining the truck driver. The company may be held liable for negligence if it hired an unqualified or inexperienced driver, failed to provide adequate training or supervision, or ignored any complaints or violations involving the driver. The company may also be held liable for negligence if it failed to follow any safety policies or procedures, such as conducting background checks, drug tests, or random inspections.
Expert Consultation and Testimony
Consulting with experts can help strengthen your case by providing professional opinions and testimony on various aspects of the case. Experts can help explain how the accident happened, what caused it, who was at fault, how it affected you, and what you deserve as compensation. Experts can also help counter any arguments or defenses that may be raised by the other parties or their insurance companies.
Insurance Negotiation and Settlement
Negotiating with insurance companies can be a challenging and stressful process, as they may try to minimize your claim or deny your liability. They may also try to pressure you into accepting a lowball offer or signing a release that waives your rights to pursue further compensation. A trucking accident attorney in Tampa can help you negotiate with insurance companies and protect your best interests. They can also help you evaluate any settlement offers and advise you on whether to accept them or not.
Lawsuit Filing and Trial
Filing a lawsuit may be necessary if a settlement cannot be reached with the insurance companies. A lawsuit can allow you to pursue your claim in court and seek a verdict from a judge or jury. A lawsuit can also give you more leverage in negotiations and more time to gather evidence and prepare your case. However, a lawsuit can also be costly and time-consuming, so it is important to weigh the pros and cons before deciding to file one.
These are some of the steps that a trucking accident attorney in Tampa will take to investigate your claim. By hiring a qualified and experienced attorney, you can increase your chances of obtaining a successful outcome for your case. If you have been injured in a trucking accident in Tampa, Florida, do not hesitate to contact a trucking accident lawyer today for a free consultation.
References
Crash and Citation Reports & Statistics – Florida Department of Highway Safety And Motor Vehicles
Traffic Crash Facts – Florida Highway Safety and Motor Vehicles