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3 FAQs About Blind Spot Truck Accident Claims

September 16, 2019

by Donaldson & Weston

personal injury lawyer

When a large truck sideswipes a small car, the consequences are often devastating. Though every driver should avoid the blind spots of a big rig, it’s ultimately up to the trucker to scan his or her surroundings before turning or changing lanes.

If you were hurt in a sideswipe accident, the insurance company might try to dispute liability or damages, so it’s important that you learn your rights and take steps to protect your claim. Below, we’ve answered three frequently asked questions about blind spot truck accident cases:

1. How can I Prove Fault After a Blind Spot Truck Accident?

The most valuable evidence will depend on the facts surrounding your case. Generally speaking, truck accident attorneys often use the following evidence to prove liability:

  • The official police report;
  • Photographs of the wreckage;
  • Eyewitness testimony;
  • Any available surveillance footage or dash cam recordings; and
  • Data from the truck’s “black box.”

Your attorney might also try to access the trucker’s cell phone records to find out if he or she was distracted when the accident happened.

2. What Tactics Might the Insurer Use to Dispute My Claim?

You should expect the motor carrier’s insurance company to challenge your claim, especially if you’ve incurred substantial damages. One common tactic used by insurers in these cases is to shift blame to the victim. For instance, the insurance adjuster might claim that you could have easily prevented the crash by accelerating or decelerating, or that you engaged in some other form of negligence that contributed to the crash.

Here are a few other strategies the insurance company might use to dispute your claim:

  • Arguing that your injuries were pre-existing;
  • Arguing that your injuries aren’t as severe as you’re claiming;
  • Arguing that you haven’t taken reasonable steps to mitigate your damages; or
  • Arguing that your calculations for healthcare costs, lost income, or other damages are unreasonably high.

A skilled truck accident lawyer can anticipate these disputes and gather the evidence needed to overcome them. Your attorney can also give you advice to prevent such disputes such as attending all doctor’s visits and staying off social media.

3. What are the Benefits of Hiring a Truck Accident Attorney?

Although you can represent yourself during the claims process, it’s wise to seek legal counsel. Truck accident claims are inherently complicated, and insurance adjusters are not above using manipulative tactics to protect their employer’s bottom line.

A seasoned personal injury lawyer will make sure you’re treated fairly by the insurance company. Your attorney can help you avoid costly mistakes and handle all the logistics of your claim including gathering evidence, talking to witnesses, arranging expert witness testimony, filing the necessary paperwork, corresponding with the insurance company, negotiating for a settlement, and litigating your case if it goes to trial. Your lawyer can also make sure your claim accounts for all potentially recoverable losses so you don’t leave any money on the table.