Did you know that large trucks were involved in over 4,500 fatal crashes in a recent year, according to the National Highway Traffic Safety Administration? These incidents can have devastating consequences, yet many misconceptions about truck accident claims persist. Understanding these myths is crucial for anyone affected by such accidents, as they can lead to significant misunderstandings about the legal process and potential compensation.
Read on to find six common misconceptions surrounding truck accident claims. For victims needing legal assistance after a truck accident in Fort Collins, CO, consider reaching out to a Fort Collins truck accident attorney who can guide you through your case.
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Truck Accident Claims Are Always Quick and Easy
Many people believe truck accident claims can be settled quickly. However, investigating these claims involves gathering extensive evidence, reviewing maintenance records, and negotiating with insurance companies, which can turn a seemingly simple claim into a lengthy process. On average, these claims can take several months to over a year to resolve, depending on the case’s complexity.
Truck Accidents Victims Always Receive Full Compensation
It’s a common misconception that truck accident victims are guaranteed full compensation for their damages. Several factors, such as liability and insurance limits, significantly influence compensation. Determining fault is crucial, as multiple parties—like the truck driver and trucking company—can complicate claims. Each party also has specific insurance policy limits that may cap available compensation, potentially leaving victims with financial shortfalls.
Additionally, many states follow comparative negligence laws, which can reduce compensation based on the victim’s level of fault. For instance, if a victim is 20% at fault in an accident resulting in $100,000 in damages, their compensation would decrease to $80,000.
You Don’t Need a Lawyer for a Truck Accident Claim
Many truck accident victims think they can manage their claims independently to save on legal fees, but this can result in missed opportunities for fair compensation. Hiring a specialized truck accident lawyer is beneficial because they understand the complexities of these claims, including the laws and multiple parties involved. An experienced attorney can negotiate effectively with insurance companies to secure full compensation for medical expenses, lost wages, and pain and suffering.
Only the Truck Driver Is Liable in an Accident
Some believe that only the truck driver is responsible for accidents. This ignores the concept of vicarious liability, where trucking companies and vehicle manufacturers can also be held accountable. For instance, if an accident involves driver negligence and a faulty brake system, multiple parties may share liability.
If You Were Partially at Fault, You Can’t Get Compensation
People may get discouraged by thinking that being partially at fault bars recovery. However, states with comparative negligence laws allow victims to recover damages even if they share some blame. For example, a victim who is 30% at fault can still receive 70% of the awarded damages.
All Truck Accidents Are Caused by Driver Negligence
Finally, the belief that all truck accidents result from driver negligence overlooks other factors. Truck accidents can also be caused by equipment failure, poor maintenance, and adverse weather conditions. Research indicates that about 29% of crashes are attributed to vehicle-related issues, according to the Federal Motor Carrier Safety Administration.
Securing Your Rights After an Accident
Understanding the common myths about truck accident claims is essential for victims seeking justice and compensation. By debunking these misconceptions, you can navigate the complexities of the claims process more effectively. Additionally, learning more about auto law can empower you in handling your claim. If you or someone you know has been involved in a truck accident, consider consulting a qualified attorney to ensure your rights are protected and you receive the compensation you deserve.
