Car accidents happen every day, and there is no worse form of car accident then getting involved in a semi truck accident. A semi truck accident can be more catastrophic than a standard motor vehicle accident and can result in severe injuries and property damage due to the massive size disparity from a passenger vehicle to a semi-truck.
These accidents can be severe, and as Utah semi-truck accident attorneys we have encountered misconceptions that can possibly hinder a victim from getting the compensation that they deserve. As your Utah semi-truck accident attorneys we aim to debunk 5 of these myths in this article to empower you with knowledge and clarity in the case that you have been involved in a semi truck accident.
Myth 1: Truck Drivers Are Solely at Fault
A common assumption of semi truck accidents is that a truck driver ends up bearing sole responsibility for any collision involving a semi-truck. This belief comes from the assumption that the driver’s actions caused the accident such as a lack of visibility or other factors such as fatigue or distraction.
Reality: Several Parties May Be Responsible in a Semi-Truck Accident
A semi-truck driver may have caused an accident that happens quite often; however, liability may extend beyond the driver to multiple other parties. Other groups such as a trucking company, cargo loader, or vehicle manufacturer may be held partially or fully responsible for a semi-truck accident.
For example, a trucking company may be responsible for inadequate maintenance on a truck, cargo loaders may be responsible for improper securing, or a vehicle manufacturer could be found responsible for any parts that are defective.
If you have been involved in a semi truck accident it is important to consider all possible parties that may be partially or fully responsible for your accident. Consulting with a skilled semi-truck accident attorney will ensure that all parties are held responsible as your attorney will work to identify every party involved in your accident.
Myth 2: Semi-Truck Accidents Are Comparable to Standard Car Accidents
To many, a semi truck accident is nothing more than a standard motor vehicle accident. This thinking carries over to their beliefs of how a claim is handled as well as the damages that are incurred.
Reality: A Semi-Truck Accident Case Is Much More Complex
From the moment the accident occurs a semi truck accident is much more complicated. Semi-truck accidents are typically more complicated due to the federal regulations that apply to semi trucks under the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA places several restrictions and regulations on semi truck drivers such as hours of service limits (how long a driver is able to drive every day) and maintenance standards. These sorts of regulations do not apply to a passenger vehicle, and may cause complications in a personal injury case.
Here in Utah, these cases may also get more complicated as they may implicate interstate commerce laws. These laws will require specialized expertise to navigate different types of evidence such as electronic logging devices and black box data.
The assumption that a semi truck accident is handled the same as a car accident can be bad for your case and creates the potential of overlooked compensation opportunities.
Myth 3: There is Ample Time to File a Claim
Life can be very busy, and it is common to think that there is no real urgency in initiating the legal process following a semi-truck accident.
Reality: You Have 4 Years To File a Lawsuit
Here in Utah there is a 4 year statute of limitations for personal injury claims that arise from semi-truck accidents. This statute of limitations starts from the date of the accident. It is critical to your case that you act promptly as procrastination can result in lost evidence, such as witness recollections and surveillance footage.
Acting promptly can ensure that your Utah semi-truck accident attorney will be able to gather and preserve all critical documentation for your case. It will also give your attorney plenty of time to strengthen your case against potential defenses raised by trucking companies.
Myth 4: Insurance Companies Will Provide a Fair Settlement Without Legal Intervention
Insurance companies spend millions of dollars every year advertising that they have your best interests in mind and will help you in the case of an accident. This has created a widespread belief that an insurance company will prioritize a victims well being after an accident.
Reality: Insurers Want to Pay as Little as Possible
The insurance industry is a billion dollar industry, and these insurance companies are able to stay profitable by minimizing your claims and holding on to your premiums. An insurer will try their hardest to minimize your claim by scrutinizing your medical bills and fighting every part of your case so that they will have to pay as little as possible for your accident.
An insurer will fight you with stalling tactics and complicated legal jargon, which is why it is crucial to have a Utah semi-truck accident attorney fighting for you. Your attorney will fight an insurance company to get you the compensation that you deserve.
Myth 5: Medical Attention is Unnecessary if No Immediate Injuries are Apparent
Some accident victims may dismiss the need for medical attention as they experience no pain after the crash. This is a common thought that if you do not feel hurt after an accident then you do not need medical attention.
Reality: Injuries Can go Unnoticed For a Few Days After an Accident
During an accident your body will release adrenaline to help lessen how injured you feel and keep you conscious. This adrenaline can sometimes mask pain, symptoms, and injuries such as whiplash, internal bleeding, or traumatic brain injuries. These injuries may manifest a few days or weeks later and you can feel incredibly injured.
After you have been in an accident seek medical attention immediately. This medical attention will ensure that all of your injuries have been uncovered and your doctor will start work on your treatment plan immediately to help you get onto the road to recovery. Prompt medical treatment can also help establish how severe your injuries are as well as show an insurance company how committed you are to getting better. This will help your insurance claim tremendously.
A semi truck accident is complicated and severe. By understanding the reality behind these myths we hope that you will be able to take the proper actions if you or someone you know has been involved in a semi truck accident.
If you or someone you know has been injured in a semi truck accident expert help is necessary. Call the best semi truck accident lawyers in Utah at LifeLaw Personal Injury for a free consultation. Our attorneys will fight for your case tirelessly and will help you get the compensation that you deserve. If you have been injured and you do not know what steps you need to take, call us today to discuss your next steps.