To file a truck accident claim in Birmingham, Alabama, call 911 to report the trucking crash, get medical care, and gather evidence from the scene of the incident. In the days after, get legal counsel. Your truck accident lawyer can help you inform your insurance company about the incident and communicate with the insurance companies of others involved on your behalf.
Steps to File a Truck Accident Claim in Birmingham
You may want to consider hiring a Birmingham truck accident lawyer within days of your trucking collision. Your attorney can provide legal guidance and support as you go through the claims process, which consists of these steps:
1. Collect Evidence
Your lawyer can help seek and obtain police reports, a truck’s electronic logging device (ELD) data and black box data, witness statements, accident scene photos, traffic camera and dashcam footage of the incident, and other evidence. This collection of evidence can strengthen your claim.
2. Contact Your Insurance Company
Notify your auto insurance company about your accident involving a truck. Provide your insurer with the date, time, and location of the incident. Avoid saying anything that could be interpreted as admitting fault for the accident, since doing so could compromise your claim.
3. Establish Liability
Your attorney can handle communications with insurance companies for you during the claims process. Your lawyer can help you show these companies that your accident may have been the result of someone else’s actions. This may support your claim for compensatory damages.
What to Expect If You File a Trucking Accident Claim in Birmingham
After you start the claims process, an investigation may get underway. Unfortunately, if someone else may be liable for your truck accident, their insurance company may attempt to delay the claims process, dispute liability, or offer a settlement worth less than what you feel is fair.
Contributory negligence can dictate your claim’s outcome. Because of this, if you are ultimately found to be even 1% responsible for your accident with a truck, you may be barred from receiving compensation.
There are times when multiple parties share responsibility for a truck accident. At these times, an accident investigation can take a long time. If your accident is incredibly complicated, it could take months or years to resolve your claim.
If you hire an attorney, they can represent and advocate for you during the claims process. Your lawyer can speak with insurance adjusters for you, minimizing your risk of saying anything that may indicate that you are to blame for your trucking accident.
Your lawyer may negotiate an insurance settlement for you. They can keep you updated about insurance settlement negotiations and if any offers are made. If your attorney receives a proposal, they can share it with you, and you can review it with them before you decide on it.
Outside of a claim, you may file a lawsuit against a trucker, trucking company, or other parties liable for your accident. According to Alabama Code § 6-2-38, the statute of limitations for most personal injury lawsuits is generally two years.
A lawsuit is an opportunity to present your case to a judge or jury, with many cases resolved through settlement. However, if your lawsuit requires a trial, your lawyer can present your case and explain to a judge or jury why you should be awarded damages.