FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions About Vehicle Accidents

I've just been in an accident, what do I do?

Try to stay calm. A cool head can make a difference. Locate witnesses and get their names, addresses and telephone numbers. Exchange information, including insurance data, with the other driver. Call the police. If there is debris from the accident, think about returning and taking photos. Don't discuss the facts of the accident with anybody else, unless you're asked by the police. Tell them the truth. If you have been hurt, make sure you get medical care as soon as you can. Call your insurance agent and promptly report the accident. Don't discuss any aspect of the accident or your injuries with the other person's insurance company representative. No matter what that person tells you, you are not obligated to be interviewed.

If you are injured in an accident, it is important to seek treatment immediately. Sometimes serious injuries do not cause immediate pain. If you experience even minor pain after an accident, seek treatment immediately.

Remember to obtain the name, address, license number, and insurance information from the other drivers involved.

After an accident, who should I talk to and what should I say?

Whether it is five minutes or five weeks after an accident, don't discuss it with the other person's insurance company representative or adjuster. Their job is to get as much information about your accident or your injuries and then try to use it against you. You can talk about the accident with your insurance company. In fact, your policy says you must cooperate with your insurance company. But even so, your insurance company is going to look out for its own interests before it looks out for yours. That's why it's a good idea to talk to a lawyer before you talk to any insurance company.

If the accident is serious, or if you are partially or totally at fault in the accident, you should contact a lawyer prior to speaking to anyone, if practical. Your lawyer can review the facts with you to ensure that your statement is clear and factually correct. If necessary, your lawyer can help you fill out any required accident reports and insurance claim forms.

You will be asked at some point to provide your version of the accident, often by police, if they are called to the scene. Most, if not all states, will require you to file an accident report with the department of motor vehicles. Your insurance company and the other driver's insurance company will also want your version of the accident.

The accident was not my fault. What rights do I have?

You have the right to have your medical bills paid and your wage loss reimbursed. You also have the right to make a claim against the driver who caused the accident. In that claim you may recover damages (money) for pain, suffering, disability, disfigurement, emotional distress, loss of earning capacity and other losses that you may have suffered. The money for these losses is paid by the other person's insurance company. You also have the right to get your car fixed, or, if it's totaled, get the value of the car as it was just before the accident. This is called a property damage claim. It can be made against your insurance company if you have what's known as "comprehensive" coverage. You may also have the right to collect that damage from the other person's insurance company.

What can I do if my insurance company refuses to pay my claim?

After an accident, many people find out the hard way that their insurance company isn't the warm, fuzzy group portrayed in its commercials. Studies have shown that in almost half of the claims submitted to insurance companies, legitimate requests for payment are denied. In many others, the injured person isn't aware of his or her right to receive benefits, and the insurance company doesn't go out of its way to set the record straight.

Get your policy and see what it says. Then call us. We can usually tell you just what your rights are--quickly and at no charge--and make sure the insurance company doesn't take advantage of you.

Will my rates go up if I make a claim?

If the accident was not your fault, your rates won't go up.

Can I make a claim against the person who caused my accident?

You can make a claim for pain, suffering, disability and many other kinds of losses against the other person’s insurance, if you can prove the other person's fault was greater than your own.

What's my case worth?

To determine the value of a case, you have to look at a lot of factors. First, as we already discussed, you have to consider fault. Any percentage of fault placed on you reduces the value of your case by that percentage. Another important factor is the severity of your injuries. Another important factor is how your injuries affect you and your daily activities. Other factors include the amount of your medical bills, the amount of your wage loss, whether you have any scars, what impact your injuries will have on your future earning capacity and a host of other issues. Every case is different, and your attorney will rely on his skill and experience in determining what is fair.

Do I need a lawyer to obtain fair compensation?

Most of the time. As you can see, there are a great many factors and issues that need to be assessed in order to obtain a fair recovery. Also, you're going up against a giant insurance company. Companies have scores of adjusters, lawyers and other personnel who spend all of their time dealing with cases just like yours. It's unreasonable to think that you, who have probably never had to deal with something like this, can match experience and resources with a company that does nothing but work on accident claims. There's also the matter of time. Bringing a claim takes a lot of time and energy. Most people hurt in a car accident are short of both.

What does it cost to hire a personal injury lawyer?

Virtually all lawyers who limit their practice to personal injury charge a percentage of the recovery, usually one-third. You don't have to pay any money up front. If there's a recovery, the lawyer gets paid out of that. If there's no recovery, most personal injury lawyers won't charge you any fees at all. You don't have to pay any hourly charges or lump sums called "retainers." There's also the issue of costs. "Costs" are out-of-pocket expenses like the amount of money a hospital charges for duplicating your medical records, or the filing fee the courts charge for filing a claim. Most law firms pay those costs. We're reimbursed for those costs when the case is settled. Remember: To hire a good lawyer, it won't cost anything "up front."

Is there a charge for the initial consultation?

No. We never charge for an initial consultation.

If you are unable to settle my claim, will you litigate my case or do you refer my case to a trial lawyer?

We will not refer your case. Unlike many personal injury law firms, we handle all personal injury cases from initiation to jury trial. We are trial lawyers who have successfully tried numerous bench and jury cases and are well-qualified to litigate your case.

How will my medical bills be paid?

If you hire our firm to represent you in your car accident injury case, as a service to you, our firm will make sure all of your medical bills will be paid at the end of your case, if you receive enough compensation from the at-fault party. Otherwise, we will assist you in attempting to negotiate your bills down with your medical providers. All of the bills will be directed to our office, and we will process them, forward them to the appropriate insurance company, and keep close track of the medical costs you incur.

How long will it take to get a settlement from the insurance company?

Once again, this depends on the length of your treatment, since we don't put in a claim until that is complete. From there, it depends on a lot of administrative factors, and whether the insurer is willing to settle or we need to sue in court. Generally, the quickest cases are resolved is 6 months from the time of your accident, if your medical recovery time is not too extensive and if it is a relatively simple case that the insurance company is willing to settle. For more complicated and serious cases, and if the insurance company isn't being reasonable and we have to take them to court, it can be a year or more before your case is finally settled.

Will we have to go to court to get a fair accident settlement?

Only if the insurance company won't give us a reasonable offer. About 90% of our cases settle out of court, which is generally best for the client if we can get a fair offer. That way you can get on with your life. We’ll do whatever it takes to get compensation that is fair and best for the client, even if that means going to court.

After my case gets settled, can I go back for more if my injuries get worse or if I need more treatment?

Once you settle the case with the other person's insurance company, you usually cannot go back for more. That's why it's so important to have an experienced lawyer representing you -- one who knows your injury and what you can expect in the future. We make sure you recover enough money now so you don't have to worry about the future.

What if the person who caused the accident doesn't have enough insurance to fully compensate me or has no insurance at all?

Every insurance policy has underinsurance and uninsured motorist coverage, unless you waive the coverage. Underinsured motorist coverage (UIM) applies when the value of your case exceeds the amount of the other person's insurance. Uninsured motorist coverage (UM), on the other hand, applies when the person who caused the accident had no insurance. In that case, your uninsured motorist coverage compensates you for the damage caused by the other driver. Again, this is coverage for which you have already paid.

Frequently Asked Questions About Trucking Accidents

What are some of the dangers associated with large trucks on the roadways?

No-Zones - Large trucks have no-zones, or blind spots, that are located around the front, back, and sides of the truck. When a car is in the No-Zone, the truck driver is usually unable to see it. At these times, a large truck could turn into a passing car and a serious accident could result.

Squeeze Play – Tractor-trailer trucks need to swing wide to the left in order to negotiate a right turn. When truck drivers make wide right turns; they are often unable to see smaller vehicles directly behind or beside them. When a car cuts between the truck and a curb, the car can be caught in a squeeze, and a serious accident can occur.
Stopping Distance – Big rig trucks need a greater stopping distance than other vehicles. If there is not enough stopping distance between a car and a large truck, the car risks being involved in a rear-end collision.
“Off-track” - Occurs when a truck turns at high speed and swings into an adjacent lane unexpectedly.

What are some of the causes of tractor-trailer collisions?

There are many different reasons for accidents involving large trucks, including negligence on the part of the truck driver or the other vehicles involved. Others include:

Aggressive drivers
Unrealistic schedules
Failure to inspect tires, brakes and lights
Tailgating
Long work-shifts
Driver fatigue
Cell phone use
Failure to install blind spot mirrors
Jackknifing
Speeding and ignoring reduced truck speed limit

Why is a traffic accident involving a commercial truck more likely to cause injury than one involving a passenger car?

Trucking accidents are different from auto accidents in many ways, one of the most serious being the extent of damages and injuries when a truck and an automobile collide. A typical, fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.

Are there any state or federal regulations governing truck drivers?

There are many regulations, both state and federal, that trucking companies are required to follow. Some of those laws include the following:

Trucking companies are required to follow the Federal Motor Carrier Safety Administration’s (FMCSA) regulations concerning equipment and hours of service.
Truck drivers are required to maintain a driver’s log.
Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.
The Commercial Motor Carrier Safety Assistance Program requires that individual states and other political jurisdictions unify to develop and implement programs that will ultimately improve motor carrier, CMV, and driver safety and establish a safer and more efficient transportation system.
Commercial driver’s license standards and federal regulations are in place to reduce or prevent truck accidents and resulting injuries and/or deaths by requiring drivers of certain vehicles to obtain a single commercial motor vehicle driver's license.
State and/or federal laws, depending on whether the truck was involved in intrastate or interstate transport, may govern truck accidents.

What are the regulations regarding prohibited conduct for truck drivers?

A driver will not be allowed to operate a commercial motor vehicle if he/she engages in prohibited conduct. Prohibited conduct includes:

Reporting for duty with a blood-alcohol concentration of 0.02 or greater,
Possessing alcohol, unless it is part of a shipment, including medications like cough syrup or cold medicine that contain alcohol,
Consuming alcohol while performing safety-sensitive functions,
Consuming alcohol within 8 hours preceding an accident,
Reporting for duty while using any drug that affects the driver’s ability to safely operate a motor vehicle, or
Refusing to submit to any DOT-mandated alcohol or drug test.

Are there trucking regulations governing the number of hours a truck driver can operate in a 24-hour period?

Driver fatigue and drowsiness are conditions that result in reckless behavior such as failure to keep in the proper lane and running off the road. Tired truckers are of such concern that in April of 2003 the Federal Motor Carrier Safety Administration (FMCSA) instituted new hours of service regulations to curb truckers’ problems with fatigue. While these laws have helped reduce the number of accidents, the U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes.

How do I handle trucking companies or their insurance carriers after a truck accident?

You should immediately consult with an experienced truck accident lawyer. Truck companies have their own investigators and attorneys working hard to dismiss liability. One of the worst decisions individuals can make is to negotiate directly with trucking companies, insurance adjusters, or the trucking company lawyers. Most trucking companies are highly skilled at truck accident investigation and claims. Anything you say or sign may be held against you further down the road.

Why should a lawyer be hired as soon as possible?

Major trucking companies will immediately have lawyers hired and working for them. The scene must be secure. Photographs and statements must be taken as soon after the accident as possible. Many important pieces of evidence helpful to you can be lost, misplaced or be purposely destroyed.

Who can be sued in an accident involving commercial trucks?

The person and/or company responsible and at fault for causing the accident can be sued. This includes the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in any way contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the accident, or the owner of any public or private property whose negligence contributed to the accident.

What kind of a lawyer should I hire?

You should choose a law firm that has handled many trucking injury cases. These cases require a specialist in the Federal Motor Carrier Safety Rules and Regulations. They also require lawyers familiar with fleet maintenance procedures.

Is the investigation of a truck accident important?

It is critical. A thorough investigation must be performed to establish the fault of another. An investigation will include the examination of the scene and vehicles involved, and obtaining statements from witnesses. Be sure that you do not move your vehicle after the accident. It will be a major part of the investigation.

Trucking companies will perform their own investigation immediately after the accident. It is important that you retain a lawyer who immediately investigates the case to evaluate liability and any potential at-fault defendants.

Are expert witnesses necessary to prove fault in a truck accident case?

Often, unless there is no question that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should retain an expert with expertise in the design, manufacturing, and operation of trucks and the rules of the trucking industry.

How much does your firm charge to handle a tractor-trailer truck accident personal injury claim?

Our firm charges clients of personal injury claims on a contingency basis. What that means is that we are paid only if we win money damages for you – the client. The fee agreement is usually a percentage of the amount recovered. This makes it possible for anyone to hire only the best lawyer. It gives everyone access to the justice system and representation that is equal to that of the best that insurance companies. In addition, you can call our attorneys for a free consultation.