What Happens if an Accident Occurs With Uninsured Truck Driver?
How a Truck Accident Lawyer Can Help You Seek Compensation
Learning that the truck driver responsible for your accident is uninsured is frustrating. Your medical bills, lost wages, and other damages begin at the moment of impact, yet your injuries may leave you unable to work. A truck accident attorney can help you discover the best options for securing compensation for your damages.
Common Causes of Truck Accidents
Commercial truck drivers spend a lot of time on the road and behind the wheel. As professional drivers, they must possess a commercial driver’s license (CDL) and adhere to the rules of the road.
In addition to the CDL, drivers and the companies they represent must ensure that their trucks are safe. Worn tires, poor brakes, and mechanical issues can place all highway drivers at risk for harm or death.
Truck drivers engage in the same types of behaviors as other drivers. While there is no place for dangerous behavior behind any wheel, semi-trucks are heavier and often more deadly in a tragic accident. When fully loaded, a semi-truck trailer can weigh as much as 80,000 pounds.
A rear-end or another type of collision may result from a truck driver engaged in:
- Drunk driving: The blood alcohol concentration (BAC) level for those with a CDL is 0.04 percent —lower than the 0.08 percent limit for other drivers. According to the National Highway Traffic Safety Administration (NHTSA), visual impairment can begin at a BAC level of just 0.02 percent.
- Aggressive driving: One of the most dangerous forms of aggressive driving among truck drivers is speeding. With many truck drivers paid per mile, exceeding speed limits to meet delivery times is dangerous and sometimes deadly.
- Distracted driving: The Federal Motor Carrier Safety Administration (FMCSA) cites dangers in and out of the cab as dangerous drivers. Data collected by the FMCSA and the NHTSA over a three-year period found that approximately 11,000 crashes nationwide involved distractions external to the truck cab.
- Drowsy driving: While the FMCSA has rules governing hours of service, a truck may not rest properly during their designated break times. Falling asleep behind the wheel can cause a truck driver to drift into your lane and change your life.
A truck driver may receive a criminal charge or face a traffic citation for one or more of these actions. Any charges or tickets they receive do nothing to assist with your medical costs. An uninsured driver may leave you with fewer options for pursuing compensation.
Insurance Companies and Your Truck Accident Injuries
A truck accident lawyer can investigate both the driver and the trucking company they represent for insurance information.
If there is no liability insurance or the insurance lapsed, your lawyer may:
- File a truck accident lawsuit: If the driver, the trucking company, or both have significant assets and are liable for our harm, a lawsuit may serve as a viable option for compensation. A truck accident lawyer with trial and courtroom experience could be vital to the outcome of your case.
- Review your insurance policy: Another option is for a lawyer to review the terms of your insurance policy. If your insurance company attempts to deny, delay, or underpay you the coverage outlined in your policy, a lawyer could help you. Holding the insurance company responsible for the terms of your legally binding policy is important for obtaining the benefits you deserve.
These are two options that may or may not serve as solutions for your truck accident injuries. An uninsured truck driver can make a truck accident case more complex and too difficult to handle alone.
How a Truck Accident Lawyer Can Help You
The injuries you suffered leave you no time to deal with the details of your case. Phone calls, paperwork, and research can easily consume your time and add to your growing stress.
A lawyer familiar with truck accident claims and lawsuits can serve as a valuable representative on your behalf. Pursuing compensation, whether it is through your own policy or a lawsuit, is a challenging process. The lawyer you hire can keep you informed and protect your best interests.
Truck accident lawyers understand state laws and how insurance companies operate. Insurance representatives use these all too familiar tactics to protect profits. The lawyer you hire can stand firm in their fight for the compensation you need—either in court or directly with your insurance company.
Uninsured Truck Drivers and Your Pursuit of Compensation
The overwhelming experience of a truck accident can leave you confused and devastated. If you lost a close loved one due to an uninsured, reckless truck driver, options for possible justice and compensation may exist.
Ensuring that you explore all your legal options is imperative for your current and future financial needs. Time is of the utmost importance, as pursuing a possible civil lawsuit requires filing your case within the statute of limitations.
Failure to file a lawsuit promptly can result in a missed opportunity for compensation. If a lawsuit is not a viable option, your insurance company may try to protect their best interests and not yours.
Holding an uninsured truck driver, trucking company, or both accountable is important for your case and other drivers’ safety. Holding your insurance company accountable for the terms of your policy is also important for your medical and financial needs.
If you experienced life-changing injuries due to an uninsured driver, consider hiring an attorney now. Most truck accident lawyers offer a free case evaluation. The sooner you contact an attorney, the faster they can get to work for you.
Never assume the truck driver responsible for your accident has insurance. Leave the investigative and administrative work of your case in the hands of a qualified and experienced truck accident lawyer. You can rest easier knowing someone is representing your best interests.