WHAT SHOULD I DO AFTER A TRUCKING ACCIDENT?

A truck accident claim’s success is determined by a number of factors. Sometimes, you must treat your injuries and file a claim simultaneously. The evidence may diminish as soon as the accident occurs. Here are some tips on reacting to an accident and building your case.

Take the following steps after a trucking accident in Utah:

Check for injuries and call 911

The state of Utah requires that a driver involved in an accident immediately call 911 if they are able. You must remain at the scene until first responders arrive. You will need to tell the 911 operator some crucial details. These details include the location of the accident, details about the vehicles involved, the types of injuries sustained, and any hazards that the emergency vehicles need to be aware of, including fuel leaks or overturned trucks.

Begin collecting evidence

Once you and your passengers are in a safe location, begin collecting evidence. First, take pictures of the scene. Take pictures of your vehicle. If you see anything that should be recorded by a video, take a video.

Be cautious when you speak to the truck driver or anyone else involved in the accident. A traffic accident involving a commercial truck is different than a run-of-the-mill accident. There are often more parties involved, and that can result in significantly more red tape for accident victims.

Notify your insurance company

You must notify your insurance company if you wish to comply with your policy. After an accident, you must notify your insurance company even if you were not at fault. Your insurance policy requires you to notify your insurance company when you are involved in an accident and cooperate with the investigation.

You may be forced to pay higher premiums, have your policy canceled, or face other consequences if you do not notify your insurance company.

Submit the driver’s accident report

The driver of vehicles involved in an accident in Utah may be required to complete and submit a written accident report form. If the driver involved in the accident is not the vehicle owner, the owner must submit the accident report within 15 days of becoming aware of the accident.

Call Gosdis Law after your trucking accident

It is critical to retain an attorney as soon as possible after a Utah truck accident. Unless it is collected immediately after a trucking accident, data stored within the tractor-trailer pertaining to the accident will be destroyed or lost. After a trucking accident, trucking firms and insurance companies immediately send teams of people to investigate; move the tractor trailer; and prepare their case for litigation. In that process, critical information pertaining to the trucking accident is often lost or destroyed.

You need to hire a trucking accident attorney right away. Gosdis Law can help. We are Utah’s top truck accident law firm for a reason. We get results. We have recovered millions and millions of dollars for our Utah truck accident clients over the past two decades. Schedule a free consultation today.

Treble Damages

The amount of damages awarded is three times the amount the wrongdoer is found liable. Treble damages are available under the statute that allows them. Treble damages are a type of punitive damages. The goal is to deter others from committing the same offense. Plaintiffs must prove that the defendant requested treble damages in their complaint to receive damages in personal injury cases.

Wrongful Death Damages

Sometimes truck accidents end in death. When that happens, the victim’s surviving family members have the right to sue the trucking company in a wrongful death suit. Wrongful death damages include:

• Funeral and burial expenses
• Pre-death medical expenses
• Survivors’ emotional distress
• The financial loss of the deceased
• Loss of services and support
• Loss of companionship and support

HOW ARE PAIN AND SUFFERING CALCULATED IN A UTAH TRUCKING ACCIDENT?

One way to calculate pain and suffering damages is by using a pain and suffering multiplier. Using a pain and suffering multiplier, you can calculate the value of your pain and suffering. To determine the amount of pain and suffering, multiply all actual damages by 1.5 to 10.

When determining the appropriate multiplier for your pain and suffering, several factors must be taken into account, including the degree of the other driver’s fault, the seriousness of your injuries and permanent disability, and the length of your recovery period, among many other factors.

HOW DO I COLLECT MY TRUCKING ACCIDENT JUDGMENT?

Even if a jury finds that a defendant was responsible for your injuries, your money will not automatically be awarded. In any case, you are unlikely to go unpaid since you sued a large company.

You have some options available if you are not receiving payments. You can start the collection process or investigate garnishing wages. In most cases, the insurance company will pay a valid damages award or settlement without any hassle up to the liability limits. 

What Are Typical Injuries People Suffer From in a Truck Accident?

Below are some of the usual types of injuries that truck accident victims suffer. This list is not exhaustive, but these are some of the broad categories of harm that you may encounter.

Soft Injuries vs. Hard Injuries  

You may have different types of injuries and more than one type of injury. Most injuries are classified as “soft” or “hard” injuries.

Soft Injuries

Injuries to the body’s soft tissues usually do not require invasive medical treatment. Bruises, cuts, scrapes, whiplash, and sprains are examples of soft injuries. Medical care may be needed in these types of injuries, but they are unlikely to affect the victim long-term. If you are injured in a truck accident, soft injuries are the best-case scenario. Soft-tissue injuries are usually not brought before a jury in personal injury cases.

Having an advocate in your corner is crucial to getting what you deserve from an insurance company. Gosdis Law is passionate about personal injury and helping people put their lives back together after an accident. Call us or visit our website for a free consultation with Gosdis Law.

Hard Injuries

Injuries that are considered hard are more severe. Among hard injuries are traumatic brain injuries, head trauma, amputations, broken bones, paralysis, or death. Such cases can end up in court. Despite these apparent injuries, it can still be a struggle to get the treatment and financial support you need to recover.

The cost of hard injuries is substantial. Contrary to soft injuries, hard injuries will require medical attention (often long-term). These injuries are usually obvious. The majority of people who contact you will see the cast your broken arm is in or will notice that you are missing a limb. And it seems evident that the cause of hard injuries is the truck accident you have suffered.

However, many people who suffer catastrophic injuries from truck accidents still face resistance from the insurance company while getting the money they need to get well. At Gosdis Law, we have seen this problem before, and we are the best at getting our clients the resources they need to start their lives again.

Gosdis Law is Utah’s number one personal injury law firm. It is the best in the business and can help you through your most challenging time after a truck accident. We are here to guide you through making your Utah truck accident claim. It would help if you had a Murray personal injury lawyer with years of experience collecting millions and millions of dollars for accident victims for the best result. We are here to help put your life back on track.

WHAT IS COMPARATIVE NEGLIGENCE AND HOW DOES IT APPLY TO UTAH TRUCK ACCIDENT CASES?

The state of Utah is a comparative negligence state. Comparative negligence is a theory present in civil litigation when both the plaintiff and defendant are partly at fault. The insurance company, jury, or court will determine the percentage of fault. Based on the facts, a court might decide that the plaintiff is 30% at fault for an accident and the defendant is 70% at fault for the accident. In a comparative negligence jurisdiction, the plaintiff will only recover 70% of their accident claim. Contributing to the accident would reduce a plaintiff’s ability to recover by 30%.

If you disagree with the insurance company’s determination of fault, you may need to hire an attorney. Gosdis Law only handles personal injury cases, so we are experienced in making the correct arguments, compellingly presenting your claim, and talking to the intimidating insurance companies to ensure that you get the best outcome possible. If you have the proper representation on your side, you will be better able to recover from your injury fully.

WHAT INSURANCE IS REQUIRED IN UTAH FOR SEMI-TRUCKS?

In Utah, every truck driver and trucking company must have a minimum amount of liability insurance. All truck drivers must have the following minimum liability insurance:

• $5,000,000 liability insurance for trucks transporting hazardous materials
• $300,000 liability insurance for trucks transporting household goods
• $750,000 liability insurance for general freight trucks
• $1,000,000 liability insurance for trucks transporting oil

HOW DOES THE STATUTE OF LIMITATIONS WORK FOR UTAH TRUCK ACCIDENT CLAIMS.

To successfully file a claim for a truck accident, you must first determine your statute of limitations. The statute of limitations is when a claim or lawsuit for damages must be settled or filed. Different types of claims have various statutes of limitations. Each state has its law determining the statute of limitations for bringing a claim for injuries because of a truck accident. Utah has a statute of limitations of four years for a plaintiff to resolve their case by settling with the insurance company or filing a lawsuit in the proper court. A person who has a truck accident claim has four years from the date of the accident to settle the claim or file a lawsuit.

The statute of limitations is a hurdle because you are barred from recovery forever if you miss the time to settle or file. The statute of limitations is used to move a case along reasonably and efficiently.

Having a statute of limitations ensures that the case is pursued steadily so that the court system is not clogged up with stagnant cases. A deadline for settling or filing a lawsuit preserves evidence. Evidence may be lost if too much time passes between the date of the accident and when the case is filed in court. Witnesses of the accident may be unavailable if too much time passes. Your injuries may heal quickly, making your case less persuasive to an insurance company or a jury. On the other hand, your physical condition can deteriorate because you lack access to proper health care to help you get better. Having a prompt and clear deadline to keep the case moving protects both parties from laborious litigation.

 The law only allows limited exceptions to the statute of limitations. The Discovery Rule’s legal doctrine is the narrow exception to the statute of limitations. Per the discovery rule, the statute of limitations for a claim does not begin to run until the plaintiff discovers their injury. This exception is beneficial for those who suffer “hidden” injuries.

 For example, if a person has a brain injury, they may not notice a change themselves. Often people who are close to an accident victim are the ones that see symptoms of a brain injury, including memory loss, emotional instability, and changes in speech patterns. In exceptional cases like that, the statute of limitations does not begin to run until the person knows they have been injured. They will have four years from the date of discovery to settle the truck accident claim or bring a lawsuit.

HOW MUCH SHOULD I SETTLE FOR AFTER A UTAH TRUCK ACCIDENT?

Your attorney can help you determine how much your claim is worth. The insurance company’s job is to settle allegations that its insured are at fault for the smallest amount of money possible. That is why negotiating solely with the insurance company alone is not the best route to take. Be wary of an insurance company’s first and final offer. The other driver’s insurance company is not here to advocate for you. You need someone on your team. Hiring a good personal injury attorney is your best next step.

Gosdis Law is a Murray personal injury attorney that only focuses on personal injury law. We are passionate about protecting our clients from greedy insurance companies that want to shortchange injured people. At Gosdis Law, we approach every case with expertise, professionalism, and empathy. That is why we have won millions and millions of dollars for our clients. We want to help you put your life back together after you experience a truck crash. If you have been in an accident in Murray, Utah, call the best Murray personal injury lawyers at Gosdis Law.