What Happens if an Accident Occurs With an Uninsured Truck Driver

Truck accidents result in severe injuries and fatalities due to the massive difference in size between commercial vehicles and passenger cars. You may be entitled to compensation if injured in a truck crash caused by someone else’s fault.

Your prospects of compensation for your losses may be diminished if the at-fault truck driver has no insurance. You should consult a legal professional who can guide you through the steps after an accident with a truck driver.

A truck accident attorney can investigate the crash and explain your legal options, including filing a lawsuit against the at-fault truck driver.

What Happens if an Accident Occurs With an Uninsured Truck Driver

There are legal options available to you when you suffer an injury in an accident involving an uninsured truck driver.

Here are two possible courses of action you can take to seek compensation for your injuries:

Filing an Uninsured/Underinsured Motorist Claim

You can file an uninsured/underinsured motorist claim with your insurance company. The uninsured/underinsured coverage protects you when the at-fault driver has no insurance or inadequate insurance to cover your damages.

You should inform your insurer immediately after the crash to preserve your right to compensation. An insurer can question the severity of your injuries if you delay notifying them about the crash.

Filing a Personal Injury Lawsuit

You may also pursue a personal injury lawsuit against the uninsured truck driver. While this option can be more complex and time-consuming, it can result in a higher settlement or court judgment if successful.

A skilled truck accident attorney can help gather evidence to support your case and represent you to ensure you receive the compensation you deserve for your injuries.

A truck accident lawyer can help understand your rights, assess the strength of your case, and guide you through the legal proceedings to maximize your chances of obtaining fair compensation for your injuries.

Who Is Liable in a Truck Accident Involving an Uninsured Truck Driver

Several parties may be liable for the damages after a truck accident involving an uninsured truck driver. Understanding who can be at fault can support your quest for compensation.

Here are the parties that may bear responsibility:

• The Driver: The most obvious party that can be held liable in a truck accident is the driver. If the driver was speeding or impaired while driving, they can pay for the damages resulting from the accident.
• The Trucking Company: In many cases, the trucking company that employs the driver can also be held responsible for the accident. If the company failed to properly vet the driver’s qualifications or neglected to maintain the vehicle, it could be liable for the damages.
• Vehicle or Parts Manufacturer: If the accident was caused by a mechanical failure of the truck or its components, the manufacturer of the vehicle or parts can also face liability. Defective parts or inadequate maintenance can lead to accidents, for which the manufacturer can be held accountable.
• Government Entity or Contractors: In some instances, the government entity responsible for road maintenance or contractors working on road construction projects may be liable for a truck accident. Poorly maintained roads or construction zones without proper signage can contribute to accidents involving trucks.
• Cargo Loaders/Shippers: The company responsible for loading the cargo onto the truck, or the shippers who hired the trucking company, can also share liability. Improperly loaded cargo can lead to accidents, making the loaders or shippers accountable for the damages.

In the aftermath of a truck accident involving an uninsured driver, determining liability allows you to pursue damages from the right party. An experienced truck accident attorney can evaluate the circumstances of the crash, gather evidence, and initiate compensation claims.

How to Prove Fault in a Truck Accident Involving an Uninsured Driver

You must prove fault in a truck accident to obtain compensation for your injury-related losses.

Here are some key pieces of evidence that can help strengthen your case:

Evidence from the Scene of the Accident

Physical evidence from the accident scene, such as skid marks, vehicle damage, and road conditions, can provide valuable insights into what happened. Photographs, videos, and witness statements can all contribute to reconstructing the sequence of events leading to the crash.

Truck Driver’s Cell Phone Records

Many truck accidents occur when a driver diverts their attention from the road. Texting is a common source of distraction on the road. Sending or reading a text takes your eyes off the road for 5 seconds.

At 55mph, reading or sending a text is like driving an entire football pitch with your eyes closed.

Cell phone records can reveal whether the truck driver was distracted by texting or talking during the accident.

Police Accident Report

The official police accident report will document the following details of the crash:

• Statements from drivers and witnesses
• Road conditions
• Weather conditions
• Traffic citations

A truck accident lawyer can use a police accident report to establish liability and prove your claim in court.

Truck’s Maintenance and Service History

The maintenance and service records of the truck can shed light on whether the vehicle was in proper working condition at the time of the accident. Neglected maintenance or mechanical issues can indicate that the trucking company or driver was negligent in ensuring the vehicle’s safety.

Truck Driver’s Logbook

The truck driver’s logbook records their service hours, rest breaks, and compliance with federal regulations. Discrepancies or violations in the logbook can suggest that the driver was fatigued or violated hours of service rules, potentially contributing to the accident.

Truck Driver’s Employment Records

Employment records can provide insights into the truck driver’s training, qualifications, and history of incidents or violations. These records can establish a pattern of behavior or negligence on the driver’s or employer’s part.

Medical Records

Your medical records can document the extent of your injuries, treatment received, and prognosis for recovery.

Here are a few medical records that can support your truck accident claim:

• Medical bills
• Diagnostic report
• Specialist report
• Prescription note
• Progress notes
• Medical history

A truck accident attorney can use medical records to prove the extent of your injuries and the value of your losses.

Your Bank Statements

Financial records, such as bank statements and receipts for medical bills or structural adjustments in your car, and other accident-related costs, can demonstrate the economic impact of the accident on your life.

A truck accident attorney can use bank statements to prove economic damages like medical expenses, lost income, or out-of-pocket expenses.

Expert Testimony

Expert witnesses, such as accident reconstruction specialists, medical professionals, or vocational experts, can provide informed reports and opinions to support your case. Their testimony can clarify complex issues and establish the at-fault party’s negligence.

Testimony from Friends and Family Members

Testimony from friends and family members who have witnessed the impact of the accident on your life can provide valuable insight into the physical, emotional, and financial toll of the crash. Their firsthand accounts can strengthen your compensation claim.

Eyewitness Statements

Eyewitness statements from individuals who saw the accident can corroborate your version of events and provide details about the circumstances leading to the crash. A truck accident attorney can use an eyewitness statement to establish negligence or support your claim.

You can rely on the support of a truck accident attorney to identify and gather relevant evidence that can support your personal injury claim or lawsuit.

Compensation for a Truck Accident 

You’re likely to endure physical injuries, emotional toll, and financial burden after a truck accident involving an uninsured truck driver. You have a right to pursue compensation for your injury-related losses.

Here are the damages you may be entitled to receive:

• Medical Expenses: Injuries sustained in a truck accident can result in significant medical bills, including hospital stays, surgeries, medications, and rehabilitation. These expenses can quickly add up, causing financial strain on you and your family.
• Out-of-Pocket Expenses: Beyond medical costs, you may incur out-of-pocket expenses such as transportation to medical appointments, home modifications for accessibility, or hiring help for daily tasks you can no longer perform due to your injuries.
• Lost Income: If you cannot work due to your injuries from the truck accident, you may be entitled to compensation for lost income. These damages include the earnings you have missed and any future income you will forego due to ongoing disabilities.
• Pain and Suffering: The physical pain and emotional suffering caused by a truck accident can take a toll on you. Compensation for pain and suffering can cater for intangible losses like chronic pain associated with the injury.
• Loss of Companionship: If the truck accident resulted in the loss of a loved one or impacted your relationship with a family member or spouse, you may be entitled to compensation for the loss of companionship and consortium.
• Emotional Anguish: The emotional impact of a truck accident can be overwhelming. From anxiety and depression to social phobia, you deserve compensation for these losses.
• Reduced Quality of Life: Serious injuries from a truck accident can reduce your quality of life. For instance, the inability to participate in activities you once enjoyed, changes in mobility, and overall decreased independence. Compensation for reduced quality of life aims to address these profound impacts on your daily life.
• Punitive Damages: A judge or jury can award punitive damages in a truck accident lawsuit. Punitive damages are meant to punish the at-fault party for egregious behavior and deter similar conduct in the future.

A truck accident attorney can evaluate the facts in your case and determine the applicable damages you can pursue.

How Can a Truck Accident Lawyer Help

Pursuing compensation from an insured driver can overwhelm anyone without legal knowledge. A truck accident lawyer can be your ally, guiding your decisions, highlighting your options, and holding your hand through the process.

Here’s how a truck accident attorney can help:

Negotiating With Insurance Providers

Insurers are notorious for playing down claims or making low settlement offers that barely cover your losses.

A skilled truck accident lawyer can step in and handle these negotiations on your behalf, ensuring that you are not taken advantage of by insurance companies seeking to minimize their payouts.

A truck accident attorney can also evaluate all offers and advise whether to accept or push for a higher settlement value. Most importantly, they will gather evidence to enhance your position during negotiations.

Representing You in Court

If a settlement cannot be reached outside of court, a truck accident lawyer will be prepared to represent you in a court of law.

They will present evidence, make opening and closing statements, cross-examine witnesses, and fight for a fair settlement for your losses.

A truck accident will also look for negotiation opportunities instead of taking your case to a full trial.

Adhering to Legal Timelines

All legal cases, including truck accident claims, must adhere to legal deadlines and claims. In Indiana, Pennsylvania, the statute of limitations requires an injured victim to initiate a truck accident lawsuit within two years.

A truck accident lawyer understands the applicable timelines in your case and will work to ensure you’re compliant.

Works on a Contingency Fee Arrangement

One of the notable advantages of working with a truck accident lawyer is that they typically work on a contingency fee basis. The payment plan means you do not have to worry about upfront costs or fees.

Instead, a truck accident lawyer will only receive payment if they secure a favorable outcome in your case. The contingency-fee arrangement allows you to pursue legal rights without further financial strain.

Discover Your Options With the Help of a Truck Accident Attorney

Your life is likely to worsen after being injured in a truck crash involving an insured driver. You may face hefty medical bills, inability to work, or inability to participate in enjoyable activities. You, therefore, deserve compensation for the accident-related losses.

Although you can pursue compensation through a lawsuit, you’ll likely face resistance from the negligent truck driver. A truck accident attorney will compile strong evidence and make compelling arguments in court so you’re fully compensated for your losses.

Get in touch with a truck accident lawyer for legal support.