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Crashes involving large trucks are unfortunately common in Idaho. The combination of severe weather, mountain driving, and miles and miles of highways result in significant hazards, especially for large commercial vehicles.
Most deaths recorded in large trucks involve passengers of smaller vehicles. Trucks often weigh 20-30 times as much as passenger vehicles and have higher ground clearance, which can lead to smaller vehicles crashing below large trucks.
The sheer weight and size of large trucks contribute to severe injuries. You may be entitled to compensation if injured in a truck accident caused by someone else’s negligence. A trusted truck accident attorney from Andrew Injury Law in Mountain Home, ID, can provide legal support as you pursue compensation from the at-fault party.
What Steps Should I Take Immediately After a Truck Accident in Mountain Home, ID?
If safe, move yourself and the vehicle to the side of the road. If a passenger or pedestrian is injured, call 911. Your priority should be to prevent anyone else from getting injured or worsening the current damage.
Under Idaho law, a motorist must report a crash to a law enforcement officer if any of the following circumstances are present:
Property damage worth at least two thousand five hundred dollars, $1,500.
Despite the above requirements, you should inform the police about any crash. When a law enforcement officer arrives at the scene, they’ll create a report you can rely on to file an insurance or lawsuit against the at-fault party.
Gather Accident-Related Information
You’ll want to gather information about the crash if you are involved in a truck accident. Most truck accidents cause devastating injuries and fatalities. Details of how the collision occurred can set a foundation for obtaining compensation for your injury-related losses.
Name, address, contact details, license plate number, and driver’s license number of the party involved in the crash
Name and contact details of passengers and bystanders at the crash scene
A copy of the police accident report from a law enforcement officer, if available
Images of the damage to the vehicles
Photographs of the crash scene
Collect as much information as possible at the crash scene because most details become lost as time moves on.
Regardless of whether the at-fault driver pays for the losses, you should always inform your insurer about the crash. Your insurer can compensate for the losses if the negligent driver has insufficient insurance.
What Should I Do if Contacted by the Truck Driver’s Insurance Company?
The truck driver’s insurer can contact you immediately after the crash. They intend to understand what happened during the collision, determine the cause, and possibly get your statement.
Insurers call you as a strategy to justify low-ball settlement offers or decline to compensate you for the losses.
Keep your conversation brief
Do not accept blame for the crash
Do not provide a written statement about the crash
Do not commence settlement negotiations without an attorney
Get in touch with a truck accident attorney from Andrew Injury Law
In the aftermath of a truck accident, you may be confused about the appropriate steps, including whether to hire an attorney. While many injured victims obtain compensation from the at-fault party’s insurer, working with an attorney enhances the chances of receiving a fair settlement value for your losses.
Hiring a truck accident attorney from Andrew Injury Law is a positive step in protecting your rights as an injured victim.
Effective negotiations form a foundation for a fair settlement value for your losses.
When you hire a truck accident lawyer, you’ll have an advocate to provide legal support after a crash. This professional will guide you through the complex legal process, ensuring your rights are protected. Hiring a local truck accident attorney from Andrew Injury Law offers several key benefits.
A lawyer will work on maximizing your claim’s value. They’ll thoroughly evaluate your case, identifying all applicable damages. By gathering compelling evidence, they can potentially increase your settlement amount.
Your attorney will provide comprehensive case management, handling all aspects of your claim. This includes collecting evidence, assessing damages, managing litigation, and negotiating settlements. By taking care of these technical details, your lawyer allows you to focus on your physical and emotional recovery.
An experienced truck accident attorney brings peace of mind, reducing the stress of dealing with legal proceedings. They navigate the complex legal system on your behalf, answering your questions and keeping you informed throughout the process. Additionally, most lawyers work on a contingency fee basis, meaning you only pay if they win your case.
Perhaps most importantly, your lawyer will serve as a skilled negotiator, effectively dealing with insurance companies that often try to minimize payouts. They’ll use their legal knowledge to secure a fair settlement for you. Lawyers also have access to valuable resources, including networks of professionals who can provide crucial testimony to strengthen your case.
Each truck accident case is unique. The damages you can receive depend on the unique facts and circumstances.
Even so, you can receive the following types of damages in a truck accident claim:
Economic damages refer to the financial losses you’ve experienced, or you’ll experience due to injuries caused by the at-fault party. You can allocate a direct dollar value on these damages because they comprise a tangible loss.
If you sustain an injury in a truck accident, you’ll incur medical expenses during the treatment plan. The settlement for the truck accident must include any medical expenses you’ve incurred up to the time of the claim and future bills related to the injury.
Some of the medical expenses you can recover in a truck accident include:
When injured, you may not work according to your usual standards. Your injury may force you to take sick leave, miss work, or quit your job and have your wages discontinued. You deserve compensation for the financial losses you’ve incurred due to missed work or being forced to work at a reduced capacity.
If your injuries affect your ability to earn a living, the settlement value should include the loss of earning capacity. The extent of impairment, age, and future earning potential play a part in establishing the earnings you’ll lose due to the injury.
Out-of-Pocket Expenses
Examples of out-of-pocket expenses include:
A judge or jury can award punitive damages if the defendant acted recklessly or with gross disregard for the safety of the injured victim. In most cases, punitive damages punish the defendant for serious misconduct. Further, judges issue punitive damages to deter the defendant and others from engaging in the misconduct that led to the accident or injury.
It may be challenging to allocate the value of pain and suffering damages associated with an injury. Even so, it is necessary for insurers to find a value to provide a basis for settlement negotiations.
Under the multiplier method, insurers multiply the economic losses by a specific factor to determine the non-economic damages. The value of the multiplier can be 1.5 to 5, with truck accident victims with severe injuries qualifying for a higher multiplier.
In Idaho, you have a right to file a personal injury claim against the other party even when you might be partially at fault for the crash. The state applies modified comparative negligence rules, meaning you can recover compensation if you’re not more than 50% at fault for the crash.
However, your percentage of fault will reduce the value of your compensation. If the injured victim is found to be more than 50% at fault for the accident, they can not recover damages.
There are several ways to determine fault in a truck accident, including:
The insurer and law enforcement agencies will evaluate the physical evidence to determine the at-fault party. For instance, an investigator can rely on skid marks or the nature of the vehicle damage to establish the liable party.
If the physical evidence doesn’t provide a pointer on the liable party, an attorney can rely on an accident reconstruction expert to apportion the fault. An accident reconstruction expert relies on aspects such as position on the road, direction of travel, rotation, and heading or facing direction.
If one of the drivers violated the law during the accident, they may be considered at fault. Common traffic violations include running red lights, speeding, and failure to yield the right of way.
Your attorney can use a traffic citation to prove fault on the other party.
A statement from an eyewitness at the crash scene can supplement other evidence sources. A witness is any other party at the scene of the accident, including passengers, pedestrians, and bystanders who saw the crash.
A law enforcement officer may also act as a witness based on the evidence they obtained at the scene.
In Idaho, the statute of limitations for truck accident lawsuits is two years from the date of the injury. You may lose your right to compensation if you file the lawsuit beyond the two-year deadline.
However, exceptions to the rule include claims involving minors, the discovery rule, and truck accident claims against a government agency or its employees.
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The burden of proof lies with the injured victim. Therefore, they must investigate the cause of an accident to obtain compensation for their losses. A truck accident attorney can investigate the crash to form a basis for demanding a fair settlement value for your losses.
The critical steps of an investigation include:
The common causes of truck accidents in Mountain Home include:
Due to large trucks’ massive size, longer stopping distances, and decreased maneuverability, road users are at risk of devastating accidents.
Common injuries associated with truck accidents include:
If a loved one died in a truck accident caused by someone else, you can initiate a wrongful death claim. In Idaho, a person’s spouse, parents, children, heirs, or personal representative can file a claim.
Your ability to recover from an injury depends on the settlement value you obtain for your losses. You must initiate different personal injury claims if several parties are at fault for your losses.
A truck accident attorney from Andrew Injury Law is your best ally in pursuing compensation for those responsible for the accident. They will investigate, file claims, initiate settlement negotiations, or litigate the matter to achieve the best outcome.
Suppose you’ve sustained a severely broken arm in a crash involving a speeding truck driver. In that case, you may endure hefty medical expenses and reduced quality of life due to the inability to participate in your favorite activities.
You, therefore, deserve representation from an experienced attorney who’ll aggressively protect your right to compensation.
Andrew Injury Law is a highly skilled truck accident attorney with a track record of obtaining fair settlements on behalf of injured victims. Contact us online or at 208-517-7670 to request a free consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case