St. Louis Construction Vehicle Accident Attorneys
Trucks, bulky equipment, and machinery are common on construction sites. Large and powerful construction trucks are necessary to move debris and heavy materials, such as gravel, concrete, steel, and lumber. Unfortunately, they’re dangerous vehicles that can cause devastating injuries if they collide with a car.
An accident with a construction truck can lead to lifelong pain and property damage. Some accidents could even cause fatalities. With these powerful vehicles on the road, anyone who crosses their path is at risk of physical harm.
If you were hurt in a construction vehicle accident, the dedicated attorneys at OnderLaw, LLC will work tirelessly to help you recover the maximum financial compensation for your losses. You shouldn’t have to pay for your medical expenses and losses when someone else’s negligence caused your injuries.
Contact our truck accident attorneys today at (314) 963-9000 to schedule your free, no-obligation consultation. We’ll discuss your accident in detail and provide a straightforward assessment of your case.
Proving Negligence After a Construction Vehicle Accident
Commercial trucks, including vehicles that load construction materials, are regulated by state and federal laws. The Federal Motor Carrier Safety Administration (FMCSA) creates and enforces regulations within the trucking industry. If the truck driver or the trucking company involved in your case failed to meet those standards, they could be held liable for your damages.
When a truck driver is on the road, they need a vehicle that is safe to drive and secure cargo during the trip. They should also follow precautions to decrease the risk of rear-end collisions and accidents while making turns. Standards the FMCSA enforce include the following:
- Proper licensing and training for commercial drivers
- Impaired driving (drivers with a BAC over .04% can get charged with a DUI)
- Weight and size of the cargo
- Total weight of the truck
- Maintenance and inspection requirements
Evidence of any negligence, such as reckless driving, equipment defects, an expired registration, drowsy driving, ignoring blind spots, or driving under the influence could help you prove liability on the part of the other party involved in your accident. When you’re going after the person who caused your collision with a construction vehicle, you might be entitled to compensation from one or more of the following parties:
- Construction truck company, if the truck is a rental
- The construction company, if they own the truck
- Construction vehicle driver
- Liability insurance company
If you were the victim of a construction vehicle accident, you should seek legal representation. A St. Louis construction vehicle accident lawyer can help you gather evidence and investigate your claim. OnderLaw, LLC understands the complex nature of insurance claims and litigating cases. We will handle all aspects of your case and fight for the maximum financial award available.
Steps You Should Take After a Construction Vehicle Accident
If you get injured by a construction truck, there are important steps you need to take to ensure the insurance claim you file is successful:
- Call the police to the scene. Make sure they write up a traffic crash report and request a copy of it when it’s available.
- Take photos of the crash site, including damage to both vehicles and any debris, skid marks, or other relevant details to the accident.
- Speak to people who witnessed the collision and get their names and phone numbers.
- Exchange insurance information with the trucker and write down the name and contact information of their employer.
- Go to a doctor for a medical evaluation of your injuries. Continue treatment with any doctors they refer you to until you get released from care.
- Obtain copies of all your medical records, billing statements, prescriptions, receipts, and out of pocket expenses related to your treatment.
- Hire a St. Louis construction vehicle accident lawyer to file your claim and negotiate a fair settlement on your behalf.
How Much Compensation Can I Expect from a Claim?
The maximum compensation available depends on the information related to the construction vehicle crash and the type of injuries you sustained. To determine the value of your case, an insurance adjuster will review the following details:
- The severity of your injury
- Amount of time it took you to recover
- If you require future treatment
- Duration of time before you were able to return to work
- Your total medical expenses
- Your additional costs
- How the injury affected your daily habits and lifestyle
- Liability coverage on the trucker’s or trucking company’s policy
- Availability of sufficient evidence
Victims of construction vehicle accidents want to recover compensation that pays for their total expenses. Some need just a few months of physical therapy, while others end up with a permanent disability, requiring long-term treatment. The damages available in an insurance claim include:
- Medical bills
- Future medical costs
- Lost income and future wages
- Physical impairment or disfigurement
- Mental trauma
- Pain and suffering
- Loss of consortium
Your attorney will help you understand the extent of the compensation you may be able to recover after your construction vehicle accident.
The Benefits of Hiring a Lawyer
Victims of construction vehicle accidents sometimes attempt to file their own insurance claims without seeking the help of a lawyer. That could end up being detrimental to the outcome of the case. You might think the claims process is easy, and you can figure it out on your own. However, it’s complex, and there are multiple traps you could fall into that the insurance carriers set.
OnderLaw, LLC will take care of everything for you, from filing the claim to negotiating a settlement with the adjuster. We understand the strict deadlines we need to follow and documentation the insurance companies require. They usually offer unrepresented parties the lowest settlement possible to close out the file quickly and move onto the next claim.
When a lawyer is by your side, they can do the legal legwork for you and keep you updated at every step. If an insurance adjuster sends you documents to sign, make sure you review them with your lawyer first. Oftentimes, the insurance company will try to get you to release information, such as your medical history, to try to find details they can use to deny your claim.
What Should You Do If Your Claim Is Denied?
When liability is obvious in a construction vehicle truck case, the insurance company will most likely settle. However, it’s possible the insurance company could deny your claim. While some reasons may be valid, others leave room for you to appeal the decision.
The most common reasons for an adjuster denying a claim include:
- You could have prevented the accident from happening
- You didn’t seek treatment immediately after the collision
- Your medical records don’t indicate an injury or they indicate that the injury occurred because of another incident
- Your injury existed before the crash because of a preexisting condition
- An exclusion in the insurance policy doesn’t cover the specific accident or injury you suffered
- The truck driver’s liability insurance policy lapsed before the car wreck occurred
- You failed to notify the insurance carrier within the timeframe listed on the policy
If you believe the adjuster doesn’t have a valid reason for denying your claim, you have a right to appeal the denial. Our St. Louis construction vehicle accident lawyer will make sure your rights stay protected, and the insurance company doesn’t take advantage of you. Whether you’re about to start the claims process or need help with an appeal, we have the resources and experience to help.
What If the Truck Driver Doesn’t Have Insurance?
Missouri law requires all motorists to carry liability insurance. However, some people let their policies lapse, and if they get into an accident, the injured party won’t be able to pursue compensation from the liability insurance carrier. If the trucker doesn’t have insurance, you have several options for getting compensated for your damages.
UM Insurance: Uninsured/underinsured motorist coverage is available in a driver’s insurance policy. Depending on the limits you chose, your UM insurance can potentially pay for your medical treatment and vehicle repairs.
Trucking Company Insurance: Companies hold liability insurance, so victims of accidents can collect compensation for their injuries. You can file a claim with the trucking company’s carrier to pay for any necessary medical care.
Personal Injury Lawsuit: You can sue the driver and trucking company for a financial award. If you believe their actions were completely careless, you can pursue punitive damages in a lawsuit. Punitive damages punish the liable individual and aim to prevent negligent behavior from happening again.
Contact OnderLaw, LLC to Schedule Your Free Consultation
The St. Louis truck accident lawyers from OnderLaw, LLC will help you fight for the justice you deserve. We offer a free case evaluation to determine if you have a strong case to pursue financial compensation. We believe those who cause motor vehicle crashes should pay for injured individual’s expenses. You won’t have to go through this alone. We’ll be with you throughout your entire case and work diligently to meet your needs.
To find out how we can help you if you were the victim of a construction vehicle accident, contact us at (314) 963-9000.