How to Avoid Common Delays in Truck Accident Claims

Texas has more truck accidents every year than any other state in the country. While accident victims can often file a claim against the truck driver, trucking company, or another entity to recover compensation for their losses, these claims are often lengthy and complex. Although accident victims cannot entirely avoid all delays in these claims, there are some things you can do to speed things along when filing your claim. Our San Antonio 18-wheeler accident attorney outlines what these are below.

Continued Medical Treatment

Accident victims require extensive medical treatment after a collision with a truck. Surgery, physical therapy, and other medical treatment can take time and it is often months, or even years, before injured individuals make a full recovery. It is important that you reach maximum medical improvement, meaning your condition will not get any better or worse, before filing your claim. This is the only way to determine what medical treatment you may need in the future.

While you cannot necessarily speed up medical treatment, it is important to see a doctor right away after any crash and to follow all of your doctor’s recommendations timely. This will ensure you begin treatment as soon as possible so you can also reach maximum medical improvement sooner.

Intentional Insurance Delays

The insurance companies that represent large trucking companies use a number of strategies to delay claims. They may ask you for unnecessary documentation, stall negotiations, or take weeks to respond to your communications. These delays are intentional. The insurance company is hoping that you will become frustrated by the process and give up. To avoid intentional delays by the insurer, work with an attorney who can deal with them on your behalf and overcome their common delay tactics.

Destroyed or Missing Evidence

It is critical that evidence after a truck accident is collected immediately. Important evidence such as truck driver logbooks, maintenance logs, and black box data can quickly disappear, particularly if they indicate the trucker or trucking company was at fault. If the evidence is not properly preserved, you will have to go through the courts to recover what is left. This can add months to your case. Instead, work with an attorney who can send the trucking company a spoliation letter that legally requires them to keep all pertinent evidence.

Backlogs in San Antonio Courts

The courts in San Antonio often have overloaded dockets and a first trial setting usually will be 12-18 months after the filing of the lawsuit. Although there is nothing you can do about the court’s calendar, you can prevent further delays by ensuring you are fully prepared. Working with an attorney, they will ensure that filings and evidence are submitted early to avoid setbacks or rescheduling.

Our 18-Wheeler Accident Attorney in San Antonio Can Help You Avoid Delays

When filing a truck accident claim, it is critical that you receive the compensation you need as soon as possible. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident attorney can help you avoid the above delays and any others so your case is finalized as quickly as possible and you can move on from the crash. Call us now at 210-LAW-9999 or chat with us online to request a consultation and to learn more about how we can help.

Source:

law.cornell.edu/wex/negligence