What are My Rights After a Truck Accident?
Posted Friday, September 27, 2019 by Chris Thayer
As one of the busiest and fastest growing parts of the country, the Seattle metro region can be notoriously congested. Large 18-wheelers must navigate the busy streets, as well as make deliveries on treacherous hills and difficult terrain. Add to this the fact that Washington State also gets its share of bad weather, and you have got a recipe for potential disasters. Sadly, each year, many people are seriously hurt or killed by dangerous truck drivers who fail to follow basic road rules.
If you have been injured by a semi-truck driver, you need to seriously consider your options before speaking to an insurance adjuster or company rep. These people will want to immediately settle out to make you go away, but at Pivotal Law Group, we keep things fair. Understanding your rights is one of the biggest benefits of working with an experienced truck accident lawyer.
*Right to Counsel* No matter what anyone tells you, you always have the right to hire an attorney and let him or her deal with the trucking company and insurance carrier. If anyone tries to tell you they “cannot” talk to your lawyer, then they are lying.
*Right to Compensation* You actually have a Constitutional right to pursue compensation. It is right in the Seventh Amendment to the U.S. Constitution, which guarantees that you have the right to file suit against someone who owes you money. Make no mistake: Serious trucking collisions will cost you money. You can potentially recover money for:
- Pain and suffering
- Lost time from work
- Medical expenses
- Emotional distress (in limited circumstances)
- Loss of enjoyment of life
- Wrongful death compensation (if you lose a loved one)
*Right to Fair Insurance Claims Handling* The Washington Insurance Commissioner actually promulgates rules for how insurance claims must be handled. Very few people other than insurance claims adjusters and experienced personal injury attorneys know these regulations because they can be a bit obscure. However, they dictate how insurance companies can treat claims. They tell adjusters how long they have to make decisions, and they even set forth many of the basic rights a victim has. If the insurance carrier wrongfully denies a valid claim, they can even be subjected to additional legal actions for something called “bad faith.” Though rare, having a skilled attorney at your side will reduce the chances of this happening, and if it does, it will help to ensure you are compensated for it.
*Right to Privacy* While it is true that initiating a lawsuit or injury claim will open you to some scrutiny about your medical history and your injuries, this is not unlimited. When a person is hurt in an auto or truck accident, the insurance company will generally send template healthcare releases, asking the person to sign and return them in order to be compensated. These forms often give the insurance company complete and unrestricted access to the victim’s entire medical history. In most cases, this is an unnecessary and overreaching intrusion.
At Pivotal Law Group, we work to protect our clients from overreaching and unfair practices. If you would like to learn more or need to schedule a free consultation to discuss your truck accident in Seattle or a neighboring community, give us a call today.