No one ever expects to be involved in a collision with a dump truck. However, these enormous vehicles have been known to cause life-threatening injuries. If you have suffered substantial and life-altering damages as a result of your injuries, you may have the right to financial compensation.
However, if the claims process is overwhelming, you may be hesitant to move forward with your claim. If this sounds like what you are going through, you are not alone.
You can get help navigating the claims process and find out more about how much your case could be worse when you meet with a dedicated West Memphis personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. Contact our team for a free consultation today if you are ready to start working on your case.
Where to Start with a Dump Truck Accident Claim in West Memphis
After being involved in a collision with a dump truck, it is easy to feel overwhelmed, confused, and worried about what to do next. Fortunately, the sooner you get started working on your case, the better. Although the last thing you may want to be dealing with is an insurance claim or trial, doing so is going to be your best opportunity to recover the compensation you are entitled to.
This will give you your greatest chance to begin rebuilding your life sooner rather than later. Your dump truck accident lawyer in West Memphis, AR will be by your side every step of the way to guide you through the claims process and help you secure total restitution.
Grounds for a Dump Truck Accident Lawsuit
To get started with your dump truck accident claim, we will first examine whether your case meets the grounds necessary for an insurance claim or civil lawsuit. We will need to be able to show that someone else is responsible for causing your injuries and that the dump truck accident has had a significant impact on your life in some way.
Your dump truck accident lawyer will go over the evidence at hand to determine whether we should open up a formal investigation in your case. If we have even the slightest indication that another party could be responsible for causing your injuries, we will be prepared to move forward with your case.
Many dump truck accident victims have concerns that their injuries are not catastrophic enough to move forward with a claim. However, as long as we can demonstrate that your injuries or the accident itself have substantially affected your ability to live your life normally, you may be entitled to justice for your damages.
When to File a Dump Truck Accident Insurance Claim
Filing an insurance claim is one of the top ways to recover compensation after a collision or accident. Arkansas follows a fault-based system for insurance claims. When you are in an accident, and someone else is responsible, you file a claim with their insurer instead of filing a claim with your own.
However, in dealing with the at-fault party’s insurance company, do not be surprised if you receive significant pushback. Insurance companies lose money by settling claims of any kind. Your dump truck accident attorney in West Memphis, AR will be prepared to protect you from being blamed for causing the accident and hold the insurance company accountable for their obligations as described in the policy and question.
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Liable Parties and Who to Sue for Your Dump Truck Accident Damages
For the vast majority of claims to be successful, your dump truck accident attorney will need to prove another party is at fault for your damages. Here are some of the parties who could be named liable in your insurance and civil claims:
Construction Site Owners
Dump trucks are frequently used on construction sites. The construction site owners could share liability for your damages if the conditions on the site were not safe.
For example, if the construction site owners failed to remove worksite hazards, implement safety signs, or take other measures to ensure construction workers were aware of any potentially hazardous conditions, they could be sued for your damages.
Negligent dump truck operators could also be at-fault for your damages. When dump truck operators who lack the necessary skills or licensing to operate a dump truck do so, they can make life-threatening mistakes.
Dump truck operators who attempt to operate these pieces of equipment while under the influence of drugs or alcohol may also be putting themselves and others at risk for severe injury or death.
Dump Truck Companies
The dump truck companies can be sued when they fail to make necessary repairs to existing dump trucks, perform necessary safety inspections, and higher dump truck operators who have the skills and experience needed to operate the equipment safely.
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Dump Truck Accident Claim Complications to Prepare For
There are multiple legal issues you should prepare to deal with after a dump truck accident. Here are some of the most common:
Pushback from Insurers
It is not uncommon for insurance companies to delay the processing of insurance claims or deny them outright. You still have the right to compensation for your losses through an insurance claim if the at-fault party is insured. Your attorney will review the circumstances of your case in detail to ensure the insurance company is compelled to settle your case reasonably.
Being Blamed for Causing the Dump Truck Accident
Arkansas follows modified comparative negligence rules with a 50% bar threshold. It is not unusual for liable parties to blame the injury victim for causing the accident because sharing faults can reduce the at-fault party’s financial liability.
Your injury settlement would be reduced to account for your percentage of the accident. Fortunately, your West Memphis dump truck accident attorney will be by your side to ensure culpability is assessed fairly in your case.
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Whether you are seeking worker’s compensation benefits, restitution in civil court, or are pursuing a claim with the insurance company, you have the right to be compensated for every loss.
If you are feeling scared or confused, having the legal support of a reputable West Memphis dump truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC could give you the confidence you need to move forward with your claim. Fill out our quick contact form or call our office to schedule your free case review as soon as today.