An accident with an uninsured truck driver creates a challenging and complicated situation for everyone involved. However, those injured due to the trucker’s negligent behaviors aren’t without recourse when seeking compensation.
Berry Law empowers and supports truck accident victims in pursuing justice. We have seen the devastating effects an uninsured trucker’s actions can have on innocent lives, and we are committed to helping our clients understand how to confidently pursue a personal injury claim or lawsuit.
Our truck accident lawyers can help clients understand what to do, how to protect their rights, and how to recover maximum compensation if an accident occurs with an uninsured truck driver.
Are Truck Drivers Required to Have Insurance?
In the United States, commercial truck drivers are required to carry a minimum amount of insurance coverage. Each state also has its own specific requirements.
Failure to maintain this minimum insurance coverage is a violation of federal regulations and can result in serious penalties for trucking companies and drivers.
However, despite these requirements, there are still instances where an uninsured truck driver may cause an accident.
What Can I Do If I Was Involved in an Accident With an Uninsured Truck Driver?
Depending on state laws where the accident occurred and the specific circumstances of the incident, possible actions to take after an accident with an uninsured commercial truck include:
- File an uninsured/underinsured motorist claim: This type of insurance coverage protects injured parties in the event of a collision with an uninsured or underinsured driver. This happens with the impacted driver’s personal insurance company.
- Pursue a personal injury lawsuit: If uninsured motorist protection is insufficient to cover the full extent of damages and losses, injured parties may need to file a truck accident lawsuit against the truck driver and/or their employer to seek compensation.
Both of these actions are more easily navigated with the help of an experienced truck accident attorney. With their guidance, accident survivors can:
- Understand their legal rights and options
- Understand what evidence is needed to build a strong and compelling case for compensation
- Have an aggressive advocate negotiating for compensation of all current and future damages or losses
- Avoid the common obstacles to receiving compensation, such as unscrupulous insurance company tactics or trucking company lawyers trying to pin the blame solely on the injured party
Furthermore, an experienced attorney can help injured parties meet all filing deadlines and fill out complicated paperwork required by insurance companies or the court.
Who is Responsible for Paying For Damages in an Accident With AN Uninsured Truck Driver?
Multiple parties could be responsible for covering accident injuries and losses when the truck driver is uninsured, including:
- The truck driver may be personally liable for any damages they caused while operating their vehicle without insurance. Compensation may be pursued in a personal injury lawsuit.
- The truck driver’s employer may also be responsible if it was negligent in ensuring the driver had proper insurance coverage.
- The trucking company may also be held responsible if it is determined that the driver was operating the vehicle within the scope of their employment at the time of the accident.
The complexities of figuring out who is liable in an accident with an uninsured truck driver make it essential to have the guidance and representation of an experienced attorney.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Much Can I Receive After an Uninsured Motorist Accident?
There are multiple avenues for compensation after an accident with an uninsured truck or driver. The first avenue is typically through the injured party’s own uninsured/underinsured motorist coverage.
In states where this coverage is mandatory, such as Nebraska, this means a potential payment up to minimum policy limits of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.
In states where it is not required, such as Iowa, this means a payment of up to $40,000, depending on the individual policy.
Unfortunately, just because drivers carry this insurance does not mean that they will automatically receive this amount. It also does not mean that this amount is enough to cover all expenses related to the accident.
When insurance companies won’t or can’t cover the full extent of damages, injured parties may need to pursue a personal injury lawsuit. In this case, compensation can vary greatly depending on factors such as:
- Severity and permanency of injuries
- The impact on quality of life
- The level of negligence the truck driver, their employer, or the trucking company showed
Based on these factors, injured parties could see compensation for:
- Medical expenses, both current and future
- Lost wages or loss of earning capacity
- Pain and suffering damages
- Emotional distress
- Long-term care needs
- Out-of-pocket expenses
Because there is no set standard for compensation in personal injury lawsuits, the total settlement will depend heavily on the strength of evidence and a lawyer’s ability to advocate for maximum compensation.
What Should I Do After an Accident With an Uninsured Truck Driver?
Many states, including Nebraska and Iowa, require drivers to call the police if an accident results in injury or damage over a certain threshold. This is important for establishing evidence of what happened and how much damage was incurred.
Other important steps to take after a truck accident with an uninsured driver include:
- Seeking follow-up medical care: Seeing a doctor can help diagnose and treat injuries and bolster a claim for maximum compensation for current and future damages or losses.
- Never admitting fault: Many accident victims make the mistake of unintentionally admitting fault during the investigation process. Statements such as, “I didn’t see the truck coming” or “I’m sorry, I must have been distracted” can be used against the injured party when seeking compensation.
- Hiring a truck accident attorney: As soon as possible after the accident, it is essential to seek guidance from an experienced attorney to avoid missteps that reduce compensation. They can help with all aspects of building a strong case and navigating the legal process.
Performing these tasks as soon as possible after an accident ensures the best chance of receiving appropriate compensation for any injuries or losses incurred. With the statute of limitations ticking away, acting quickly to secure a favorable outcome is important.
Uninsured Truck Driver FAQs
How do I know if the truck driver was uninsured?
This should be revealed when the police show up on the scene and documented in their report. It is also possible to check with the Department of Motor Vehicles for verification of insurance.
What is the difference between uninsured and underinsured?
Uninsured refers to a driver who does not have any insurance coverage at all. Underinsured refers to a driver who has some insurance coverage, but it is not enough to cover the full extent of damages or losses incurred in an accident.
What if I don’t have uninsured/underinsured motorist coverage?
Those without this coverage will likely need to pursue a personal injury lawsuit against the truck driver, their employer, or the trucking company in order to seek compensation for damages.
What if I can’t afford an attorney?
Many attorneys who handle personal injury cases work on a contingency fee basis. This means they only get paid if they secure a favorable outcome for the client. In these cases, the attorney’s fees are taken as a percentage of the compensation awarded, so there is no upfront cost for representation.
Will I have to go to court?
Not necessarily. Many personal injury cases are settled through negotiations with insurance companies without having to go to trial. However, if an appropriate settlement cannot be reached, it may be necessary to take the case to court to seek compensation.
Navigate the Complexities of Uninsured Truck Driver Accidents With the Help Of Berry Law
Being in an accident is always stressful, but it can be even more complicated when the responsible party is an uninsured truck driver. Fortunately, with the help of experienced personal injury lawyers from Berry Law, injured parties don’t have to navigate this complex legal process alone.
Our team has years of experience in handling truck accident cases and can help accident victims seek the compensation they deserve.
Contact our personal injury law firm online or at (402) 466-8444 to learn how we can help recover the compensation needed to move forward after an accident with an uninsured truck driver.
