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The Impact of Prior Violations on Commercial Trucking Insurance Claims

June 26, 2023

In the world of commercial trucking, insurance claims can be complex. There are several factors to consider, and one that often comes into play is the history of prior violations committed by the truck driver or the trucking company. How do these prior violations impact insurance claims? Let's delve deeper.


The Impact of Prior Violations on Commercial Trucking Insurance Claims



A commercial truck driver or trucking company's track record can significantly influence an insurance claim. If there have been prior violations, such as past accidents, traffic rule infringements, or non-compliance with safety regulations, it can potentially affect the insurance claim process. These violations may be seen as indicators of negligent behavior, which can influence how the insurance company and legal parties perceive the responsibility of the accident. 


Consequently, if the party responsible for the accident has prior violations, the insurance company may decide to increase their liability in the accident. This could result in a higher compensation payout for the victim. Conversely, if the victim of the accident has prior violations, it could potentially decrease the amount of compensation they receive.


Benefits of Hiring an Attorney 


Understanding the nuances of commercial trucking insurance claims can be challenging. However, hiring an experienced attorney can make this process less daunting. An attorney can help in several ways, including understanding how prior violations can impact your claim. 


Firstly, they can help investigate and gather information about the responsible party's previous violations, which can be crucial evidence in your case. Additionally, they can advise you on how these violations might influence your claim and can build a strategy accordingly. 


The Legal Process: What to Expect 


The legal process typically begins with the investigation of the accident. This might involve gathering evidence from the accident scene, interviewing witnesses, and obtaining records of prior violations. 


If it's determined that the responsible party has prior violations, this information can then be used to negotiate a fair settlement with the insurance company. However, if a satisfactory settlement cannot be reached, your attorney might decide to file a lawsuit. 


While every case is unique and can involve different legal procedures based on its specifics, one thing remains consistent: the commitment of a dedicated attorney to fight for your rights and help you navigate the complexities of the legal process.


If you or a loved one has been involved in a commercial trucking accident, and you believe that the other party's prior violations may impact your claim, it's crucial to get legal assistance. Navigate to the "Lawyers" page on our website to find a skilled attorney who can provide guidance, build a strong case on your behalf, and ensure your rights are upheld. With their expertise, they can help ensure that the complexities of your case, including the impact of prior violations, are properly addressed to secure a fair resolution.


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