Winter months bring a unique set of challenges for drivers on the road, particularly for large commercial trucks. The combination of snow, ice, and freezing temperatures can make road conditions hazardous, leading to an increased risk of trucking accidents. If you or a loved one have been involved in a trucking accident during the winter, navigating the insurance claims process can be even more complicated.
Below, we outline key steps for handling insurance claims after a winter trucking accident and how you can protect your legal rights.
1. Understand Winter-Specific Challenges
Winter weather creates an added layer of complexity to trucking accidents. Trucks, particularly 18-wheelers, are prone to sliding on icy roads or losing control in heavy snow. These conditions make it more difficult to stop or maneuver safely. In winter accidents, insurance companies may argue that adverse weather conditions, rather than the driver or company’s negligence, were the primary cause of the accident.
This is why it’s crucial to gather detailed evidence and work with an experienced attorney who can prove that negligence or other preventable factors—such as speeding, poor maintenance, or improper loading—contributed to the accident.
2. Document the Scene Thoroughly
If you’re involved in a trucking accident, one of the most important things you can do is document the scene. This becomes even more critical during the winter when adverse conditions can obscure key details. Here's what you should do:
- Take Photos: Photograph the truck, any other vehicles involved, road conditions, skid marks, weather conditions (e.g., snow or ice), and any damage.
- Record Environmental Details: Make note of the weather, visibility, and the condition of the road. These details can help bolster your case if insurance companies argue the weather caused the accident.
- Obtain Witness Statements: If there were any witnesses, get their contact information and record their observations. Winter accidents can be more confusing, and witness testimonies can help clarify what happened.
3. Contact Your Insurance Company Immediately
After ensuring your safety and documenting the scene, contact your insurance company as soon as possible. Winter accidents often lead to multiple claims, especially in areas with frequent snowstorms, so filing early can help expedite the process.
When speaking to your insurance company, provide the facts but avoid speculating about fault or admitting any liability. Stick to the details and let your attorney handle any discussions related to fault.
4. Expect Delays During the Claims Process
Winter accidents can cause a backlog of insurance claims, especially if a major snowstorm or extreme weather event is affecting multiple vehicles. The insurance claims process can take longer than usual during these months, so it’s important to be patient while still being proactive in following up on the status of your claim.
To avoid further delays, ensure that you have all necessary documentation ready, such as photos, witness statements, police reports, and medical records. Keep a record of every communication with your insurance company, including dates, times, and the names of representatives you’ve spoken to.
5. Seek Legal Assistance Early
Winter trucking accidents can involve multiple parties: the driver, the trucking company, the vehicle manufacturer, or the party responsible for maintaining the truck. Insurance companies may try to minimize payouts by placing the blame on winter weather rather than negligence.
Hiring an attorney experienced in truck accident cases is essential during the winter months. At our firm, we specialize in handling truck accident cases, particularly those involving semi-trucks and 18-wheelers. We understand the intricacies of negotiating with insurance companies during winter conditions and will fight to ensure you receive the compensation you deserve.
6. Prove Negligence
Even in winter conditions, trucking companies and drivers are required to operate with care. This includes properly maintaining their vehicles, adjusting driving behavior to road conditions, and ensuring trucks are loaded correctly. Your attorney will investigate all possible avenues of negligence, from inadequate tire maintenance to reckless driving, and ensure that the insurance company cannot blame the accident solely on weather conditions.
Let Us Handle Your Winter Truck Accident Claim—Get Your Free Consultation Now!
If you’ve been involved in a trucking accident during the winter, don’t let insurance companies take advantage of you. Our firm specializes in winter trucking accidents and can help ensure you get the compensation you deserve for your injuries and damages. We understand the unique challenges winter accidents present and are here to guide you through the insurance claims process.
Reach out to Shamberg, Johnson & Bergman today at (816) 542-5999 to learn more.