How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can result in serious injuries that make it difficult to continue working and paying bills.
Victims are able to seek damages from the party responsible for the accident by filing an injury claim. The insurance company might not be willing to negotiate a fair settlement. Your attorney at Buckingham Barrera Vea can help you decide whether or not to take legal action.
Identifying the At-Fault Party
In contrast to typical car crashes truck accidents typically involve multiple at-fault parties. It is possible to seek compensation from the driver of the truck as well as their employer, the company that loaded the vehicle, the manufacturer of truck parts or truck trucks or even government agencies, based on the circumstances. It will require an extensive investigation to identify all the accountable parties, since they each have different insurance policies.
If you are tempted to speak to the other party's insurance companies or claim examiners following an accident, it's not the best idea. The lawyers representing the defendants will seek to use anything you say in a different context, or twist and distort it in order to weaken your claim.
Instead, focus your energy on getting medical attention and documenting your injuries. It is crucial to have an experienced truck accident lawyer involved early in the process to ensure they are able to handle all communications with liable parties.
In general, the truck driver is accountable for a collision when they exhibit negligent behavior behind the driving. This includes reckless driving, like speeding or driving under the effects of alcohol or drugs. They also could be liable for an accident if they fail to follow trucking regulations such as limitations on hours of driving.
Respondeat superior could hold the employer of the truck driver accountable for hiring an incompetent or negligent employee. It's also possible that the trucking company is accountable if they don't properly supervise their employees. Also, the business that developed or sold the truck may be held accountable if it was not properly designed from the beginning.
A person who controls the relevant surveillance footage of the accident scene may also be held accountable. They may be able to provide footage that shows what caused your accident, such as skid marks that are outside the marked traffic lanes, or a damaged guardrail. They might also have video that provides details about the crash, including the truck's position at the time of the accident. Video evidence isn't easy to locate, since the parties that control it don't keep it for long periods of time.
Get Medical Attention
Even if everything seems to be fine, it's important to consult a doctor as soon as you can following a truck accident. People typically experience symptoms of whiplash within a few days or weeks following an accident. It is possible to cause permanent damage if ignore these signs and could limit the chance of getting compensation.
In addition, seeking medical attention ensures that your injuries are recorded in your medical records. This will stop the trucking company, trucker, or other at-fault parties from claiming that your ailments were not directly related to the incident.
If you are covered by health insurance, be sure to disclose this information to your doctors to allow them to bill your policy upfront and seek reimbursement from the at-fault party or out of any settlement later. If you don't have insurance our law firm will often work with medical providers to postpone billing or collections until after your claim has been resolved.
Once you have sought medical attention, it is important to keep a journal of your experiences. This will help you record your injuries and their impact on your life. This can help you to identify the damages caused by accidents such as medical expenses, lost income from work interruptions, and other losses.
It is important to keep in mind that even though it's normal to feel upset or angry following a car accident, yelling or screaming, or engaging in arguments could make your case more difficult. Insurance adjusters from the truck driver's company or the trucking company may try to contact you and record your statement. It is recommended to respectfully decline and refer these requests to your attorney.
It is also important to keep all appointments and follow-ups with your physician. This will allow you to recover quicker and increase your chances of obtaining compensation for the full range of your injuries. A jury is more likely to accept a settlement offer if you have medical evidence that is strong.
Documenting your injuries
Take photos of both vehicles and the accident scene, from different angles. This will help you prove who was at fault, and also record your injuries visible. Additionally, it can be useful to note everything you remember about the crash, including small details.
If medical assistance is available on the scene, make sure you and any other passengers receive a thorough examination. Even if you don't believe you're hurt, a medical professional will identify injuries that won't appear until later and give evidence in your case.
Once you are checked out at the hospital, be sure to request copies of your medical records. This is best done directly with the medical professional rather than permitting your insurance company to access your medical records. This will protect your privacy, and also prevent an insurance company from using your pre-existing condition against you in a dispute over a claim.
In addition to your medical records, you should keep a journal of your injury symptoms. This will be helpful to you and your lawyer when it comes time for the calculation of your losses. Make sure to record every particular detail, like a throbbing headache or blurred vision, or a sharp pain in your leg. Keep a journal to record your symptoms. This can help you to support your claim for compensation, such as suffering and pain as well as loss of enjoyment.
Ask witnesses to speak with you who witnessed the accident. Get their names and contact details to enable your attorney to request a statement from them later on during the process. If you can't speak to them on the spot it's crucial to map out the area around you and look for witness statements later.
It is essential to collect any other records and documents that pertain to your case of a truck accident like police reports, estimates of repairs to your vehicle or pay stubs. Also and medical records as well as an accident journal. These documents will help prove your loss in a dispute with the trucking company's insurance carrier. You may be required to subpoena the trucking company to produce certain types of records, like DOT records.
Contacting an Attorney
Every claim is different. While many victims of truck accidents can settle their claims without having to go to court, each claim is unique. If you feel that an insurance company isn't being fair or their settlement offers are less than you need to cover the damage you might want to consider filing a lawsuit.
There are a myriad of reasons why it is important to speak with an New York truck crash lawyer as soon after an accident as you can. It helps us build your case while the evidence is still fresh. The longer you wait to contact an attorney, the harder it will be to get important pieces of evidence such as witness statements. The memories of witnesses will fade and their statements are no longer reliable.
In addition the investigation process for a truck accident is much more extensive than an automobile crash. union city truck accident lawyer is due to the fact that truckers must possess special commercial driver's licenses, which permit them to drive vehicles of a certain size and weight on most roads. In addition, truckers and trucking companies are subject to numerous federal regulations that must be followed. An experienced attorney knows how to handle an investigation. They will collect all the available evidence including the black box data of the truck.
It is essential to include documentation detailing your losses and the impact of your injuries on your life when filing an insurance claim. This information is used to calculate your total economic damages, which will be used to pay for present, past and future expenses that result as directly related to the accident. For instance, you may seek compensation for medical expenses as well as lost income, property damage, and more.
Keep in mind that even a minor injury may have long-term effects. It is important to see a doctor following any accident, regardless of whether you feel injured or not. A quick diagnosis and treatment can prevent problems from arising in the future which could make it more difficult to recover compensation for your injuries resulting from accidents.