How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can cause serious injuries which make it difficult to work and pay bills.
Victims can recover damages from the party responsible for the accident by filing an injury claim. The insurance company may not be willing to negotiate a fair agreement. Your attorney at Buckingham Barrera Vega can help you decide whether or not to pursue litigation.
Identifying the At-Fault Party
In contrast to normal car crashes, truck accidents typically involve multiple at-fault parties. Based on the circumstances, you may be able to obtain compensation from the owner of the truck or their employer, a company which loaded the truck, the manufacturer of the truck, or the truck's components, or even from government agencies. It will require some time to determine the accountable parties, since they all have their own insurance policies.
While you may be tempted to contact the other party's insurance companies or claim examiners after your accident, this is not a good idea. The lawyers representing the defense of defendants will seek to use any information you provide out of context or twist and distort it to undermine your claim.
Instead, you should put your efforts on obtaining medical care and recording your injuries. Early on in the process it's important to involve an experienced attorney for truck accidents who will manage all communications with the responsible parties.
In general, a truck driver is at blame for an accident if they're negligent behind the steering wheel. This includes reckless driving, such as speeding or driving under the impaired by alcohol or drugs. They could also be accountable for an accident if they fail comply with trucking regulations, for example, restrictions on driving hours.
If the company that employs the truck driver decides to employ an incompetent or negligent driver and they are found to be liable under the legal doctrine known as respondeat superior. It is also possible that the trucking company is responsible if they don't properly supervise their employees. The company that designed or sold the truck could also be liable for its flaws.
Additionally, any parties who control the relevant surveillance footage that filmed the accident scene may be held accountable. They may be able to show footage of what caused your accident like skid marks outside of the marked traffic lanes, or a damaged guardrail. They might also have video that will provide information about the accident including the position of the truck at the time of the crash. Video evidence can be difficult to obtain because the parties who control the evidence do not keep it for long.
In need of medical attention
Even if you appear to be in good health after a crash with a truck, it is important to consult an experienced medical professional as quickly as possible. People often feel whiplash-like symptoms for in the days or weeks following an accident. It is possible to cause permanent injury if you don't take care of these symptoms and jeopardize your chances of obtaining compensation.
If you seek medical attention, you can ensure that your injuries will be fully recorded in your medical records. This will prevent the truck driver, trucking company or another at-fault party from later claiming your symptoms are unrelated to the crash.
If you have health insurance, make certain to provide this information to your doctors so they can charge your policy in advance and then seek reimbursement from the at-fault party or from any settlement later. If you do not have insurance, we may work with the medical professionals to delay billing or collection until after your claim has been resolved.
After receiving medical attention, we recommend keeping a log or other simple documentation of your experiences and the impact your injuries had on your life. This can help you identify injuries that result from accidents, such as medical expenses, lost income due to missing work and other losses.
Remember that screaming, shouting or engaging in a heated argument can damage your case. Insurance adjusters from the truck driver's or trucking company may attempt to contact you and take a note of your statements. It is best to politely decline and refer your attorney.
It is also important to follow the doctor's directions for treatment and to keep all of your follow-up appointments. This will help you recover faster and make it easier to claim compensation for all of your injuries. The presence of medical evidence that is strong and convincing about your injuries will help jurors to appreciate the severity and significance of your losses are. It also will increase the chances that you will be able to receive a fair settlement offer from the trucking company or any other at-fault party.
Documenting Your Injury
Unless you are unable due to injuries from doing this, make sure to capture pictures of the scene from a variety of angles and also of the damage to both vehicles. This will allow you to prove who is at fault and also record the physical injuries you sustained. In addition, it could be helpful to write down everything you remember about the crash, even seemingly minor details.
If medical assistance is on the scene, ensure that you and your fellow passengers receive a thorough examination. Even if you don't believe you're hurt, a medical professional can detect injuries which will not be evident until later, and give evidence in your case.
After you have been checked out in the hospital, be sure that you request copies of your medical records. This is best done in conjunction with the medical professional, rather than allowing your insurance company to review your medical records. This will help ensure your privacy and stop the insurer from using your existing medical conditions against you during a claim dispute.
It is also recommended to keep the journal of your experiences. This will assist you and your lawyer when it comes to calculating your damages. Record every detail, including a throbbing headache blurred vision, sharp pains in your leg. Recording these symptoms will help in proving your claims for pain and suffering as well as loss of enjoyment life, and other damages.
Contact witnesses who were present at the scene of the accident. Get their contact details and names so that your lawyer can have them give a statement. If you can't speak to them immediately it's crucial to check out the surrounding area and search for witnesses' statements later.
Gather any other documents or records that may be relevant to your truck accident claim including police reports and estimates for repairs to your vehicle or repairs, pay stubs for payments and medical records, and an accident journal. brockton truck accident law firm will help prove your losses in a claim dispute with the insurance carrier. You may have to ask the trucking company to produce certain types of documents, such as DOT records.
Contacting a Lawyer
Every claim is different. While many truck accident victims are able to settle their claims without having to go to court, every case is unique. If you believe that an insurance company is not being fair or their settlement offers are far lower than what you need to cover the damage, you may want to consider filing a lawsuit.
There are a variety of reasons why it is important to connect with an New York truck accident lawyer as soon as you can after the incident. It allows us to develop your case while evidence is still fresh. The longer you are waiting to speak with an attorney, the more difficult it will be to obtain important evidence, like witness statements. Witnesses' memories will wane and their testimony will become less reliable.
A truck accident investigation is also more thorough than an auto accident. Truckers must possess special commercial licenses that allow them to drive vehicles that are a specific size and weight on most roads. Additionally, truckers and trucking companies are subject to a variety of federal laws that must be followed. A seasoned attorney will be able to deal with this type of investigation and gather all available evidence including the black box of the truck.
When you seek compensation, it is crucial to provide a detailed account of your losses as well as the impact your injuries have affected your life. This information is used to calculate the total economic damages. This can comprise past, present and future expenses incurred as a result of the accident. You can, for example seek compensation for medical expenses, lost wages, or property damage.
It's important to remember that even an injury of a minor nature could have long-term effects. You should always consult a doctor after any accident, no matter whether you feel injured or not. Diagnosed and treated immediately, you can also prevent any complications that may make it harder to claim compensation for your injuries resulting from an accident.