How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries which makes it difficult for you to continue working or pay bills.
Victims can recover damages from the responsible party by filing an injury claim. However the insurance company could not agree to an appropriate settlement. Your lawyer at Buckingham Barrera Vega can help you decide whether to pursue litigation.
Identifying the At-Fault Party
Truck accidents are more complex than typical vehicle crashes. Often, there are several parties to blame. Based on the circumstances, you may be able obtain compensation from the owner of the truck, their employer, a company that loaded the truck the manufacturer of the truck or the truck's parts, or even government agencies. Recognizing all the parties responsible will require extensive investigation, since each has its own insurance policies, and there are a lot of variables to take into consideration.
While you may be tempted to contact the other party's insurance companies or claim examiners following an accident, this is an error. Defense lawyers for the defendants will be looking for anything you say that they can use out of context or make up to weaken your case.
You should instead focus your efforts on getting medical attention and recording your injuries. Early on in the process it is crucial to engage an experienced truck accident attorney who is able to manage all communication with the responsible parties.
In general the truck driver is at the fault of an accident if they are negligent behind the driving. This includes reckless driving, including speeding or driving under the effects of alcohol or drugs. They may also be held accountable for an accident in the event that truckers do not abide by regulations for trucking, such as driving hours restrictions.
If the truck driver's employer is aware of hiring a negligent or incompetent driver, they could be held liable under a legal doctrine called respondeat superior. The trucking firm could be held accountable if it does not properly supervise its drivers. In addition, the company that manufactured or sold the truck could be held accountable if it was faulty from the beginning.
The person who is in charge of relevant surveillance footage of the scene may also be held accountable. They may have footage that demonstrates the accident, like skids in lanes that are not marked or a damaged rail. They may also have videos that can provide details of the accident including the position of the truck at the time of the accident. However the video evidence may be difficult to obtain because the parties who control the video don't keep it for long.
Get Medical Attention
Even if it appears that you are in good shape after a collision with a truck, it is crucial to see an expert in medical care as soon as you can. It is normal for people to experience symptoms from injuries such as whiplash a few days or even weeks after an accident. You could cause permanent damage if you ignore these symptoms, and compromise the chance of getting compensation.
By seeking medical attention you can ensure that your injuries will be fully recorded in your medical records. This will prevent the trucker, trucking company, or other at-fault parties from later claiming that your symptoms were not connected to the accident.
If you are covered by health insurance, be sure to disclose this information to your doctors to allow them to invoice your policy on a timely basis and request reimbursement from the party at fault or from any settlement later. If you don't have insurance, we often work with the medical professionals to delay the collection of bills or billing until after the claim has been resolved.
Once you have sought medical attention, it's essential to keep a record of your experiences. This will help you document your injuries and their impact on your life. This can help you recognize accident-related damages such as medical expenses, lost income due to absence from work and other losses.
It is important to keep in mind that while it may be normal to feel upset or angry after a truck accident, shouting, screaming, or engaging in argument can make your case more difficult. Insurance adjusters from the truck driver's or trucking company will try to contact and record your statement. It is recommended to politely decline and refer the request to your attorney.
It is also crucial to follow your doctor's recommendations for treatment and to keep all of your follow-up appointments. This can help you recover more quickly and can help you to prove your claim for compensation for the full range of your injuries. suffolk truck accident lawyer of medical evidence that is strong and convincing about your injuries can make it easier for jurors to appreciate how serious and significant your losses are, and will increase the odds that you'll be able get an equitable settlement from the trucking company or another at-fault party.
Documenting your injuries
Photograph both your vehicle and the scene of the crash from various angles. This will prove who was responsible as well as be helpful for capturing your physical injuries. It could also be helpful to record all details you can recall about the accident even if they appear minor.
If medical assistance is available at the site of the incident, be certain to obtain an accurate assessment for yourself and the other passengers. Even if it's not clear that you're injured, a medical professional may detect injuries that may not be evident until later, and give evidence in your case.
After you've been checked out in the hospital, be sure that you request copies of your medical records. This is best done directly with your medical professional, rather than giving your insurance company permission to access your medical records. This will ensure your privacy, and prevent an insurance company from using your condition against you in a claim dispute.
In addition to your medical records, you should keep a record of the symptoms you experience due to your injury. This will be helpful to you and your lawyer when it comes to making calculations of your losses. Keep track of every detail, which could include an aching headache blurred vision, sharp pains in your leg. Keeping a journal of these symptoms can help support your claims for pain and suffering or loss of enjoyment in life, and other damages.
Talk to witnesses who were present at the time of the incident. Get their names and contact details to enable your attorney to obtain their statements later on during the process. If you are not able to talk to them at the scene it is vital to scope out the area where the accident occurred and attempt to locate statements from witnesses later on.
Take any other documents or records that could be relevant to your truck accident claim including police reports and estimates for repairs to your vehicle as well as pay stubs, medical records, and an accident journal. These records can be used to prove your losses in the event that you are in dispute with the insurance company of the trucking firm. You may have to ask the trucking firm for certain kinds of records, like DOT records.
Contacting a Lawyer
Every claim is unique. While many truck accident victims can settle their claims without going to court, each claim is unique. If you believe that an insurance company isn't being fair or the settlement offers they offer are less than you need to cover the damages, you may want to think about filing a lawsuit.
There are a myriad of reasons why it's crucial to contact an New York truck crash lawyer immediately following an accident as you can. One of the most important is that it lets us begin constructing your case while evidence remains fresh. The longer you wait to contact an attorney, the more difficult it will be to retrieve crucial pieces of evidence, such as witness statements. The memories of witnesses will fade, and their statements will be questioned.
An investigation into a truck-related accident is also more thorough than a car accident. This is because truckers are required to have special commercial driver's licenses that allow them to operate vehicles of a certain weight and size on a majority of roads. Additionally, truckers and trucking companies are subject to a variety of federal laws that must be followed. A seasoned attorney can conduct an investigation of this kind and gather all evidence available like the black box of the truck.
When you make a claim for compensation, it is important to document in detail your losses as well as the impact your injuries have had on your life. This information will be used to calculate your economic damages, which can be used to cover present, past and future expenses that are directly related to the crash. For instance, you can claim compensation for medical costs as well as lost wages or property damage.
Keep in mind that even a minor injury may have long-term consequences. It is important to see an experienced doctor following any accident, regardless of whether you feel injured or not. Getting diagnosed and treated immediately will also help prevent complications from arising in the near future that might make it harder to recover compensation for your injuries from an accident.