How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can result in serious injuries, making it difficult for you to work or pay your bills.
A personal injury claim can be made by the victim to recover damages from the party who was at fault. However the insurance company could not agree to an acceptable settlement. Your lawyer at Buckingham Barrera Vega can help you determine whether you should pursue litigation.
Identifying the At Fault Party
The nature of truck accidents is more complicated than normal vehicle crashes. Often, there are multiple parties at fault. You could be able to recover compensation from the driver of the truck or their employer or the company who loaded the vehicle, the manufacturer of truck truck parts or even government agencies, depending on the circumstances. It will take an extensive investigation to determine the accountable parties, since they each have different insurance policies.
If you are tempted to talk to the other party's insurance companies or claim examiners following your accident, this is not a good idea. The defense lawyers of the defendants will be looking for any information you provide that they can use out of context or make up to weaken your case.
You should instead concentrate your efforts on obtaining medical attention and documenting your injuries. At meridian truck wreck lawyer of the process, it is essential to consult an experienced lawyer for truck accidents who is able to handle all communication with the responsible parties.
In general, the truck driver is accountable for a collision when they exhibit negligent conduct behind the steering wheel. This includes reckless driving, like speeding or driving under the influence of drugs or alcohol. They can also be held accountable for an accident when truckers do not abide by trucking regulations, such as driving hours restrictions.
If the employer of a truck driver is aware of hiring a driver who is incompetent or negligent the company could be held liable under a legal law called respondeat superior. The trucking company may also be held accountable if it fails to properly supervise its drivers. The company who designed or sold the truck could also be accountable for the flaws in the truck.
Furthermore, any person in charge of the relevant surveillance footage which captured the accident scene may be held accountable. They could have footage that demonstrates the accident, for example, skids that occur outside of marked lanes or a damaged rail. They might have video footage that demonstrates the details of the accident including the position of the truck at the time of the collision. However, the video evidence can be difficult to locate because the parties responsible for the evidence don't hold it for long.
Get Medical Attention
Even if you appear fine after a crash with trucks, it is vital to consult an experienced medical professional as quickly as you can. It is common for people to feel symptoms from injuries like whiplash within a few days, or weeks after an accident. It is possible to cause permanent injury if you don't take care of these symptoms, and compromise the chance of getting compensation.
In addition, seeking medical attention ensures that your injuries are recorded in your medical records. This will prevent the truck driver, trucking company, or any other at-fault party from later claiming your symptoms are unrelated to the crash.
If you have medical insurance, make sure you provide the details to your insurers in order to bill the policy upfront and later seek reimbursement from the person at fault, or settlement. If you don't have insurance our law firm will often collaborate with medical professionals to delay the collection of bills or invoices until after your claim has been resolved.
Once you have received medical attention, we suggest keeping a log or other simple record of your experience and the effects your injuries have had on your life. This can help you recognize the damages that are a result of accidents, including medical expenses, lost income due to absence from work, and other losses.
Remember that yelling or screaming or engaging in an argument can damage your case. Insurance adjusters from the truck driver or trucking company will try to contact and take a note of your statements. It is best to be polite and decline the request. the request to your attorney.
It is also essential to follow your doctor's recommendations for treatment and attend all of your follow-up appointments. This will allow you to recover faster and help you to prove your claim for compensation for the full range of your injuries. A jury is more likely to accept a settlement offer if you have evidence of your medical condition.
Documenting Your Injuries
Take photos of both vehicles and the accident scene, from different angles. This will help determine who was at fault and can also be helpful in documenting your injuries visible. It could also be helpful to note down all the details you can remember about the accident even if the injuries seem minor.
If medical attention is available at the site of the accident, make certain to obtain an accurate assessment for yourself and the other passengers. Even if you don't believe you're injured, a medical professional can detect injuries that may not be apparent until later and be a source of evidence.
Once you've been cleared at the hospital, be sure to request copies of your medical records. This should be done directly with the medical provider, not the insurance company being able to review your medical records. This will protect your privacy, and also prevent an insurance company from using your pre-existing health condition against you in a claim dispute.
In addition to your medical records, it is also advisable to keep a record of your injuries and symptoms. This will help you and your attorney in the calculation of your damages. Be sure to document every single detail, such as an aching headache, blurred vision, or a sharp pain in your leg. A journal of these symptoms can help support your claims for pain and suffering and loss of enjoyment of life, and other damages.
If possible, speak to witnesses who witnessed the accident. Get their names and contact details so that your attorney can get them to give a statement later on in the case. If you are unable to speak to them on the spot it is essential to scope out the area around 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 claim for a truck accident like police reports and estimates for vehicle repairs, pay stubs and medical records, in addition to an accident journal. This information will help to prove your losses in a claim dispute with the insurance company that is the trucking company's carrier. It is possible to subpoena the trucking company for certain kinds of records, including DOT records.
Contacting a Lawyer
While many victims of accidents involving trucks can settle their claims without having to take their case to court, every claim is different. If you feel that an insurance company is not being fair or their settlement offers are far lower than what you need to cover the losses you might want to consider making a claim.
There are a variety of reasons why it's essential to contact an New York truck crash lawyer immediately following an accident as possible. It allows us to develop your case while the evidence is still in its initial stages. The longer you delay contacting an attorney, the harder it will be to get important 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. Truckers require special commercial licenses that allow them to drive vehicles that are a specific size and weight on most roads. In addition, truckers and trucking companies are subject to a variety of federal regulations that must be abided by. A seasoned attorney will know how to deal with this type of investigation and gather all evidence available like the black box data of the truck.
It is important that you include a written record of your loss and the impact of your injuries on your life when filing the claim for compensation. This information can be used to calculate total economic damages. These can include both current and past future expenses incurred as a result of the accident. You could, for instance you can seek compensation for medical costs and lost wages as well as property damage.
It is also important to keep in mind that even what seems like an injury of a minor nature could have long-term consequences. Therefore, it's important to get checked out by a doctor after any crash regardless of whether you feel injured or not. Getting diagnosed and treated immediately will also help to prevent any complications from arising in the future that could make it difficult to recover compensation for your injuries from an accident.