How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries, making it difficult for you to work or pay your bills.
A personal injury claim could be made by the victim to recover damages from the party who was at responsible. However the insurance company could refuse to negotiate an acceptable settlement. Your attorney at Buckingham Barrera Vea can assist you decide whether or not to take legal action.
Identifying the At-Fault Party
In contrast to typical car crashes truck accidents usually involve multiple at-fault parties. Based on the circumstances, you may be able to obtain compensation from the owner of the truck and their employer, the company that loaded the truck, the manufacturer of the truck or its components, or even from government agencies. Identifying all the liable parties will require extensive research, as each party has different insurance policies and a variety of factors to take into consideration.
It is a mistake to call the insurance companies or claim examiners of the opposing party after an accident. The defendants' defense lawyers will be searching for anything you say that they can use out of context or alter or distort to weaken your case.
Instead, you should concentrate your efforts on getting medical treatment and documenting your injuries. It is crucial to have an experienced lawyer for truck accidents involved early in the process, so that they can handle all communication with the responsible parties.
In general the case, a truck driver is at blame for an accident if they're negligent behind the wheel. This includes reckless driving, such as speeding and driving under the influence of alcohol or drugs. They may also be responsible for an accident if they fail to follow trucking regulations such as restrictions on the hours of operation.
Respondeat superior could have the employer of truck driver accountable in the event that they hire an incompetent or negligent person. The trucking company could also be held liable if it fails to properly supervise its employees. The company that developed or sold the truck may also be responsible for its shortcomings.
Furthermore, any person who control the relevant surveillance footage that was captured at the scene of the accident could be held accountable. They could be able provide footage that shows what caused your accident including skid marks outside of the marked traffic lanes, or a damaged guardrail. They might have video footage that demonstrates the details of the accident including the location of the truck at the time of the collision. However the video evidence could be difficult to obtain since the parties responsible for it don't store it for long.
Receiving Medical Attention
Even if all seems well it is important to see an expert as soon as you can following a truck crash. People typically experience symptoms of whiplash days or weeks after an accident. If you don't take note of these symptoms and do not take action, you could end up causing permanent injury and may even affect your chance of receiving compensation.
By seeking medical attention you can be sure that your injuries are completely recorded in your medical records. This will prevent the trucking company, the trucker or any other at-fault party from claiming that your injuries were not directly related to the incident.
If you have medical insurance, be sure you give the details to your insurers in order to be able to bill the policy up front and then seek reimbursement later from the at-fault person or settlement. If you don't have insurance, we can often work with the medical providers to delay the collection of bills or billing until after the claim has been settled.
After you have sought medical attention, it's important to keep a journal of your experiences. This will help you keep track of your injuries as well as their impact on your life. This will help you determine the damages caused by accidents such as medical expenses, loss of income due to work-related absences and other losses.
Remember that screaming, shouting or engaging in a heated argument could hurt your case. The truck driver's or trucking company's insurance adjusters will likely try to contact you and ask for a recorded statement, however it is best to politely refuse these requests and refer them to your attorney.
You should also keep all your appointments and follow-ups with the doctor. This will allow you to recover faster and strengthen your claim for compensation. A jury will be more likely to accept a settlement offer if you have strong medical evidence.
Documenting your injuries
Photograph both the vehicles as well as the scene of the accident from various angles. This will allow you to prove who was at fault, and also record your visible injuries. It is also beneficial to record everything you remember about the accident, including the smallest details.
If medical attention is available at the scene of the accident, make sure to get an accurate assessment for yourself and all other passengers. Even if it isn't clear that you think you are injured, a physician can detect injuries that do not show up until later on and can reveal the hidden or delayed signs during your case.
After you have been discharged at the hospital, make sure to request copies of your medical records. It is best to do this directly from the medical provider, rather than giving an insurance company permission to access your medical records. This will protect your privacy, and prevent an insurance company from using your pre-existing health condition against you in a claim dispute.
You should also keep an account of your symptoms. This will assist you and your lawyer when the calculation of your damages. Keep aurora truck accident law firm of every single detail, such as the throbbing headache, blurred vision, or a sharp pain in your leg. Recording these symptoms will help in proving your claims for pain and suffering or loss of enjoyment in life, and other damages.
If you can, speak to witnesses who witnessed the accident. Request their names and contact details so that your attorney can obtain their statements later on in the process. If you can't speak with them at the scene, it is important to look around the area around where the accident occurred and try to locate statements from witnesses later on.
It is crucial to gather any other records and documents that are relevant to your truck accident case including police reports, estimates for repairs to vehicles or pay stubs. Also and medical records as well as an accident journal. These records will help prove your loss in a dispute with the trucking company's insurance carrier. It is also possible to obtain certain kinds of documents from the company that you are working with, such as DOT compliance records.
Contacting an attorney
While many truck accident victims are able to settle their claims without having to go to court, each claim is different. If an insurance provider refuses to give you an equitable settlement, or if their offers are substantially less than what you need to cover your losses then it could be the right time to think about filing a lawsuit.
There are numerous reasons why it is important to get in touch with a New York truck accident lawyer immediately after an accident. One of the most important is that it allows us to begin building your case while evidence is fresh. The longer you put off the decision to speak with an attorney, the more difficult it will be to locate important evidence, like witness statements. Witnesses' memories will wane and their testimony will become less reliable.
An investigation into a truck-related accident is also much more thorough than an auto accident. Truckers must possess special commercial licenses that allow them to drive vehicles of a certain size and weight along the majority of roads. Additionally, truckers and trucking companies are subject to numerous federal regulations that must be abided by. A skilled attorney knows how to conduct an investigation and gather all evidence that is available including the blackbox data of the truck.
It is crucial to include a written record of your loss and the impact of your injuries on your life when filing the claim for compensation. This information will be used to calculate the total economic damages. These can comprise past, present and future expenses that are incurred as a result of the accident. For instance, you may claim compensation for medical expenses, lost wages, property damage and more.
It is also important to remember that even what seems like a minor injury could have long-term effects. So, it's a good idea to have a check-up with an expert doctor following any accident regardless of whether you are hurt or not. The moment you are diagnosed and treated, it can also prevent any complications from arising later on that might make it harder to get compensation for your accident-related losses.