How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can cause serious injury and make it difficult for you to continue working or pay your bills.
A personal injury claim may be made by the victim to recover damages from the party at fault. The insurance company might not be willing to negotiate a fair contract. Your attorney at Buckingham Barrera Vega can assist you determine whether you should pursue litigation.
Identifying the party at fault
Truck accidents are more complicated than standard vehicle crashes. In most cases, there are multiple parties to blame. Depending on the circumstances you could be able to get compensation from the driver of the truck, their employer, a company that loaded the truck the company that manufactured the truck or its components, or even from government agencies. It will take an extensive investigation to identify all the responsible parties, as they each have different insurance policies.
It is a mistake to reach out to the insurance companies or claim examiners for the other party following an accident. The lawyers representing the defendants will be looking for any information you provide that they can use without context or alter and weaken your case.
Instead, you should concentrate your energy on getting medical care and recording your injuries. Early on in the process it is important to contact an experienced lawyer for truck accidents, who can manage all communications with the responsible parties.
In general the truck driver is at the fault of an accident if they are negligent behind the steering wheel. This includes reckless driving, such as speeding or driving under the effects of alcohol or drugs. They could also be accountable for an accident if the truckers fail to adhere to trucking regulations, such as driving hours restrictions.
Respondeat superior could make the employer of truck driver accountable if they hire an incompetent or negligent person. It's also possible that the trucking company could be held accountable when they fail to supervise their drivers. Additionally, the company that developed or sold the truck could be held accountable if it was defective from the beginning.
Furthermore, any person that control relevant surveillance footage that filmed the scene of the accident could be liable. They may have footage that illustrates the incident, such as skids on roads that aren't marked or damaged rails. They might also have video which can give details of the crash and the location of the truck at the time of the accident. Video evidence isn't easy to locate, since the parties who own it don't keep it for long.
Get Medical Attention
Even if everything appears to be in order, it's important to consult your doctor as soon as you can following a crash. There are many people who feel whiplash-like symptoms for weeks or days after an accident. If you fail to recognize these signs you could cause permanent injury and may even affect your ability to receive compensation.
In addition, seeking medical attention ensures that your injuries are recorded in your medical records. This will stop the trucking company, trucker or any other at-fault party from later claiming that your symptoms weren't directly related to the incident.
If you have medical insurance, make sure to provide the details to your insurers in order to charge the policy in advance and later seek reimbursement from the at-fault person or settlement. If you do not have insurance, we can often collaborate with medical providers to delay billing or collection until after your claim is settled.
After you have received medical attention, we recommend keeping a log or other simple record of your experience and the consequences your injuries have caused on your life. This can help you identify injuries that result from accidents, such as medical expenses, loss of income due to work absence and other losses.
It is important to remember that although it is natural to feel upset or angry after a truck accident, shouting, screaming, or getting into arguments can cause damage to your case. The trucking company's insurance adjusters are likely to try to reach you and ask for a recorded statement, but it is best to respectfully decline these requests and forward to your attorney.
You should also keep all your appointments and follow-ups with your doctor. This will allow you to recuperate faster and increase your chances of obtaining compensation for all of your injuries. A jury will be more likely to accept a settlement offer if you have strong medical evidence.
Documenting your injuries
Unless your injuries prohibit you from doing so, make sure you capture photos of the scene of the accident from multiple angles and of the damage that was caused to both vehicles. This will help you prove who was at fault and will also document the visible injuries. In addition, it could be useful to note everything you remember about the accident, including the smallest details.
If medical assistance is available on the scene, ensure that you and your fellow passengers undergo a thorough exam. Even if you don't believe you're injured, a medical professional can detect injuries which will not manifest until later and can prove your case.
Once you've been cleared at the hospital, be sure to request copies of your medical records. This should be done directly with your medical provider, not giving your insurance company permission to see your medical records. This will ensure your privacy, and also prevent an insurance company from using your pre-existing medical condition against you in a dispute over a claim.
In addition to your medical records, it is also advisable to keep a log of your injury symptoms. This will be helpful to you and your lawyer when it comes to calculating your losses. Record every detail, including the throbbing headache blurred vision, sharp pains in your leg. A journal of these symptoms may help to support your claims for pain and suffering as well as loss of enjoyment life, and other compensation.
If possible, talk to witnesses who witnessed the incident. Request their contact information and names so that your lawyer can later ask them to give an account. If you are not able to talk to them on the spot it is vital to look around the area around the place where the accident took place. You can also try to find witness statements later on.
It is crucial to gather any other records and documents that are relevant to your truck accident case for example, police reports, estimates of repairs to your vehicle, pay stubs, medical records, and an accident journal. These documents will help prove your losses in a dispute with the trucking company's insurance carrier. You may also be required to obtain certain kinds of records from the trucking firm for example, documents that are DOT compliant.
Contacting an Attorney
Every claim is unique. While many victims of truck accidents are able to settle their claims without having to go to court, every case is different. If you feel that the insurance company isn't being fair or their settlement offers are significantly less than what you require to cover the damages, you may want to think about filing a lawsuit.
There are many reasons why it is important to speak with an New York truck crash lawyer as soon as possible. It allows us to develop your case while the evidence is still in its initial stages. The longer you delay to get in touch with an attorney the more difficult it will be to find important evidence, such as witness statements. Witnesses' memories will wane and their statements become unreliable.
An investigation into a truck-related accident is also much more thorough than an auto accident. arlington heights truck accident law firm must have special commercial licenses which allow them to drive vehicles with a certain size and weight along the majority of roads. Trucking companies and truckers are additionally subject to a myriad of federal regulations which must be followed. A seasoned attorney will be able to conduct an investigation of this kind and gather all evidence available including the black box of the truck.
It is vital to document your losses and the impact of your injuries on your life when filing an insurance claim. This information will be used to calculate your total economic damages, which will be used to pay for past, present and future expenses that are directly caused by the crash. For instance, you could get compensation for medical expenses loss of wages, property damage and more.
It is also important to remember that even a minor injury could have long-term effects. Therefore, it is essential to have a check-up with an expert doctor following any accident regardless of whether you feel hurt or not. If you are treated and diagnosed immediately it will also help prevent future complications that could make it more difficult to collect compensation from accidents-related losses.