How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can cause serious injury, making it difficult to continue working or pay bills.
A personal injury claim may be made by the victim to recover damages from the party who was at blame. The insurance company may not be willing to negotiate a fair agreement. Your attorney at Buckingham Barrera Vea can help you decide if it is appropriate to pursue litigation.
Identifying the At Fault Party
Truck accidents are more complex than normal vehicle crashes. In most cases, there are multiple parties at fault. You may be able recover compensation from the driver of the truck or their employer, the company which loaded the vehicle, the manufacturer of truck or truck components, or even government agencies, depending on the circumstances. It will take a lot of investigation to find all the responsible parties, as they each have different insurance policies.
If you are tempted to speak 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 try to use anything you say in a different context or to twist and distort it to undermine your claim.
Instead, you should concentrate your efforts on getting medical treatment and logging your injuries. Early on in the process it's important to involve an experienced lawyer for truck accidents who will handle all communication with responsible parties.
In general, the truck driver is at fault for a crash when they engage in negligent behavior behind the steering wheel. This includes reckless driving such as speeding, driving under the influence of drugs or alcohol. They may also be responsible for an accident if they don't follow trucking regulations such as restrictions on the hours of operation.
Respondeat superior may make the company that employs truck drivers accountable if they hire an incompetent or negligent worker. The trucking company could also be held liable if the company does not properly supervise its employees. Also, the business that designed or sold the truck may be held accountable if it was not properly designed from the beginning.
In addition, any party in charge of the relevant surveillance footage which captured the accident scene may be liable. They may possess footage that documents the accident, for example, skids on roads that aren't marked or a damaged rail. They may also have video that provides details about the accident including the truck's location at the time of the crash. However, the video evidence can be difficult to locate because the parties in control of the video don't keep it for long.
In need of medical attention
Even if everything appears to be in order but it's still important to talk to an expert as soon as you can following a truck accident. It is common for people to experience symptoms of whiplash or other injuries just a few days or weeks after an accident. If you do not take care to address these symptoms and do not take action, you could end up causing permanent damage and potentially jeopardizing your ability to receive compensation.
By seeking medical attention you can be sure that your injuries will be fully documented in your medical record. This can stop the truck driver, trucking company or another at-fault party from later claiming that your injuries are not related to the accident.
If you have medical insurance, be sure to disclose the details to your insurers so that they can be able to bill the policy up front and later seek reimbursement from the person who is at fault or settlement. If you don't have insurance, we will often work with the medical providers to defer billing or collection until after the claim has been settled.
Once you have received medical attention, we recommend keeping a journal or other simple records of your experiences and the effects your injuries have had on your life. This will help you determine accident-related damages such as medical expenses, loss of income due to work absence, and other losses.
It is important to remember that, while it's normal to feel upset or angry following a car accident, shouting or screaming, or engaging in argument can cause damage to your case. Insurance adjusters from the truck driver's company or the trucking company will try to contact and record your testimony. It is recommended to be polite and decline the request. these requests to your attorney.
It is also important to follow the doctor's directions for treatment and attend all of your follow up appointments. This will allow you to recuperate faster and increase the strength of your claim for compensation. Having strong medical evidence of your injuries can make it easier for jurors to appreciate how serious and significant your losses are. It will increase the odds that you'll be able get an equitable settlement from the trucking company or other at-fault party.
Documenting your injuries
Photograph both the vehicles and the scene of the crash from different angles. This will allow you to prove who was at fault and will also document your injuries visible. It may also be useful to write down all the details you can remember about the incident even if they appear minor.
If medical assistance is available at the scene of the accident, be sure to receive a thorough evaluation for yourself and the other passengers. Even if you don't think you're injured, a medical professional may identify injuries that won't appear until later and prove your case.
After you've been examined in the hospital, make sure to request copies of your medical records. This should be done directly with the medical professional rather than permitting your insurance company to access your medical records. This will help to ensure your privacy and stop the insurer from using your pre-existing conditions against you in a 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 lawyer when it comes time to making a calculation of your losses. Be sure to document every detail, including a throbbing headache, blurry vision, or sharp pain in your leg. A journal of these symptoms can aid in supporting your claims for pain and suffering as well as loss of enjoyment life, and other compensation.
Ask witnesses to speak with you who were present at the scene of the accident. Contact them with their contact details and names so that your lawyer can later ask them to provide an account. If you aren't able to speak with them immediately it's crucial to map out the area around you and seek out witness statements later.
Take any other records or documents that may be relevant to your claim for a truck accident for example, police reports and estimates for repairs to your vehicle or repairs, pay stubs for payments and medical records, as well as an accident journal. These records can be used to prove your losses if you have a dispute with the insurance company of the trucking firm. You may need to subpoena the trucking firm for certain types of records, including DOT records.
Contacting a Lawyer
Every claim is unique. While many victims of truck accidents are able to settle their claims without having to go to court, each claim is unique. If you feel that an insurance company is not being fair or their settlement offers are significantly less than you need to cover the damage, you may want to consider filing a lawsuit.
There are a myriad of reasons why it's crucial to contact a New York truck crash lawyer immediately following an accident as possible. It helps us build your case while the evidence is still fresh. If you don't contact an attorney, the harder it will be to find important evidence, like witness statements. The memories of witnesses will fade, and their statements are no longer reliable.
Additionally, the investigation process for an accident involving trucks is more extensive than for an automobile crash. stockton truck accident attorney need special commercial licenses which allow them to drive vehicles that are a specific size and weight on most roads. Truckers and trucking firms are also subject to a range of federal regulations that must be adhered to. An experienced attorney can deal with this type of investigation and collect all evidence like the black box on the truck.
When you submit a claim for compensation, you need to include detailed documentation of your losses and the effect your injuries have had on your life. This information will be used to calculate your total economic damages, which can be used to cover present, past and future expenses that are a direct result of the crash. For instance, you can you can seek compensation for medical expenses, lost wages, or property damage.
Be aware that even a minor injury could have long-term effects. Therefore, you should always be examined by an expert doctor following any accident regardless of whether you are hurt or not. If you are treated and diagnosed immediately to avoid any complications that may make it harder to recover compensation from your accidents-related losses.