How to File a Truck Accident Claim
Truck accidents can be devastating. They can cause serious injury which makes it difficult for you to continue working or pay bills.
Victims may seek damages from the party responsible for the accident by filing an individual injury claim. However the insurance company could not agree to a fair settlement. Your lawyer at Buckingham Barrera Vea can help you decide if it is appropriate to take legal action.
Identifying the At Fault Party
Truck accidents are more complicated than typical vehicle crashes. Most of the time, there are several parties responsible. You may be able recover compensation from the truck driver as well as their employer or the company that loaded the vehicle the manufacturer of truck or truck parts, or even government agencies, depending on the circumstances. Finding all the responsible parties will require extensive investigation, as each party has different insurance policies, and there are a lot of variables to consider.
It is a blunder to contact the insurance companies or claim examiners from the other party after an accident. The defendants' defense lawyers will be looking for any information you provide that they can use without context or make up to weaken your case.
Instead, you should put your energy on getting medical attention and documenting your injuries. It is important to have an experienced truck accident lawyer involved early in the process to be able to handle all communications with liable parties.
In general the case, a truck driver is at fault for an accident when they are negligent behind the wheel. This includes reckless driving such as speeding or driving under the influence of alcohol or drugs. They can also be held accountable for an accident if truckers do not abide by regulations governing trucking, like limits on hours of operation.
Respondeat superior could make the company that employs truck drivers accountable if they hire an incompetent or negligent person. The trucking company can also be held accountable if it isn't able to adequately supervise its drivers. The company that created or sold the truck may also be accountable for the flaws in the truck.
In addition, any party in charge of the relevant surveillance footage that filmed the scene of the accident could be liable. They could have footage that illustrates the accident, for example, skids outside of marked lanes or a damaged rail. They may also have video that can provide details of the crash including the position of the truck at the time of the crash. Video evidence can be difficult to find, as the people who control it don't keep it for long periods of time.
Get Medical Attention
Even if everything seems to be fine however, it's crucial to speak with a doctor as soon as you can following a accident. It is normal for people to experience the symptoms of whiplash or other injuries in a few days or weeks after an accident. If you ignore these symptoms you could cause permanent damage and potentially jeopardizing your chances of receiving compensation.
When you seek medical attention, you can be sure that your injuries will be fully documented in your medical record. This will stop the trucking company, the driver or other at-fault parties from later claiming that your symptoms were not connected to the accident.
If you have medical insurance, be sure you give this information to your providers so that they can bill the policy upfront and later seek reimbursement from the person who is at fault or settlement. If you don't have insurance, our law firm is able to work with medical providers to postpone billing or collections until after your claim resolves.
After receiving medical attention, we suggest keeping a journal or other simple documentation of your experiences and the impact your injuries have had on your life. This can help you identify accident-related damages such as medical expenses, lost income from working absences, and other losses.
Be aware that screaming or shouting or getting into a fight can hurt your case. The truck driver's or trucking company's insurance adjusters could attempt to reach you and ask for a written statement, however it is recommended to decline these requests and refer them to your attorney.
It is also essential to follow your doctor's advice for treatment and to keep all of your follow up appointments. This will help you recuperate faster and increase the strength of your claim for compensation. A jury is more likely to accept any settlement offer if have medical evidence that is strong.
Documenting your injuries
Take photos of both vehicles and the scene of the crash from different angles. This will allow you to prove who is at fault and will also document your injuries visible. In addition, it could be useful to write down everything you remember about the crash, even the smallest details.
If medical assistance is available at the site of the incident, be certain to obtain an accurate assessment for yourself and any other passengers. Even if you don't believe you're injured, a medical professional may detect injuries that may not be apparent until later and 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 the insurance company being able to access your medical records. This will help secure your privacy and also prevent an insurance company from using your pre-existing health conditions against you in a dispute.
Keep the journal of your experiences. This will help you and your lawyer in calculating your damages. Make sure you record every detail, including the throbbing headache, blurred vision, or a sharp pain in your leg. Recording these symptoms can aid in supporting your claims for pain and suffering, loss of enjoyment of life, and other damages.
If possible, speak with witnesses who witnessed the accident. Ask for their contact information and names so that your lawyer can ask them to give the statement. If you cannot talk to them on the spot it is essential to scope out the area around where the accident took place and try to find witness statements later on.
Take any other records or documents that may be relevant to your claim for a truck accident for example, police reports and estimates for vehicle repairs, pay stubs and medical records, and an accident journal. This information can be used to prove your losses in the event that you are in dispute with the insurance company of the trucking company. You may also be required to obtain certain kinds of records from the trucking company, such as DOT compliance records.
Contacting an attorney
Although many victims of truck accidents can settle their claims without needing to take their case to court, each case is different. If eugene truck accident lawyer believe that an insurance company isn't being fair or their settlement offers are far smaller than what you will need to cover the damages, you may want to consider making a claim.
There are a myriad of reasons why it's important to contact a New York truck crash lawyer as soon after an accident as soon as is possible. It helps us build your case while the evidence is still fresh. The longer you wait to speak with an attorney, the more difficult it will be to retrieve crucial pieces of evidence, like witness statements. Witnesses' memories will fade and their statements be deemed unreliable.
An investigation into a truck-related accident is also more thorough than an auto accident. This is because truckers must have special commercial driver's licenses that allow them to drive vehicles of a specific weight and size on a majority of roadways. In addition, truckers and trucking companies are subject to numerous federal regulations that must be abided by. An experienced attorney will be able to conduct an investigation of this kind and gather all available evidence, such as the black box data of the truck.
It is vital to document your losses and the impact of your injuries on your life when filing a compensation claim. This information is used to calculate total economic damages. This can include current, past and future expenses that are incurred as a result of the accident. You can, for example you can seek compensation for medical costs, lost wages, or property damage.
Be aware that even a minor injury can have long-term effects. So, it's a good idea to have a check-up with a medical professional following any crash regardless of whether you feel injured or not. A quick diagnosis and treatment can prevent problems from arising in the near future that could make it difficult to recover compensation for your injuries from an accident.