How to File a Truck Accident Claim
Truck accidents can be devastating. They can cause serious injury which makes it difficult to work or pay your bills.
Victims are able to seek damages from the party responsible for the accident by filing an individual injury claim. The insurance company might not be willing to negotiate a fair agreement. Your attorney at Buckingham Barrera Vega can help you decide whether or not to pursue litigation.
Identifying the At Fault Party
In contrast to normal car crashes, truck accidents typically involve multiple at-fault parties. Depending on the circumstances, you may be able to receive compensation from the driver of the truck or their employer, a company who loaded the truck, the company that manufactured the truck or the truck's parts, or even from government agencies. It will require many hours of research to determine the responsible parties, as they all have different insurance policies.
Although you might be enticed to contact the insurance companies of the other party or claim examiners after your accident, it's an error. The lawyers representing the defendants will be seeking out any statement you make that they could use out of context or twist and distort to weaken your case.
Instead, you should put your energy on getting medical care and recording your injuries. When you are in the beginning of the process it is important to contact an experienced truck accident attorney, who can handle all communication with the responsible parties.
In general, the driver of a truck is at fault for a crash when they exhibit negligent behavior behind the driving. This includes reckless driving, like speeding or driving under the effects of alcohol or drugs. They could also be held accountable for an accident if they don't adhere to the rules of trucking, such as limitations on hours of driving.
If the truck driver's employer knowingly hires an incompetent or negligent driver and they are found to be liable under the legal doctrine known as respondeat superior. The trucking company may also be held accountable if it isn't able to adequately supervise its employees. The company that designed or sold the truck could also be liable for the flaws in the truck.
The person who has control of the relevant surveillance footage of the scene may also be held accountable. They could be able show footage of the circumstances of your accident like skid marks in the middle of clearly marked traffic lanes or damaged guardrail. They may also have video that provides details about the accident, including the truck's position at the time of the accident. However, the video evidence can be difficult to obtain since the people who are in charge of it don't store it for long.
Getting Medical Attention
Even if you seem to be fine after a collision with the truck, it's important to consult a medical professional as soon as you can. Many people feel whiplash-like symptoms for in the days or weeks following an accident. If you don't take note of these symptoms and do not take action, you could end up causing permanent damage and could affect your chances of receiving compensation.
By seeking medical attention, you can ensure that your injuries are completely documented in your medical record. This will stop the trucking company, trucker or other at-fault parties from later claiming that your symptoms weren't related to the accident.
If you have medical insurance, be sure you give the details to your insurers to allow them to bill the policy upfront and later seek reimbursement from the person at fault, or settlement. If you do not have insurance, we can often work with the medical professionals to delay the collection of bills or billing until after your claim is resolved.
After you have sought medical attention, it is essential to keep a record of your experiences. This will allow you to keep track of your injuries and their impact on your life. This can help you recognize accident damages such as medical expenses, income loss from work interruptions, and other losses.
Remember that screaming, shouting or getting into a fight can hurt your case. Insurance adjusters from the truck driver's or trucking company may attempt to contact you and record your account. It is best to politely decline and refer your attorney.
Also, you should keep all your appointments and follow-ups with the doctor. This will allow you to recover quicker and will strengthen your claim for compensation. A jury will be more likely to accept the settlement offer if you have evidence of your medical condition.
Documenting your injuries
Unless you are unable due to injuries from doing this, make sure to capture pictures of the accident scene from various angles and of the damage caused to both vehicles. This will help determine who was responsible, and it will also be helpful in documenting your physical injuries. Additionally, it can be useful to write down everything you remember about the crash, including the smallest details.
If medical attention is available at the site of the incident, be sure to get an extensive evaluation for you and any other passengers. Even if lynchburg truck accident lawsuit don't believe you're injured, a medical professional can detect injuries that will not show up until later on and can reveal the hidden or delayed symptoms during your case.
When you've been checked out at the hospital, be sure to request copies of your medical records. This should be done in conjunction with the medical provider rather than allowing your insurance company to access your medical records. This will protect your privacy and prevent an insurer from using your existing medical conditions against you in a dispute.
It is also recommended to keep the journal of your experiences. This will help you and your lawyer when it comes to making a calculation of your losses. Make sure to record every detail, including the throbbing headache, blurred vision, or a 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 damages.
Speak to any witnesses that were present at the scene of the accident. Get their names and contact details so that your attorney can get them to give a statement later on during the process. If you cannot talk to them at the scene it is crucial to scope out the area around the place where the accident took place. You can also try to locate statements from witnesses later on.
Take any other documents or records that may be relevant to your truck accident claim like police reports and estimates for repairs to your vehicle as well as pay stubs, medical records, along with an accident journal. These records will help prove your losses in a claim dispute with the insurance company of the trucking company's carrier. You may also be required to request certain types of records from the trucking company for example, DOT compliance records.
Contacting an Attorney
Although many victims of truck accidents are able to settle their claims without needing to take their case to court, each case is unique. If you feel that the insurance company isn't being fair or their settlement offers are far less than what you require to cover the damage and you are not satisfied, you might think about making a claim.
There are numerous reasons why it is important to get in touch with an New York truck accident lawyer as soon as you can after a crash. One of the most important is that it lets us begin constructing your case while evidence remains fresh. If you don't contact an attorney, the more difficult it will be to locate important pieces of evidence such as witness statements. Witnesses' memories are likely to fade, and their statements will be deemed unreliable.
A truck accident investigation is also much more thorough than a car accident. Truckers must have special commercial licenses which allow them to drive vehicles with a certain size and weight along the majority of roads. Truckers and trucking firms are also subject to a number of federal regulations which must be adhered to. A seasoned attorney is able to handle this type of investigation and gather all evidence including the black box data of the truck.
It is essential to include a written record of your losses and the impact of your injuries on your life when you file the claim for compensation. This information is used to calculate the total economic damages. This can comprise past, present and future expenses that are incurred in the aftermath of the accident. For example, you can claim compensation for medical costs and lost income, property damage, and much more.
Keep in mind that even a minor injury can have long-term consequences. Therefore, it's important to be examined by a medical professional following any crash regardless of whether you are hurt or not. Being diagnosed and treated promptly will also help to prevent any complications from developing in the future which could make it more difficult to claim compensation for injuries from an accident.