How to File a Truck Accident Claim
Truck accidents can be traumatic. They can cause serious injury, making it difficult for you to continue working or pay your bills.
Victims are able to seek damages from the party responsible for the accident by filing a personal injury claim. However, the insurance company may refuse to negotiate an equitable settlement. Your lawyer at Buckingham Barrera Vea can assist you decide whether or not to pursue litigation.
Identifying the At Fault Party
In contrast to normal car crashes, truck accidents often have multiple at-fault parties. You could be able to recover compensation from the driver of the truck and their employer as well as the company that loaded the vehicle the manufacturer of truck or truck parts or even government agencies, based on the circumstances. It will require some time to determine the accountable parties, since they all have their own insurance policies.
It is a blunder to contact the insurance companies or claim examiners for the other party after an accident. The defense lawyers of the defendants will be seeking out any statement you make that they can use in a different context or twist and distort to weaken your case.
Instead, focus your energy on getting medical attention and documenting your injuries. It is crucial to have an experienced truck accident lawyer involved early in the process so that they can handle all communications with liable parties.
In general, the truck driver is responsible for a collision when they engage in negligent behavior behind the wheel. This includes reckless driving, including speeding or driving under the under the influence of alcohol or drugs. They also could be liable for an accident if they don't follow trucking regulations such as restrictions on the hours of operation.
If the employer of a truck driver decides to employ a negligent or incompetent driver the company could be held liable under a legal doctrine known as respondeat superior. It's also possible that the trucking company could be held accountable in the event that they fail to properly supervise their drivers. Also, the business that engineered or sold the truck could be held responsible if the design was not properly designed from the beginning.
In addition, any party in control of relevant surveillance footage that filmed the accident scene may be held accountable. They could be able show footage of how your accident happened, such as skid marks that are outside clearly marked traffic lanes or damaged guardrail. They may have video footage that demonstrates the details of the accident like the location of the truck at the time of impact. However the video evidence could be difficult to obtain since the parties responsible for it don't store it for long.
Get Medical Attention
Even if everything seems to be fine it is important to see a doctor as soon as you can after a truck accident. It is common for people to feel symptoms from injuries, such as whiplash, in a few days or weeks after an accident. It is possible to cause permanent injury if you don't take care of these signs and could limit your chances of obtaining compensation.
By seeking medical attention you can ensure that your injuries will be fully recorded in your medical records. This can prevent the truck driver, the trucking company or a third party at fault from later claiming that your ailments are unrelated to the crash.
If you are covered by health insurance, be sure to give this information to your doctors to enable them to be able to bill your policy ahead of time and then seek reimbursement from the at-fault party or out of any settlement later. If you don't have insurance, we can often collaborate with medical providers to defer billing or collection until after the claim has been settled.
After you have received medical attention, we suggest keeping a journal or another simple record of your experience and the impact your injuries had on your life. This can help you recognize injuries that result from accidents, such as medical expenses, income loss due to work-related absences and other losses.
Be aware that shouting or screaming or getting into an argument could damage your case. Insurance adjusters from the truck driver or a trucking company may try to contact you and record your statement. It is best to respectfully decline and refer the request to your attorney.
It is also essential to follow your doctor's advice for treatment and keep all of your follow up appointments. This will allow you to recover faster and strengthen your claims for compensation for all of your injuries. A strong medical proof of your injuries can aid jurors to appreciate how serious and significant your losses are, and will increase the chances that you'll be able get a fair settlement offer from the trucking company or another at-fault party.
Documenting Your Injury
Take pictures of both vehicles as well as the scene of the accident from different angles. This will help you determine who is at fault and will also document your injuries visible. Additionally, it may be helpful to write down everything you remember about the accident, including small details.
If medical assistance is on the scene, make sure you and the other passengers undergo a thorough examination. Even if it isn't clear that you believe you're injured, a physician can detect injuries that do not appear until later and reveal the invisible or delayed symptoms throughout your case.
After you have been examined in the hospital, make sure that you request copies of your medical records. It is recommended to request this directly with the medical provider, rather than permitting an insurance company to access your medical records. This will help protect your privacy and prevent an insurance company from utilizing your pre-existing health conditions against you in a claim dispute.
You should also keep the journal of your experiences. This will aid you and your attorney when calculating your damages. Record every detail, including headaches that throb blurred vision, sharp pains in your leg. Keep a journal to record your symptoms. This will help in proving your claim for compensation, which includes the cost of suffering and pain, as well as loss of enjoyment.
Contact witnesses who witnessed the accident. Get their names and contact information so that your attorney can request a statement from them later on in the process. If you cannot talk to them at the scene, it is important to look around areas around where the accident took place. You can also try to obtain witness statements later on.
It is essential to collect any other records and documents that pertain to your truck accident case including police reports, vehicle repair estimates as well as pay stubs medical records, an accident journal. This will help prove your loss in a dispute with the insurance carrier. It is possible to subpoena the trucking company for certain kinds of records, like DOT records.
Contacting an attorney
While many victims of accidents involving trucks are able to settle their claims without needing to take their case to court, each case is unique. If an insurance provider refuses to offer you a fair settlement, or if the offers offered are significantly lower than what you require to cover your damages, it may be the right time to think about filing a lawsuit.
There are numerous reasons why it is important to connect with a New York truck accident lawyer immediately after an accident. It allows us to develop your case while the evidence is still fresh. The longer you delay to speak with an attorney, the more difficult it will be to obtain crucial pieces of evidence, like witness statements. The memories of witnesses will fade, and their statements become unreliable.
In addition, the investigation process for an accident involving trucks is more extensive than that of an automobile crash. Truckers require special commercial licenses that allow them to drive vehicles of a certain size weight on the majority of roads. Trucking companies and truckers are also subject to a number of federal regulations which must be followed. A seasoned attorney will be able to handle this type of investigation and gather all available evidence like the black box on the truck.
It is crucial to provide documentation of your losses and the impact of your injuries on your life when filing the claim for compensation. new hampshire truck wreck lawyer can be used to calculate total economic damages. This could include both current and past future expenses that are incurred as a result of the accident. You could, for instance, seek compensation for medical expenses and lost wages as well as property damage.
Keep in mind that even a minor injury can have long-term effects. Therefore, it is essential to be examined by a doctor following any accident regardless of whether you are hurt or not. A quick diagnosis and treatment can prevent problems from arising in the future that could make it difficult to recover compensation for your accident-related losses.