How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can cause serious injuries which make it difficult to work and pay bills.
A personal injury claim can be brought by victims to recover damages from the party who was at responsible. The insurance company may not be willing to negotiate a fair settlement. Your attorney at Buckingham Barrera Vea can help you decide whether to pursue litigation.
Identifying the At Fault Party
Truck accidents are more complex than normal vehicle crashes. Often, there are several parties to blame. You may be able recover compensation from the driver of the truck as well as their employer and the company that loaded the vehicle, the manufacturer of truck or truck components, or even government agencies, based on the circumstances. Identifying all parties liable will require a thorough investigation because each of them has their own insurance policies, and there are a lot of variables to consider.
It is a mistake to reach out to the insurance companies or claim examiners for the other party after an accident. The defense lawyers of the defendants will be searching for anything you say that they could use out of context or twist and distort to weaken your case.
Instead, you should concentrate your efforts on getting medical treatment and logging your injuries. It is crucial to have an experienced lawyer for truck accidents involved in the early stages of the process, so that they can handle all communication with responsible parties.
In general, a truck driver is at fault for an accident when they're negligent behind the wheel. This includes reckless driving, such as speeding or driving under the influence of drugs or alcohol. They may also be responsible for an accident if they do not follow trucking regulations such as restrictions on hours of driving.
If the company that employs the truck driver is aware of hiring an incompetent or negligent driver and they are held liable under a legal law called respondeat superior. The trucking company may also be held responsible if it does not properly supervise its employees. The company that created or sold the truck could also be accountable for its flaws.
A person who controls the relevant surveillance footage of the scene could also be held liable. They could have footage that shows the accident, such as skids in lanes that are not marked or damaged rails. They may have video footage that demonstrates the details of the incident including the position of the truck at the time of the collision. Video evidence is hard to find, as the parties that control the evidence do not keep it for long.
Seek medical attention
Even if all seems well, it's important to consult an expert as soon as you can following a truck crash. It is normal for people to experience symptoms from injuries such as whiplash just a few days or weeks after an accident. If you do not take care to address these symptoms you could cause permanent injury and may even affect your chances of receiving compensation.
Getting medical attention ensures that your injuries are recorded in your medical records. This can stop the truck driver, trucking company or another at-fault person from later claiming that your ailments are unrelated to the crash.
If you have health insurance, be sure to disclose this information to your medical providers so they can charge your policy in advance and request reimbursement from the party at fault or from any settlement later. If you don't have insurance, we often work with the medical providers to delay billing or collection until after the claim has been resolved.
If you've sought medical attention, it is important to keep a journal of your experiences. This will allow you to keep track of your injuries as well as their impact on your life. This can help you identify accident-related damages such as medical expenses, lost income from missing work and other losses.
Be aware that screaming or shouting or engaging in an argument could hurt your case. The truck driver's or the trucking company's insurance adjusters will likely attempt to reach you and ask for a written statement, however it is best to politely refuse these requests and forward to your attorney.
Also, you should keep all appointments and follow-ups to your doctor. This can help you recuperate faster and help you to prove your claim for settlement for the full range of your injuries. Evidence of a strong medical basis for your injuries will aid jurors to comprehend how serious and significant your losses are. It also will increase the odds that you will be able to obtain a fair settlement offer from the trucking company or another at-fault party.
Documenting your injuries
Take pictures of both vehicles and the accident scene, from various angles. stamford truck accident attorney will allow you to prove who was at fault, and also record the physical injuries you sustained. Additionally, it may be beneficial to record everything you remember about the crash, including minor details.
If medical assistance is available at the scene, make sure you and the other passengers are examined thoroughly. Even if you don't think you're hurt, a medical professional will find injuries that don't be evident until later, and prove your case.
After you have been discharged at the hospital, make sure to request copies of your medical records. This is best done directly with the medical provider rather than the insurance company being able to see your medical records. This will ensure your privacy and stop the insurer from using your pre-existing medical conditions against you in a claim dispute.
You should also keep the journal of your experiences. This will be useful to you and your lawyer when it comes time to making a calculation of your losses. Record every detail, including a throbbing headache blurred vision, sharp pains in your leg. Recording these symptoms can help support your claims for pain and suffering and loss of enjoyment of life, and other compensation.
If you can, speak to any witnesses who saw the incident. Ask for their names and contact information to enable your attorney to get them to give a statement later in the process. If you can't speak to them at the scene, it is important to scope out areas around where the accident took place. You can also try to locate statements from witnesses later on.
It is important to gather any other records and documents that pertain to your case of a truck accident, such as police reports, estimates for repairs to vehicles and pay stubs medical records, an accident journal. This will help prove your loss in a dispute with the insurance company that is the trucking company's carrier. It is possible to subpoena the trucking company to produce certain types of documents, such as DOT records.
Contacting an attorney
Each claim is unique. While many victims of truck accidents can settle their claims without having to go to court, each claim is unique. If you feel that an insurance company isn't being fair or the settlement offers they offer are lower than what you need to pay for the damages 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 a New York truck accident lawyer as soon as possible after the incident. One of the most important is that it allows us to begin constructing your case while evidence is fresh. The longer you wait to contact an attorney, the more difficult it will be to locate important evidence, such as witness statements. The memories of witnesses will fade and their statements will become suspect.
Additionally the investigation process for a truck accident is much more extensive than that of an automobile crash. Truckers must possess special commercial licenses which allow them to drive vehicles that are a specific size and weight along most roads. Trucking companies and truckers are also subject to a number of federal regulations which must be followed. An experienced lawyer is able to handle an investigation and gather all evidence available including the black-box data of the truck.
If you make a claim for compensation, it is important to include detailed documentation of your losses and the effect your injuries have affected your life. This information is used to calculate your total economic damages. These can be used to pay for past, present and future expenses that result as a direct result of the crash. For example, you can claim compensation for medical costs, lost wages, property damage, and much more.
Be aware that even a minor injury may have long-term consequences. Therefore, it is essential to visit an expert doctor following any accident regardless of whether you are hurt or not. A quick diagnosis and treatment will also help prevent complications from arising in the near future which could make it more difficult to recover compensation for your accident-related losses.