How to File a Truck Accident Claim
Truck accidents can be devastating. They can cause serious injuries and make it difficult for people to continue working and pay bills.
A personal injury claim could be filed by victims to seek damages from the party at blame. The insurance company may not be willing to negotiate a fair contract. 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 typical vehicle crashes. In most cases, there are multiple parties to blame. Depending on the circumstances you could be able to get compensation from the driver of the truck, their employer, a company which loaded the truck, the manufacturer of the truck or the truck's components, or even from government agencies. It will require some time to find all the accountable parties, since they all have different insurance policies.
It is a mistake to contact the insurance companies or claim examiners of the other party following an accident. The defense lawyers of the defendants will be looking to take anything you say out of context, or twist and distort it to undermine your claim.
You should instead focus your efforts on seeking medical care and documenting your injuries. It is important to have an experienced truck accident lawyer involved early in the process to be able to manage all communications with the liable parties.
In general, the driver of a truck is accountable for a collision when they exhibit negligent behavior behind the steering wheel. This includes reckless driving such as speeding or driving under the influence of alcohol or drugs. They may also be responsible for an accident if they fail to follow trucking regulations such as restrictions on driving hours.
If the employer of the truck driver decides to employ a negligent or incompetent driver the company could be found to be liable under the legal law called respondeat superior. The trucking company could also be held accountable if it does not properly supervise its drivers. The company who designed or sold the truck may also be responsible for the flaws in the truck.
A person who controls the relevant surveillance footage of the accident 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 might contain video footage that details the details of the incident, such as the position of the truck at the time of impact. However the video evidence may be difficult to locate because the parties who control it don't store it for long.
Receiving Medical Attention
Even if everything seems fine it is important to see your doctor as soon as you can following a truck crash. It is normal for people to feel symptoms from injuries, such as whiplash, a few days or even weeks after an accident. You may cause permanent damage if ignore these symptoms and jeopardize the chance of getting compensation.
By seeking medical attention, you can be sure that your injuries will be fully recorded in your medical records. This will prevent the truck driver, trucking company or another at-fault party from later claiming that your ailments are not connected to the crash.
If you have medical insurance, be sure to provide this information to your medical providers so that they can charge the policy in advance and then seek reimbursement later from the person at fault or settlement. If you do not have insurance, we may work with the medical providers to delay the collection of bills or billing until after your claim is settled.
Once you have received medical attention, we suggest keeping a journal or other simple record of your experience and the consequences your injuries have caused on your life. This can help you identify injuries related to accidents such as medical expenses, income loss due to absence from work and other losses.
Remember that yelling or screaming or getting into a fight can damage your case. Insurance adjusters from the truck driver's company or the trucking company may try to contact you and take a note of your statements. It is best to politely decline these requests and refer your attorney.
Also, you should keep all your appointments and follow-ups with your physician. This will help you recuperate faster and increase your chances of obtaining compensation for the full range of your injuries. A jury will be more likely to accept a settlement offer if you have medical evidence that is strong.
Documenting Your Injury
Unless your injuries prohibit you from doing this, make sure you capture photos of the accident scene from multiple angles and of the damage to both vehicles. This will help you determine who was responsible and will also document your visible injuries. It could also be helpful to record all the details you remember about the incident even if the injuries seem minor.
If medical assistance is available at the time of the accident, be sure to get a thorough evaluation for yourself and any other passengers. Even if you don't believe you're injured, a medical professional can find injuries that may not show up until later on and can provide evidence of these concealed or delayed symptoms in your case.
Once you've been cleared at the hospital, make sure to request copies of your medical records. It is best to do this directly through your medical practitioner, rather than permitting an insurance company access to your medical records. This will ensure your privacy, and prevent an insurance company from using your pre-existing health condition against you in a claim dispute.
In addition to your medical records, it is also advisable to keep a journal of your injuries and symptoms. This will be useful to you and your lawyer when it comes to calculating your losses. Record every detail, including headaches that throb, blurred vision, or sharp pains in your leg. Keep a log of these symptoms can help support your claims for pain and suffering or loss of enjoyment in life, and other compensation.
If possible, speak to any witnesses who saw the accident. Ask for their contact information and names so that your lawyer can later have them give the statement. If you are unable to speak to them on the spot it is essential to examine the area around the place where the accident occurred and attempt to locate witness statements later on.
It is essential to collect all other documents and records that are relevant to your truck accident case including police reports, estimates for repairs to vehicles and pay stubs medical records, an accident journal. These records will help prove your losses in a dispute with the insurance company that is the trucking company's carrier. You may also have to obtain certain kinds of records from the trucking firm like records for DOT compliance.
Contacting a Lawyer
Every claim is different. While many victims of truck accidents can settle their claims without going to court, each case is unique. If you believe that an insurance company is not being fair or the settlement offers they offer are smaller than what you will need to cover the damages and you are not satisfied, you might think about filing a lawsuit.
There are many reasons why it's crucial to contact an New York truck crash lawyer immediately following an accident as soon as is possible. It allows us to develop your case while the evidence is still in its initial stages. The longer you delay contacting an attorney, the harder it will be to locate crucial 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 a car crash. This is due to the fact that truckers must possess special commercial driver's licenses that allow them to drive vehicles of a particular weight and size on the majority of roadways. rochester truck accident law firm and truckers are additionally subject to a myriad of federal regulations that must be adhered to. An experienced lawyer knows how to handle an investigation and gather all evidence that is available, including the black box data of the truck.
When you make a claim for compensation, it is important to provide detailed documentation of your losses and the impact your injuries have had on your life. This information is used to calculate the total economic damages. These can include past, current and future expenses incurred due to the accident. For instance, you can seek compensation for medical expenses loss of wages, property damage and many more.
It's also important to keep in mind that even what seems like an insignificant injury could result in long-term consequences. Therefore, it is essential to visit an expert doctor following any accident regardless of whether you feel hurt or not. The moment you are diagnosed and treated, it will also help prevent complications from arising in the near future that could make it difficult to recover compensation for your injuries from an accident.