How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can cause serious injury which can make it difficult to work or pay bills.
Victims can recover damages from the party responsible for the accident by filing an injury claim. The insurance company may not be willing to negotiate a fair settlement. Your lawyer at Buckingham Barrera Vega can assist you decide whether or not to pursue litigation.
Identifying the At Fault Party
In contrast to typical car crashes truck accidents often have multiple at-fault parties. You could be able to recover compensation from the driver of the truck, their employer or the company who loaded the vehicle, the manufacturer of truck or truck components or even government agencies, based on the circumstances. It will take an extensive investigation to find all the accountable parties, since they each have different insurance policies.
It is a mistake to reach out to the insurance companies or claim examiners for the other party after an accident. The defendants' defense lawyers will be looking for anything you say that they can use in a different context or alter and weaken your case.
Instead, focus your efforts on obtaining medical treatment and recording 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 responsible parties.
In general, the driver of a truck is accountable for a collision when they engage in reckless conduct behind the driving. This includes reckless driving such as speeding, driving under the influence of alcohol or drugs. They may also be responsible for an accident if they don't adhere to trucking regulations, such as limitations on hours of driving.
If the employer of a truck driver chooses to hire a driver who is incompetent or negligent and they are legally liable under a law known as respondeat superior. The trucking company could also be held liable if the company fails to properly supervise its employees. Additionally, the company that designed or sold the truck may be liable if it was defective from the beginning.
A person who controls the relevant surveillance footage of the accident scene could also be held liable. They could have footage that illustrates the accident, for example, skids in lanes that are not marked or a damaged rail. They may also have videos that provides details about the crash including the position of the truck at the time of the accident. However, the video evidence can be difficult to locate because the parties in control of the video don't keep it for long.
Receiving Medical Attention
Even if everything seems to be fine, it's important to consult the doctor as soon you can following a accident. It is normal for people to feel symptoms from injuries like whiplash a few days or even weeks after an accident. It is possible to cause permanent injury if you don't take care of these signs and thereby limit your chances of obtaining compensation.
Medical attention is also a way to ensure that your injuries are fully documented in your medical records. This can stop the truck driver, the trucking company or a third party at fault from later claiming your symptoms are not related to the crash.
If you have medical insurance, make sure you give this information to your medical providers to allow them to invoice the policy in advance and then seek reimbursement later from the person who is at fault or settlement. If you don't have insurance our law firm may work with medical providers to postpone billing or collections until after your claim resolves.
After you have received medical attention, we suggest keeping a diary or other basic records of your experiences and the impact your injuries have had on your life. albany truck wreck lawyer will help you determine damage from an accident, including medical expenses, loss of income due to work-related absences and other losses.
It is crucial to remember that while it may be natural to feel upset or angry after a truck accident, shouting or screaming or engaging in argument can harm your case. Insurance adjusters from the truck driver's company or the trucking firm will attempt to contact and take a note of your statements. It is recommended to politely decline these requests and refer your attorney.
It is also important to follow your doctor's recommendations for treatment and attend all of your follow-up appointments. This can help you recover more quickly and can increase your chances of obtaining reimbursement for the entire range of your injuries. A jury will be more likely to accept an offer of settlement if you have a strong medical proof.
Documenting your injuries
Photograph both your vehicle as well as the scene of the accident from different angles. This will allow you to prove who was responsible and will also document your injuries visible. It is also helpful to write down everything you remember about the accident, including the smallest details.
If medical assistance is on the scene, make sure you and any other passengers receive a thorough examination. Even if you do not think you're hurt an expert medical professional could detect injuries that may not appear until later and prove your case.
When you've been checked out at the hospital, make sure to request copies of your medical records. This is best done in conjunction with the medical professional, rather than giving your insurance company permission to view your medical records. This will protect your privacy, and also prevent an insurance company from using your pre-existing condition against you in a dispute over a claim.
In addition to your medical records, it is also advisable to keep a log of your injuries symptoms. This will aid you and your attorney when the calculation of your damages. Be sure to document every single detail, such as a throbbing headache, blurry vision, or sharp pain in your leg. Recording these symptoms may help to 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. Request their contact information and names so that your lawyer could later have them give an account. If you're not able to speak to them immediately, it's important to scope out the area around you and look for witnesses' statements later.
It is important to gather any other documents and records that pertain to your truck accident case, such as police reports, vehicle repair estimates as well as pay stubs, medical records, and an accident journal. This information can be used to prove your losses in the event that you have a dispute with the insurance company of the trucking company. You may need to subpoena the trucking company to produce certain types of records, like DOT records.
Contacting an Attorney
Many truck accident victims are able to settle their claims without having to take their case to court, every case is different. If you believe that the insurance company isn't being fair or their settlement offers are significantly smaller than what you will need to cover the losses and you are not satisfied, you might consider making a claim.
There are a variety of reasons why it is important to reach out to a New York truck accident lawyer as soon as possible after a crash. One of the most important is that it lets us begin constructing your case while evidence remains fresh. The longer you are waiting to contact an attorney, the more difficult it will be to obtain important evidence, such as witness statements. Witnesses' memories are likely to fade and their statements disappear from the record.
In addition the process of investigating truck accidents is longer than an automobile crash. Truckers need special commercial licenses, which permit them to drive vehicles that are a specific size and weight along most roads. Trucking companies and truckers are also subject to a range of federal regulations which must be adhered to. An experienced attorney is able to conduct an investigation of this kind and collect all evidence including the black box data of the truck.
If you make a claim for compensation, it's important to provide detailed documentation of your losses and the impact your injuries have affected your life. This information will be used to calculate your economic damages, which can cover past, present and future expenses that are directly caused by the accident. You could, for instance seek compensation for medical expenses loss of wages, medical expenses, or property damage.
Keep in mind that even a minor injury could cause long-term consequences. It is important to see an experienced doctor following any accident, regardless of whether you feel injured or not. Being diagnosed and treated promptly will also help prevent complications from arising in the future which could make it more difficult to obtain compensation for accident-related losses.