How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries that make it difficult to work and pay bills.
A personal injury claim can be made by the victim to recover damages from the party who was at responsible. However the insurance company could refuse to negotiate an equitable settlement. Your attorney at Buckingham Barrera Vega can assist you determine whether you should pursue litigation.
Identifying the At Fault Party
As opposed to car crashes, truck accidents typically involve multiple at-fault parties. Depending on the circumstances you may be able to obtain compensation from the owner of the truck and their employer, the company which loaded the truck, the company that made the truck, or the truck's parts, and even government agencies. It will take an extensive investigation to identify all the accountable parties, since they each have their own insurance policies.
It is a mistake to call the insurance companies or claim examiners for the other party after an accident. The lawyers representing the defense of defendants will try to use anything you say in a different context or twist and distort it in order to undermine your claim.
You should instead concentrate your efforts on seeking medical treatment and recording your injuries. At iowa truck accident lawyer of the process, it is crucial to engage an experienced truck accident lawyer who will manage all communication with the responsible parties.
In general the case, truck drivers are at fault for an accident when they're negligent behind the steering wheel. This includes reckless driving such as speeding or driving under the influence of alcohol or drugs. They may also be held accountable for an accident in the event that truckers fail to adhere to regulations for trucking, such as the restrictions on driving hours.
Respondeat superior may have the employer of truck driver accountable if they hire a negligent or incompetent person. The trucking company could also be held accountable if it does not adequately supervise its employees. The company that designed or sold the truck could also be liable for the flaws in the truck.
A person who controls the relevant surveillance footage of the scene could also be held responsible. They could have footage that illustrates the accident, such as skids on roads that aren't marked or damaged rails. They might have video footage that shows the details of the accident including the location of the truck at the time of impact. However the video evidence could be difficult to locate because the people who are in charge of the footage don't keep it long.
Get Medical Attention
Even if everything seems to be fine, it's important to consult your doctor as soon as you can following a truck accident. People typically experience symptoms of whiplash days or weeks after an accident. It is possible to cause permanent damage if ignore these symptoms, and compromise your chances of obtaining compensation.
By seeking medical attention you can ensure that your injuries will be completely recorded in your medical records. This will prevent the trucking company, the driver or other parties at fault from claiming later that your symptoms weren't connected to the accident.
If you have health insurance, be sure to disclose this information to your medical providers so they can invoice your policy on a timely basis and then seek reimbursement from the at-fault party or out of any settlement later. If you don't have insurance our law firm will often collaborate with medical professionals to delay billing or collection until after the claim is resolved.
Once you have received medical attention, we suggest keeping a journal or other simple record of your experience and the impact your injuries had on your life. This can help you identify injuries that result from accidents, such as medical expenses, income loss due to absence from work and other losses.
Remember that yelling or screaming or getting into an argument could damage your case. The truck driver's or the trucking company's insurance adjusters are likely to try to contact you, and ask for a recorded statement, but it's best to be politely reject these requests and forward to your attorney.
It is also important to follow your doctor's instructions for treatment and attend all of your follow up appointments. This will allow you to recover quicker and help strengthen your claim for compensation. The presence of medical evidence that is strong and convincing about your injuries will make it easier for jurors to appreciate how serious and significant your losses are. This will increase the chances that you will be able to receive an equitable settlement from the trucking company or other at-fault party.
Documenting your injuries
Photograph both your vehicle and the scene of the crash from various angles. This will allow you to prove who was responsible as well as be helpful in documenting the visible injuries. It is also helpful to record all details you can recall about the incident even if they appear minor.
If medical assistance is available at the site of the accident, be certain to obtain an accurate assessment for yourself and all other passengers. Even if you do not think you're hurt, a medical professional may detect injuries which will not manifest until later and can prove your case.
Once you've been cleared at the hospital, be sure to request copies of your medical records. This is best done directly with the medical professional rather than permitting your insurance company to access your medical records. This will ensure your privacy and prevent an insurance company from using your pre-existing medical condition against you in a claim dispute.
It is also recommended to keep an account of your symptoms. This will assist you and your lawyer when it comes to the calculation of your damages. Keep track of every single detail, such as a throbbing headache, blurry vision, or a sharp pain in your leg. Keep a diary to record your symptoms. This can help you to prove your claim for compensation, which includes the cost of suffering and pain, as well as loss of enjoyment of living.
Talk to witnesses who were present at the scene of the accident. Request their names and contact information so that your attorney can ask them for a statement later on during the process. If you're not able to speak to them directly it's crucial to map out the area around you and search for witnesses' statements later.
Gather any other records or documents that may be relevant to your claim for a truck accident for example, police reports and estimates for vehicle repairs or repairs, pay stubs for payments and medical records, and an accident journal. This will help prove your losses in a dispute with the insurance company that is the trucking company's carrier. You may also be required to subpoena certain types of documents from the company that you are working with like DOT compliance records.
Contacting a Lawyer
Each claim is unique. While many victims of truck accidents are able to settle their claims without going to court, every claim is unique. If an insurance company is unwilling to offer you an equitable settlement, or if their offers are far lower than what you'll need to cover your damages then it could be time to consider filing a lawsuit.
There are a variety of reasons why it is important to get in touch with an New York truck accident lawyer as soon as possible after the incident. It allows us to develop your case while evidence is still in its initial stages. The longer you put off contacting an attorney, the more difficult it will be to retrieve important pieces of evidence such as witness statements. Witnesses' memories fade and their statements will be deemed unreliable.
A truck accident investigation is also much more thorough than an auto accident. This is because truckers must have special commercial driver's licenses, which permit them to operate vehicles of a certain weight and size on a majority of roadways. Truckers and trucking firms are also subject to a range of federal regulations which must be followed. An experienced lawyer is able to conduct an investigation of this kind and gather all available evidence, such as the black box data of the truck.
It is vital to document your loss and the impact of your injuries on your life when filing a compensation claim. This information will be used to calculate your total economic damages, which could be used to pay for present, past and future expenses that result as a direct result of the crash. For instance, you could seek compensation for medical expenses as well as lost wages, property damage and more.
Remember that even a seemingly minor injury may have long-term effects. Therefore, you should always be examined by an expert doctor following any accident regardless of whether you feel hurt or not. The moment you are diagnosed and treated, it can also prevent any complications from arising later on which could make it more difficult to get compensation for your injuries from an accident.
