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How to File a Truck Accident Claim
Truck accidents can be traumatic. They can result in serious injuries that make it difficult to continue working and paying bills.
A personal injury claim could be filed by victims to recover damages from the party who was at blame. The insurance company might not be willing to negotiate a fair settlement. Your lawyer at Buckingham Barrera Vega can help you decide whether or not to pursue litigation.
Identifying the At Fault Party
Unlike standard vehicle crashes, truck accidents usually involve multiple at-fault parties. Depending on the circumstances, you could be able to receive compensation from the driver of the truck, their employer, a company that loaded the truck the manufacturer of the truck or the truck's parts, or even government agencies. Finding all the responsible parties requires a lot of investigation as each party has different insurance policies and numerous factors to consider.
While you may be tempted to speak to the insurance companies of the other party or claim examiners following the accident, this is an error. Defense lawyers for the defendants will be looking for anything you say that they can use in a different context or make up to weaken your case.
You should instead focus your efforts on getting medical treatment and recording your injuries. Early on in the process it is crucial to engage an experienced truck accident attorney who will handle all communication with responsible parties.
In general, a truck driver is at fault for an accident when they're negligent behind the steering wheel. This includes reckless driving such as speeding, driving while under the influence of drugs or alcohol. They may also be responsible for an accident if they don't follow trucking regulations such as limitations on hours of driving.
If the company that employs the truck driver chooses to hire a driver who is incompetent or negligent, they could be legally liable under a law called respondeat superior. The trucking company can also be held responsible if it isn't able to adequately supervise its employees. The company that created or sold the truck could also be liable for its shortcomings.
Additionally, any parties in control of relevant surveillance footage which captured the accident scene may be held responsible. They may have footage that shows the accident, for example, skids on roads that aren't marked or a damaged rail. They may have video footage that illustrates the details of the incident, such as the position of the truck at the time of impact. Video evidence is difficult to locate, since the parties who control it don't store it for a long time.
Getting Medical Attention
Even if everything seems fine however, it's crucial to speak with a doctor as soon as you can following a accident. It is normal for people to experience the symptoms from injuries, such as whiplash, just a few days or weeks after an accident. You could end up causing permanent injury if you don't take care of these symptoms, and compromise the chance of getting compensation.
Seeking medical attention also ensures that your injuries are documented in your medical records. This will prevent the trucking company, trucker, or other at-fault parties from later claiming that your injuries were not caused by the accident.
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 don't have insurance our law firm is able to collaborate with medical professionals to delay billing or collection until after the claim is resolved.
After you have received medical attention, we suggest keeping a diary or other simple records of your experiences and the impact your injuries had on your life. This can help you identify the damages caused by accidents such as medical expenses, income loss due to missing work and other losses.
Remember that screaming, shouting or getting into an argument could damage your case. Insurance adjusters from the truck driver or a 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 the doctor's directions for treatment and to keep all of your follow up appointments. This will help you recover more quickly and can make it easier to claim reimbursement for the entire range of your injuries. Evidence of a strong medical basis for your injuries will help jurors to comprehend the severity and significance of your losses are. It also will increase the odds that you will be able get a fair settlement offer from the trucking company or any other at-fault party.
Documenting your injuries
Unless your injuries prohibit you from doing so, be sure you capture photos of the scene from multiple angles, and of the damage that was caused to both vehicles. This will help determine who was responsible and will be helpful in documenting your injuries visible. Additionally, it can be useful to write down everything you remember about the crash, including small details.
If medical assistance is available at the scene, ensure that you and all other passengers are examined thoroughly. Even if you do not think you are hurt, a doctor can detect injuries that will not show up until later on and reveal the hidden or delayed signs during your case.
Once you've been cleared at the hospital, make sure to request copies of your medical records. This should be done directly with the medical professional, rather than permitting your insurance company to view your medical records. This will help to keep your information private and prevent an insurer from using your existing medical conditions against you in a claim dispute.
Keep an account of your symptoms. This will assist you and your lawyer when the calculation of your damages. Record every detail, including an aching headache blurred vision, sharp pains in your leg. Keep a log of these symptoms can aid in supporting your claims for pain and suffering, loss of enjoyment of life, and other damages.
If you can, speak to any witnesses who saw the accident. Request their names and contact details so that your attorney can get them to give a statement later in the process. If you can't speak to them at the scene, it is important to look around areas around where the accident occurred and try to find witness statements later on.
santa ana truck wreck lawyer is important to gather any other records and documents that pertain to your truck accident case like police reports, estimates of repairs to your vehicle, pay stubs, medical records, and an accident journal. This will help prove your losses in a dispute with the insurance company of the trucking company's carrier. You may also need to subpoena certain types of documents from the trucking company, such as the DOT compliance records.
Contacting an Attorney
Every claim is unique. While many truck accident victims can settle their claims without going to court, every case is different. If an insurance provider refuses to provide you with an equitable settlement, or if their offers are far less than the amount you'll need to cover your damages, it may be time to consider a lawsuit.
There are numerous reasons to contact an New York truck accident lawyer immediately after a crash. One of the most important is that it lets us begin to build your case while evidence is fresh. The longer you are waiting to get in touch with an attorney the more difficult it will be to find crucial evidence, such as witness statements. Witnesses' memories fade and their testimony will become unreliable.
Additionally the investigation process for an accident involving trucks is more extensive than that of an automobile crash. This is due to the fact that truckers must possess special commercial driver's licenses, which permit them to operate vehicles of a certain size and weight on most roadways. Truckers and trucking firms are also subject to a range of federal regulations which must be adhered to. An experienced lawyer is able to handle this type of investigation and collect all evidence including the truck's black box data.
If you seek compensation, it is important to document in detail your losses and the impact your injuries have had on your life. This information will be used to calculate your economic damages, which can be used to pay for past, present and future expenses that are directly related to the accident. You could, for instance seek compensation for medical expenses as well as lost wages or property damage.
It's also important to remember that even what seems like an injury of a minor nature could have long-term effects. Therefore, it's important to have a check-up with an expert doctor following any accident regardless of whether you feel hurt or not. If you are treated and diagnosed immediately to avoid future complications that could make it more difficult to get compensation from your accidents-related losses.