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 your bills.
Victims are able to seek damages from the party responsible for the accident by filing a personal injury claim. However, the insurance company may not agree to an appropriate settlement. Your attorney at Buckingham Barrera Vega can help you decide if you should pursue litigation.
Identifying the party at fault
Truck accidents are more complicated than typical vehicle crashes. In most cases, there are multiple parties to blame. 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 manufacturer of the truck, or the truck's parts, or even from government agencies. Recognizing all the parties responsible requires a lot of investigation because each of them has their own insurance policies and a variety of factors to consider.
Although you might be enticed to contact the insurance companies of the other party or claim examiners following the accident, this is not a good idea. The lawyers representing the defense of defendants will be looking to use anything you say in a different context or twist and distort it to weaken your claim.
You should instead concentrate your efforts on seeking medical treatment and documenting your injuries. It's important to get an experienced lawyer for truck accidents involved early in the process so that they can handle all communication with the liable parties.
In general, a truck driver is at the fault in an accident when they're negligent behind the wheel. This includes reckless driving, such as speeding, driving while under the influence of drugs or alcohol. They could also be accountable for an accident if they do not comply with trucking regulations, for example, restrictions on driving hours.
If the truck driver's employer chooses to hire an incompetent or negligent driver and they are held liable under a legal law called respondeat superior. The trucking company could also be held liable if it fails to properly supervise its employees. The company that created or sold the truck may also be accountable for the flaws in the truck.
Additionally, any parties in control of relevant surveillance footage that captured the scene of the accident could be liable. They might be able provide footage that demonstrates what caused your accident, such as skid marks outside of marked traffic lanes or a damaged guardrail. They may also have video that will provide information about the crash and the location of the truck at the time of the crash. Video evidence isn't easy to obtain, as the people who control it do not store it for long periods of time.
Seeking Medical Attention
Even if all seems well but it's still important to talk to your doctor as soon as you can following a truck crash. People often experience symptoms of whiplash in the days or weeks following an accident. If you do not take care to address these symptoms and do not take action, you could end up causing permanent damage and potentially jeopardizing your chances of receiving compensation.
Seeking medical attention also ensures that your injuries are documented in your medical records. This will prevent the truck driver, the trucking company or a third party at fault from later claiming that your ailments are not related to the accident.
If you have medical insurance, make sure to disclose the details to your insurers in order to bill the policy upfront and then seek reimbursement later from the person at fault or settlement. If you do not have insurance, we can often collaborate with medical providers to delay collection or billing until after your claim is settled.
Once you have sought medical attention, it is crucial to keep a log of your experiences. This will allow you to document your injuries and their impact on your life. This will help you determine injuries related to accidents such as medical expenses, income loss from missing work and other losses.
Remember that screaming, shouting or getting into an argument could damage your case. The truck driver's or trucking company's insurance adjusters will likely try to reach you and ask for a written declaration, but it's best to respectfully decline these requests and refer to your attorney.
It is also crucial to follow your doctor's instructions for treatment and keep all of your follow-up appointments. This will allow you to recuperate faster and increase the strength of your claim for compensation. Evidence of a strong medical basis for your injuries can aid jurors to comprehend how serious and significant your losses are. It will increase the odds that you'll be able to receive a fair settlement offer from the trucking company or another at-fault party.
Documenting Your Injuries
Unless your injuries prohibit you from doing this, make sure you capture photos of the scene of the accident from various angles and of the damage that was caused to both vehicles. This will help prove who is at fault and will also document your injuries visible. Additionally, it may be beneficial to record everything you remember about the accident, including minor details.
If medical assistance is available at the site of the accident, be sure to get a thorough evaluation for you and any other passengers. Even if you don't believe you're injured, a medical professional will detect injuries which will not be evident until later, and prove your case.
Once you are checked out at the hospital, make sure to request copies of your medical records. It is recommended to request this directly from the medical provider, rather than allowing an insurance provider to have access to your medical records. This will help to ensure your privacy and stop an insurance company from using your existing medical conditions against you during a claim dispute.
Keep a diary of your symptoms. This will be useful to you and your lawyer when it comes time to the calculation of your losses. Be sure to document every particular detail, like a throbbing headache, blurry vision, or sharp pain in your leg. A journal of these symptoms can aid in supporting your claims for pain and suffering or loss of enjoyment in life, and other damages.
If you can, speak to any witnesses who saw the incident. Request their names and contact information so that your lawyer can request a statement from them later on in the process. If you are unable to speak to them on the spot it is essential to examine the area around where the accident took place and try to find witness statements later on.
Take any other documents or records that may be relevant to your claim for a truck accident including police reports and estimates for repairs to your vehicle or repairs, pay stubs for payments and medical records, as well as an accident journal. These documents will help prove your losses in a claim dispute with the trucking company's insurance carrier. It is possible to subpoena the trucking company for certain kinds of documents, such as DOT records.
Contacting a Lawyer
Many truck accident victims are able to settle their claims without having to go to court, every claim is different. If an insurance company is unwilling to give you a fair settlement, or if their offers are substantially less than the amount you'll need to cover your damages and losses, it might be time to consider filing a lawsuit.
There are numerous reasons to get in touch with an New York truck accident lawyer immediately after an accident. One of the most important is that it allows us to begin building your case while evidence is fresh. If you don't contact an attorney, the harder it will be to get important evidence, like witness statements. The memories of witnesses will fade and their statements will become suspect.
A truck accident investigation is also much more thorough than a car accident. Truckers must possess special commercial licenses that permit them to drive vehicles of a certain size weight along most roads. Truckers and trucking firms are also subject to a variety of federal regulations which must be adhered to. An experienced attorney can handle this type of investigation and gather all evidence, such as the black box of the truck.
When you make a claim for compensation, you need to provide detailed documentation of your losses as well as the impact your injuries have affected your life. The information you provide will be used to calculate your total economic damages, which can be used to pay for past, present and future expenses that result as directly related to the accident. For instance, you can claim compensation for medical expenses as well as lost wages, property damage, and more.
It is also important to remember that even an insignificant injury could result in long-term effects. Therefore, district of columbia truck accident lawyer is essential to be examined by a doctor following any accident regardless of whether you feel injured or not. Diagnosed and treated immediately, you can also prevent any future issues that could make it more difficult to collect compensation from accident-related losses.