How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can result in serious injuries which make it difficult to continue working and pay bills.
A personal injury claim can be filed by victims to recover damages from the party who was at fault. However the insurance company could refuse to negotiate an appropriate settlement. Your attorney at Buckingham Barrera Vea can assist you decide if it is appropriate to take legal action.
Identifying the At-Fault Party
In contrast to typical car crashes truck accidents typically involve multiple at-fault parties. You may be able recover compensation from the driver of the truck and their employer, the company which loaded the vehicle, the manufacturer of truck parts or truck trucks, or even government agencies, based on the circumstances. It will take an extensive investigation to identify all the responsible parties, as they all have their own insurance policies.
If you are tempted to contact the other party's insurance companies or claim examiners after your accident, this is not the best idea. The defense lawyers of the defendants will be seeking out any statement you make that they can use out of context or make up to weaken your case.
Instead, you should focus your efforts on getting medical care and recording your injuries. In the early stages of the process it is important to contact an experienced truck accident lawyer who is able to handle all communication with responsible parties.
In general, the truck driver is at fault for a crash when they engage in reckless behavior behind the wheel. This includes reckless driving, such as speeding, driving under the influence of alcohol or drugs. They also could be liable for an accident if they don't follow trucking regulations such as limitations on hours of driving.
Respondeat superior may have the employer of the truck driver accountable in the event that they hire a negligent or incompetent person. The trucking company could also be held liable if it isn't able to adequately supervise its drivers. The company who designed or sold the truck may also be accountable for the flaws in the truck.
A person who controls the relevant surveillance footage of the scene could also be held responsible. They may have footage that shows the accident, such as skids in lanes that are not marked or a damaged rail. They may have video footage that shows the details of the accident like the location of the truck at the time of impact. Video evidence isn't easy to locate, since the people who control it don't store it for long.
Seek medical attention
Even if everything seems to be fine but it's still important to talk to an expert as soon as you can following a truck crash. There are many people who experience symptoms of whiplash within a few days or weeks following an accident. You could cause permanent damage if ignore these signs and thereby limit your ability to get compensation.
In addition, seeking medical attention ensures that your injuries are fully recorded in your medical records. This will stop the trucker, trucking company or any other at-fault party from later claiming that your symptoms were not caused by the accident.
If you have medical insurance, be sure you provide the details to your insurers to allow them to bill the policy upfront and later seek reimbursement from the person at fault, or settlement. If you do not have insurance, we often work with the medical professionals to delay billing or collection until after your claim is resolved.
After you have received medical attention, we recommend keeping a journal or other simple documentation of your experiences and the consequences your injuries have caused on your life. This will help you determine injuries related to accidents such as medical expenses, loss of income from working absences, and other losses.
It is important to remember that even though it's normal to feel upset or angry following a truck accident, shouting, screaming, or engaging in argument can cause damage to your case. Insurance adjusters from the truck driver's company or the trucking company may try to contact you and record your account. It is best to be polite and decline the request. these requests to your attorney.
Also, you should keep all appointments and follow-ups with your physician. This can help you recover more quickly and can increase your chances of obtaining compensation for the full range of your injuries. A jury is more likely to accept any settlement offer if have strong medical evidence.
Documenting Your Injuries
Unless you are unable due to injuries from doing so, be sure to capture pictures of the scene from multiple angles, and of the damages caused to both vehicles. kalamazoo truck accident lawyer will help you determine who was at fault, and will also document the visible injuries. Additionally, it may be useful to note everything you remember about the crash, including minor details.
If medical assistance is on the scene, make sure you and all other passengers are examined thoroughly. Even if you don't think you're injured, a medical professional will find injuries that don't appear until later and provide evidence in your case.
When you've been checked out at the hospital, make sure to request copies of your medical records. This should be done in conjunction with the medical professional, rather than the insurance company being able to view your medical records. This will help secure your privacy and also prevent an insurance company from using your pre-existing medical conditions against you during a claim dispute.
In addition to your medical records, you should also keep a record of the symptoms you experience due to your injury. This will be useful to you and your lawyer when it comes time to making a calculation of your losses. Note every detail, including a throbbing headache blurred vision, sharp pains in your leg. Keeping a journal of these symptoms can help support your claims for pain and suffering and loss of enjoyment of life, and other damages.
If you can, speak to witnesses who witnessed the accident. Contact them with their contact details and names so that your lawyer could later ask them to provide a statement. If you can't speak with them at the scene it is crucial to scope out areas around where the accident occurred and try to locate witness statements later on.
Take any other records or documents that may be relevant to your claim for a truck accident like police reports and estimates for repairs to your vehicle such as pay stubs, pay stubs and medical records, as well as an accident journal. This information can be used to prove your losses if you have a dispute with the insurance company of the trucking firm. You may have to ask the trucking firm for certain kinds of documents, such as DOT 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 case is different. If you believe that the insurance company isn't being fair or the settlement offers they offer are less than what you require to cover the damages, you may want to think about filing a lawsuit.
There are numerous reasons why it is important to get in touch with a New York truck accident lawyer immediately after a crash. It helps us build your case while the evidence is still in its initial stages. The longer you delay to reach out to an attorney the more difficult it will be to find crucial evidence, like witness statements. Witnesses' memories will wane and their testimony will become less reliable.
Additionally, the investigation process for an accident involving trucks is more extensive than a car crash. Truckers require special commercial licenses which allow them to drive vehicles of a certain size weight along most roads. Trucking companies and truckers are also subject to a range of federal regulations that must be adhered to. A skilled attorney knows how to conduct an investigation and gather all the evidence that is available including the black box information of the truck.
It is essential to include a written record of your loss and the impact of your injuries on your life when filing the claim for compensation. The information you provide will be used to calculate your economic damages. These can be used to pay for past, present and future expenses that result as directly caused by the accident. You could, for instance seek compensation for medical costs, lost wages, or property damage.
Remember that even a minor injury could cause long-term effects. So, it's a good idea to get checked out by an expert doctor following any accident regardless of whether you feel injured or not. Getting diagnosed and treated immediately can also prevent any complications from developing in the future which could make it more difficult to recover compensation for your injuries resulting from accidents.