How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries and make it difficult for you to continue working or pay bills.
A personal injury claim can be filed by victims to seek damages from the party at fault. However, the insurance company may not agree to an appropriate settlement. Your lawyer at Buckingham Barrera Vea can assist you decide whether to take legal action.
Identifying the At-Fault Party
The nature of truck accidents is more complicated than regular vehicle accidents. Often, there are several parties to blame. You could get compensation from the driver of the truck, their employer and the company who loaded the vehicle, the manufacturer of truck truck parts or even government agencies, based on the circumstances. It will take an extensive investigation to find all the responsible parties, as they each have their own insurance policies.
It is a blunder to contact the insurance companies or claim examiners of the opposing party following an accident. The lawyers representing the defense of defendants will be looking to take what you say out of context or twist and distort it to weaken your claim.
Instead, palatine truck wreck lawyer should focus your efforts on getting medical care and recording your injuries. When you are in the beginning of the process it is important to contact an experienced attorney for truck accidents, who can handle all communication with responsible parties.
In general the case, truck drivers are at the fault of an accident if they're negligent behind the driving. This includes reckless driving, such as speeding, driving under the influence of alcohol or drugs. They may also be held accountable for an accident when truckers do not abide by the rules of trucking, for example, limits on hours of operation.
If the employer of a truck driver knowingly hires a negligent or incompetent driver and they are held liable under a legal doctrine known as respondeat superior. It is also possible that the trucking company is responsible if they don't properly supervise their drivers. Furthermore, the company who designed or sold the truck could be held responsible if the design was faulty from the beginning.
A person who controls the relevant surveillance footage of the scene of the accident could also be liable. They may have footage that demonstrates the accident, for example, skids outside of marked lanes or a damaged rail. They might have video footage that shows the details of the incident including the location of the truck at the time of impact. Video evidence is hard to find, as the parties who own it don't store it for long.
Getting Medical Attention
Even if everything seems to be fine, it's important to consult an expert as soon as you can after a truck crash. It is normal for people to suffer symptoms from injuries such as whiplash just a few days or weeks after an accident. If you don't take note of these symptoms, you may risk causing permanent damage and potentially jeopardizing the chance of receiving compensation.
In addition, seeking medical attention ensures that your injuries are fully recorded in your medical records. This will prevent the trucking company, trucker or other parties at fault from claiming that your symptoms were not related to the accident.
If you are covered by health insurance, make sure to disclose this information to your doctors so they can be able to bill your policy ahead of time and seek reimbursement from the at-fault party or from any settlement later. If you don't have insurance, our law firm will often collaborate with medical professionals to delay collection or billing until after your claim has been resolved.
After you have sought medical attention, it's crucial to keep a log of your experiences. This will allow you to keep track of your injuries as well as their impact on your life. This can help you to identify accident damages such as medical expenses, lost income because of work absences and other losses.
Be aware that shouting or screaming or getting into an argument can damage your case. Insurance adjusters from the truck driver or trucking company will try to contact and record your testimony. It is best to politely decline and refer the request to your attorney.
You should also remember all appointments and follow-ups to your doctor. This will allow you to recover quicker and will strengthen your claim for compensation. A strong medical proof of your injuries can aid jurors to see the severity and significance of your losses are. It also will increase the chances that you will be able to obtain an equitable settlement from the trucking company or other at-fault party.
Documenting your injuries
Unless your injuries prohibit you from doing this, make sure to take pictures of the accident scene from various angles and of the damage caused to both vehicles. This will help you prove who was at fault, and will also document the visible injuries. Additionally, it may be helpful to write down everything you remember about the accident, including the smallest details.
If medical attention is available at the scene of the accident, be sure to get an accurate assessment for yourself and the other passengers. Even if you do not think you're injured, a medical professional will detect injuries which will not manifest until later and can give evidence in your case.
After you have been examined at the hospital, make sure that you request copies of your medical records. This should be done in conjunction with the medical professional rather than giving your insurance company permission to view your medical records. This will ensure your privacy and stop the insurer from using your existing medical conditions against you in a claim dispute.
In addition to your medical records, you should keep a diary of your injury symptoms. This will help you and your lawyer when it comes to making a calculation of your losses. Be sure to document every detail, including the throbbing headache, blurred vision, or a sharp pain in your leg. Keep a log of your symptoms. This can help you in proving your claim for compensation, including suffering and pain as well as loss of enjoyment of life.
If possible, talk to witnesses who witnessed the accident. Contact them with their contact details and names so that your lawyer can later ask them to give the statement. If you can't speak to them on the spot it is vital to investigate the area around the place where the accident occurred and attempt to obtain witness statements later on.
Gather any other records or documents that could be relevant to your truck accident claim for example, police reports and estimates for vehicle repairs as well as pay stubs, medical records, along with an accident journal. These records can be used to prove your losses if you are in dispute with the insurance firm of the trucking business. You may also be required to request certain types of documents from the trucking company, such as records for DOT compliance.
Contacting a Lawyer
Every claim is different. While many truck accident victims can settle their claims without having to go to court, each case is unique. If an insurance company is unwilling to give you an adequate settlement or their offers are significantly less than what you need to cover your losses, it may be the right time to think about filing a lawsuit.
There are a myriad of reasons why it's essential to contact an New York truck crash lawyer as soon after an accident as possible. It allows us to build your case while evidence is still fresh. The longer you delay to reach out to an attorney the more difficult it will be to find crucial pieces of evidence, such as witness statements. The memories of witnesses will fade and their statements will become suspect.
Additionally, the investigation process for an accident involving trucks is more extensive than that of a car crash. Truckers require special commercial licenses which allow them to drive vehicles of a certain size weight on the majority of roads. In addition trucking companies and truckers are subject to numerous federal laws that must be followed. An experienced attorney will know how to conduct an investigation of this kind and gather all available evidence like the black box on the truck.
When you file 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 can be used to calculate total economic damages. These can comprise past, present and future expenses incurred due to the accident. For instance, you may seek compensation for medical expenses as well as lost wages, property damage, and more.
Remember that even a seemingly minor injury could cause long-term consequences. You should always consult an experienced doctor following any accident, regardless of whether you feel injured or not. If you are treated and diagnosed immediately you can avoid any future issues that could make it more difficult to claim compensation for your injuries resulting from an accident.