How to File a Truck Accident Claim
Truck accidents can be traumatic. They can result in serious injuries and make it difficult to continue working or pay your bills.
Victims are able to seek damages from the responsible party by filing an individual injury claim. However, the insurance company may refuse to negotiate an appropriate settlement. Your lawyer at Buckingham Barrera Vea can assist you decide whether or not to take legal action.
Identifying the At Fault Party
The nature of truck accidents is more complicated than normal vehicle crashes. In most cases, there are several parties responsible. You could get compensation from the truck driver or their employer and the company which loaded the vehicle, the manufacturer of truck or truck parts or even government agencies, based on the circumstances. It will take some time to determine the accountable parties, since they each have their own insurance policies.
If you are tempted to speak to the other party's insurance companies or claim examiners following your accident, it's a mistake. The lawyers representing the defendants are likely to use any information you provide out of context or distort and twist it in order to undermine your claim.
Instead, focus your energy on getting medical attention and documenting your injuries. In the early stages of the process it is essential to consult an experienced attorney for truck accidents who will handle all communication with the responsible parties.
In general, the driver of a truck is at fault for a crash when they exhibit negligent behavior behind the steering wheel. This includes reckless driving such as speeding, driving while under the influence of alcohol or drugs. They could also be accountable for an accident if truckers fail to adhere to trucking regulations, such as driving hours restrictions.
Respondeat superior may be able to hold the company that employs the truck driver accountable in the event that they hire an incompetent or negligent person. It's also possible that a trucking company is accountable for failing to properly supervise their drivers. The company that designed or sold the truck may also be responsible for the flaws in the truck.
The person who is in charge of relevant surveillance footage of the accident scene may also be held accountable. They could have footage that demonstrates the incident, such as skids outside of marked lanes or a damaged rail. They may have video footage that shows the details of the incident, such as the position of the truck at the time of the collision. Video evidence is hard to locate, since the parties who control it do not store it for a long time.
Getting Medical Attention
Even if all seems well however, it's crucial to speak with the doctor as soon you can following a truck crash. There are many people who suffer from whiplash symptoms for within a few days or weeks following an accident. It is possible to cause permanent injury if you don't take care of these signs and could limit your chances of obtaining compensation.
Seeking medical attention also ensures that your injuries are documented in your medical records. This will stop the trucking company, the trucker or any other at-fault party from claiming that your injuries were not directly related to the incident.
If you have medical insurance, make sure you provide the information to your insurance provider so that they can be able to bill the policy up front and then seek reimbursement later from the person at fault or settlement. If you do not have insurance, we often work with the medical professionals to delay the collection of bills or billing until after your claim has been resolved.
After you have received medical attention, we suggest keeping a journal or another simple record of your experience and the consequences your injuries have caused on your life. This will help you to identify injuries that result from accidents, such as medical expenses, lost income from missing work and other losses.
It is important to remember that although it is normal to feel upset or angry following a truck accident, shouting, screaming, or engaging in arguments could damage your case. The truck driver's insurance adjusters or the trucking company's insurance adjusters could attempt to contact you and ask for a written statement, however it is best to politely refuse these requests and refer to your attorney.
It is also essential to follow the doctor's directions regarding treatment and keep track of your follow-up appointments. This will allow you to recover quicker and will strengthen your claim for compensation. A jury is more likely to accept an offer of settlement if you have medical evidence that is strong.
Documenting Your Injuries
Unless your injuries prevent you from doing this, make sure to capture pictures of the scene of the accident from multiple angles, and of the damage to both vehicles. This will allow you to prove who was at fault as well as be useful for documenting your injuries visible. It is also helpful to write down everything you remember about the crash, even small details.
If medical assistance is available on the scene, ensure that you and any other passengers undergo a thorough exam. Even if boca raton truck wreck lawyer don't think you're hurt, a medical professional can identify injuries that won't be apparent until later and give evidence in your case.
Once you've been cleared at the hospital, be sure to request copies of your medical records. It is best to do this directly from the medical professional, instead of allowing an insurance provider to have access to your medical records. This will ensure your privacy and stop an insurance company from using your pre-existing condition against you in a claim dispute.
In addition to your medical documents, you should keep a journal of your injuries and symptoms. This will be helpful to you and your lawyer when it comes time for calculating your losses. Make sure you record every particular detail, like the throbbing headache, blurred vision, or a sharp pain in your leg. Keep a log of your symptoms. This will help support your claim for compensation, such as suffering and pain as well as loss of enjoyment.
If possible, speak to any witnesses who saw the accident. Request their names and contact details so that your lawyer can request a statement from them later on in the process. If you're not able to speak to them right away it's crucial to map out the area around you and look for witness statements later.
It is important to gather all other documents and records that are relevant to your truck accident case including police reports, estimates for vehicle repairs and pay stubs and medical records as well as an accident journal. These records will help prove your losses in a claim dispute with the insurance carrier. You may be required to subpoena the trucking firm for certain types of records, such as DOT records.
Contacting a Lawyer
Although many victims of truck accidents can settle their claims without needing to go to court, each case is unique. If you feel that an insurance company isn't being fair or their settlement offers are far lower than what you need to pay for the damages You may want to consider filing a lawsuit.
There are a variety of reasons why it is important to speak with a New York truck crash lawyer as soon after an accident as you can. It helps us build your case while evidence is still in its initial stages. The longer you put off contacting an attorney, the harder it will be to find important evidence, like witness statements. Witnesses' memories are likely to fade, and their statements will be deemed unreliable.
Additionally, the investigation process for truck accidents is more extensive than an automobile crash. Truckers must have special commercial licenses which allow them to drive vehicles of a certain size and weight along most roads. Trucking companies and truckers are additionally subject to a myriad of federal regulations that must be adhered to. A seasoned attorney will know how to deal with this type of investigation and gather all evidence available including the black box of the truck.
When you submit a claim for compensation, it's important to provide detailed documentation of your losses and the impact your injuries have had on 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 are directly caused by the crash. For instance, you can get compensation for medical expenses as well as lost income, property damage, and more.
It's also important to remember that even what seems like an injury that is minor could have long-term consequences. So, it's a good idea to get checked out by an expert doctor following any accident regardless of whether you are hurt or not. Getting diagnosed and treated immediately will also help to prevent any complications from arising in the near future that might make it harder to get compensation for your injuries from an accident.