How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can result in serious injuries, making it difficult to continue working and pay bills.
Victims can seek compensation from the at-fault party by filing an injury claim. However, the insurance company may not agree to an equitable settlement. Your lawyer at Buckingham Barrera Vea can assist you decide whether to pursue litigation.
Identifying the party at fault
As opposed to car crashes, truck accidents typically involve multiple at-fault parties. It is possible to seek compensation from the truck driver as well as their employer and the company which loaded the vehicle, the manufacturer of truck parts or truck trucks or even government agencies, based on the circumstances. Identifying all parties liable requires a lot of investigation because each of them has their own insurance policies and numerous factors to consider.
It is a mistake to contact the insurance companies or claim examiners from the other party following an accident. The lawyers representing the defendants will be looking to take anything you say out of context or twist and distort it to undermine your claim.
Instead, you should focus your efforts on obtaining medical care and documenting your injuries. It is important to have an experienced lawyer for truck accidents involved in the early stages of the process to be able to handle all communication with liable parties.
In general, the truck driver is accountable for a collision when they engage in negligent conduct behind the wheel. This includes reckless driving such as speeding, driving under the influence of alcohol or drugs. They can also be held accountable for an accident when truckers fail to adhere to trucking regulations, such as limitations on hours of driving.
Respondeat superior could make the employer of truck drivers accountable in the event that they hire an incompetent or negligent person. The trucking company may also be held liable if the company fails to properly supervise its drivers. The company that created or sold the truck could also be liable for its flaws.
Additionally, any parties that control relevant surveillance footage that was captured at the scene of the accident could be held responsible. They may possess footage that documents the accident, for example, skids on roads that aren't marked or damaged rails. They may have video footage that illustrates the details of the incident, such as the position of the truck at the time of the collision. However, the video evidence can be difficult to access because the parties in control of the footage don't keep it long.
In need of medical attention
Even if all seems well however, it's crucial to speak with an expert as soon as you can after a truck accident. There are many people who experience symptoms of whiplash within a few days or weeks following an accident. You may cause permanent damage if you do not take note of these signs and thereby limit your chances of obtaining compensation.
By seeking medical attention, you can be sure that your injuries are completely documented in your medical record. This could prevent the truck driver, the trucking company or another at-fault person from later claiming that your symptoms are not related to the accident.
If you have medical insurance, make sure you provide the details to your insurers in order to invoice the policy in advance and later seek reimbursement from the person at fault, or settlement. If you do not have insurance, we will often work with the medical professionals to delay billing or collection until after the claim has been settled.
After you have received medical attention, we recommend keeping a journal or another simple records of your experiences and the effects your injuries have had on your life. This can help you identify injuries that result from accidents, such as medical expenses, income loss because of work absences and other losses.
Remember that screaming, shouting or engaging in an argument can damage your case. The truck driver's or trucking company's insurance adjusters could attempt to contact you and ask for a recorded declaration, but it's best to politely refuse these requests and forward them to your attorney.
It is also essential to follow your doctor's recommendations regarding treatment and keep track of your follow up appointments. This will help you recover faster and strengthen your claim for compensation. A jury will be more likely to accept the settlement offer if you have medical evidence that is strong.
Documenting Your Injury
Unless your injuries prohibit you from doing so, be sure to capture pictures of the scene of the accident from multiple angles and of the damage that was caused to both vehicles. This will allow you to prove who was at fault, and it will also be helpful in documenting the visible injuries. Additionally, it may be useful to write down everything you remember about the accident, including the smallest details.
If medical attention is available at the scene of the incident, be sure to receive an extensive evaluation for yourself and any other passengers. Even if it's not clear that you're injured, a medical professional will find injuries that don't manifest until later and can give evidence in your case.
After you've been examined at the hospital, be sure that you request copies of your medical records. This should be done directly with your medical provider, not giving your insurance company permission to access your medical records. This will safeguard your privacy, and prevent an insurance company from using your pre-existing medical condition against you in a claim dispute.
You should also keep the journal of your experiences. This will be useful to you and your lawyer when it comes time to making calculations of your losses. Make sure you record every detail, including a throbbing headache, blurry vision, or sharp pain in your leg. Keep sunnyvale truck accident law firm of your symptoms. This can help you support your claim for compensation, including pain and suffering and loss of enjoyment.
If possible, speak to any witnesses who saw the incident. Contact them with their contact details and names so that your lawyer can later request an account. If you are not able to talk to them on the spot it is vital to scope out areas around where the accident occurred and try to find 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 vehicle repairs or repairs, pay stubs for payments and medical records, and an accident journal. These records can be used to prove your losses in the event that you have a dispute with the insurance firm of the trucking business. It is also possible to obtain certain kinds of documents from the trucking company such as the DOT compliance records.
Contacting a Lawyer
Every claim is unique. While many victims of truck accidents can settle their claims without having to go to court, each claim is unique. If an insurance company refuses to offer you an acceptable settlement, or if their offers are far lower than what you'll need to cover your losses then it could be the right time to think about filing a lawsuit.
There are a variety of reasons to contact a New York truck accident lawyer immediately following the incident. One of the most important is that it lets us begin to build your case while evidence is fresh. The longer you delay to speak with an attorney, the more difficult it will be to retrieve important evidence, like witness statements. Witnesses' memories will fade and their statements will become unreliable.
In addition the investigation process for truck accidents is longer than a car crash. Truckers need special commercial licenses, which permit them to drive vehicles that are a specific size and weight on most roads. Truckers and trucking firms are also subject to a range of federal regulations that must be adhered to. An experienced lawyer knows how to conduct an investigation. They will collect all the evidence that is available including the blackbox data of the truck.
It is crucial to document your loss and the impact of your injuries on your life when you file a claim for compensation. This information can be used to calculate total economic damages. These can include current, past and future expenses incurred in the aftermath of the accident. For instance, you can seek compensation for medical costs loss of wages, medical expenses, or property damage.
Remember that even a minor injury could cause long-term effects. You should always see a doctor following any incident, regardless of whether you feel injured or not. If you are treated and diagnosed immediately it will also help prevent future complications that could make it harder to recover compensation from your accident-related losses.