How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can result in serious injuries and make it difficult for you to work or pay your bills.
Victims are able to seek damages from the at-fault party by filing an injury claim. The insurance company may not be willing to negotiate a fair contract. Your lawyer at Buckingham Barrera Vega can help you decide whether or not to pursue litigation.
Identifying the party at fault
In contrast to normal car crashes, truck accidents usually involve multiple at-fault parties. You may be able recover compensation from the truck driver, their employer and the company that loaded the vehicle the manufacturer of truck parts or truck trucks, or even government agencies, depending on the circumstances. It will take an extensive investigation to find all the responsible parties, as they all have different insurance policies.
It is a mistake to reach out to the insurance companies or claim examiners from the other party following an accident. The defense lawyers of the defendants will be looking for anything you say that they can use in a different context or make up to weaken your case.
Instead, you should focus your efforts on obtaining medical care and recording your injuries. It is important to have an experienced lawyer for truck accidents involved in the early stages of the process to ensure they are able to handle all communications with responsible parties.
In general, the driver of a truck is responsible for a collision when they engage in negligent conduct behind the steering wheel. This includes reckless driving such as speeding, driving under the influence of drugs or alcohol. They can also be held accountable for an accident when truckers do not abide by trucking regulations, such as limits on hours of operation.
bloomington truck accident law firm could have the employer of truck driver accountable for hiring an incompetent or negligent person. It's also possible that a trucking company is responsible if they don't properly supervise their drivers. In addition, the company that developed or sold the truck could be held accountable if it was faulty from the beginning.
A party who controls relevant surveillance footage of the scene of the accident could also be held responsible. They might be able provide footage that illustrates how the accident occurred including skid marks in the middle of clearly marked traffic lanes or damaged guardrail. They may have video footage that demonstrates the details of the accident, such as the position of the truck at the time of the collision. Video evidence is hard to find, as the parties who own it do not store it for long.
Seek medical attention
Even if you appear fine after a collision with an automobile, it's important to consult a medical professional as soon as possible. It is common for people to experience symptoms from injuries such as whiplash in a few days or weeks after an accident. You could cause permanent injury if you don't take care of these signs and could limit your ability to get compensation.
In addition, seeking medical attention ensures that your injuries are recorded in your medical records. This could prevent the truck driver, the trucking company or a third party at fault from later claiming your symptoms are not related to the crash.
If you have medical insurance, be sure you provide the information to your insurance provider in order to charge the policy in advance and then seek reimbursement later from the at-fault person or settlement. If you do not have insurance, we will often work with the medical providers to defer billing or collection until after your claim has been resolved.
After receiving medical attention, we suggest keeping a journal or other simple records of your experiences and the impact your injuries have had on your life. This can help you to identify accident damages such as medical expenses, lost income from work interruptions, and other losses.
Be aware that shouting or screaming or engaging in a heated argument can damage your case. The truck driver's insurance adjusters or the trucking company's insurance adjusters will likely attempt to contact you and request for a written statement, however it is best to politely refuse these requests and forward to your attorney.
It is also important to keep all appointments and follow-ups with your doctor. This will allow you to recover more quickly and can make it easier to claim reimbursement for the entire range of your injuries. A jury is more likely to accept a settlement offer if you have medical evidence that is strong.
Documenting Your Injuries
Photograph both your vehicle as well as the scene of the accident from different angles. This will help prove who was at fault, and it will also help you document the visible injuries. Additionally, it may be useful to note everything you remember about the crash, even the smallest details.
If medical assistance is available on the scene, ensure that you and your fellow passengers receive a thorough examination. Even if you don't believe you're injured, a medical professional can detect injuries that may not appear until later and prove your case.
After you've been checked out in the hospital, be sure that you request copies of your medical records. It is recommended to request this directly from the medical professional, not allowing an insurance company to have access to your medical records. This will help to protect your privacy and prevent an insurer from using your pre-existing health conditions against you in a claim dispute.
In addition to your medical documents, you should keep a journal of the symptoms you experience due to your injury. This will be helpful to you and your lawyer when it comes time for making a calculation of your losses. Keep track of every detail, which could include an aching headache, blurred vision, or sharp pains in your leg. Keep a journal to record your symptoms. This can help in proving your claim for compensation, including pain and suffering and loss of enjoyment of life.
Talk to witnesses who were present at the scene of the accident. Get their names and contact details to enable your attorney to get them to give a statement later on in the case. If you aren't able to speak with them on the spot it's crucial to map out the area around you and look for witnesses' statements later.
It is essential to collect any other records and documents that are relevant to your truck accident case including police reports, estimates for vehicle repairs or pay stubs. Also and medical records as well as an accident journal. These records can be used to prove your losses in the event that you are in dispute with the insurance company of the trucking firm. You may be required to subpoena the trucking company to produce certain types of records, such as DOT records.
Contacting a Lawyer
Every claim is different. While many victims of truck accidents can settle their claims without going to court, each case is different. If an insurance provider refuses to give you an acceptable settlement, or if their offers are substantially lower than what you require to cover your damages and losses, it might be time to think about bringing a lawsuit.
There are many reasons why it's important to contact an New York truck crash lawyer as soon after an accident as you can. It allows us to build your case while evidence is still in its initial stages. If you don't contact an attorney, the harder it will be to retrieve crucial evidence such as witness statements. The memories of witnesses will fade, and their statements become unreliable.
A truck accident investigation is also more thorough than an auto accident. This is due to the fact that truckers must possess special commercial driver's licences that permit them to operate vehicles of a specific weight and size on the majority of roadways. Additionally trucking companies and truckers are subject to numerous federal regulations that must be adhered to. A seasoned attorney is able to handle this type of investigation and gather all available evidence, such as the black box on the truck.
If you file a claim for compensation, it's important to provide detailed documentation of your losses and the effect your injuries have had on your life. This information will be used to calculate the total economic damages. This can include both current and past future expenses that are incurred as a result of the accident. You can, for example seek compensation for medical costs as well as lost wages or property damage.
Keep in mind that even a minor injury can have long-term effects. You should always consult an experienced doctor following any incident, regardless of whether you feel injured or not. If you're treated immediately and diagnosed you can avoid future complications that could make it more difficult to claim compensation for your accident-related losses.