How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries and make it difficult for people to work and pay bills.
Victims may seek damages from the at-fault party by filing a personal injury claim. The insurance company may not be willing to negotiate a fair contract. Your lawyer at Buckingham Barrera Vea can help you determine whether or not to take legal action.
Identifying the At Fault Party
Truck accidents are more complex than normal vehicle crashes. There are often several parties responsible. Depending on the circumstances you may be able to obtain compensation from the owner of the truck and their employer, the company that loaded the truck the manufacturer of the truck or its parts, or even government agencies. Identifying all the liable parties will require extensive research, as each one has different insurance policies and many factors to consider.
Although you might be enticed to talk to the other party's insurance companies or claim examiners following an accident, it's an error. The defense lawyers of the defendants will be looking to take anything you say out of context or to twist and distort it in order to weaken your claim.
Instead, you should concentrate your efforts on obtaining medical treatment and documenting your injuries. At the beginning of the process, it is important to contact an experienced attorney for truck accidents who is able to manage all communication with the responsible parties.
In general, a truck driver is at fault for an accident when they are negligent behind the wheel. This includes reckless driving such as speeding, driving under the influence of alcohol or drugs. They could also be accountable for an accident if the truckers don't adhere to the rules of trucking, for example, the restrictions on driving hours.
If the employer of a truck driver chooses to hire a driver who is incompetent or negligent, they could be legally liable under a doctrine known as respondeat superior. It is also possible that the trucking company is liable if they don't properly supervise their employees. In addition, the company that engineered or sold the truck may be liable if it was flawed from the start.
The person who is in charge of relevant surveillance footage of the accident scene may also be held accountable. They could be able provide footage that demonstrates how your accident happened like skid marks in the middle of marked traffic lanes or a damaged guardrail. They might have video footage that demonstrates the details of the accident, such as the position of the truck at the time of impact. Video evidence is hard to locate, since the parties who control it do not 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. It is common for people to experience symptoms from injuries, such as whiplash, a few days or even weeks after an accident. It is possible to cause permanent damage if you do not take note of these signs and thereby limit your ability to get compensation.
Getting medical attention ensures that your injuries are fully recorded in your medical records. This will prevent the trucker, trucking company or other at-fault parties from claiming later that your injuries were not caused by the accident.
If you have health insurance, be certain to provide this information to your doctors so they can invoice your policy on a timely basis and request reimbursement from the at-fault party or out of any settlement later. If fontana truck accident attorney don't have insurance our law firm is able to work with medical providers to postpone billing or collections until after your claim resolves.
After receiving medical attention, we recommend keeping a log or other simple record of your experience and the impact your injuries had on your life. This can help you to identify damage from an accident, including medical costs, lost income from work interruptions, and other losses.
It is important to keep in mind that while it may be natural to feel upset or angry after a truck accident, yelling, screaming, or engaging in argument can damage your case. The trucking company's insurance adjusters will likely try to contact you and ask for a recorded declaration, but it's best to respectfully decline these requests and refer them to your attorney.
It is also important to keep all your appointments and follow-ups with your doctor. This will allow you to recover quicker and help strengthen your claim for compensation. A jury is more likely to accept the settlement offer if you have evidence of your medical condition.
Documenting your injuries
Unless your injuries prevent you from doing so, make sure you take photos of the scene from a variety of angles and also of the damage to both vehicles. This will help you prove who was at fault, and also record your injuries visible. In addition, it could be beneficial to record everything you remember about the accident, including minor details.
If medical assistance is available at the scene, ensure that you and any other passengers undergo a thorough exam. Even if you don't think you're hurt, a medical professional will find injuries that don't be apparent until later and prove your case.
Once you are checked out at the hospital, make sure to request copies of your medical records. This is best done directly with your medical professional rather than the insurance company being able to see 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.
In addition to your medical records, it is also advisable to keep a diary of the symptoms you experience due to your injury. This will aid you and your lawyer when calculating your damages. Record every detail, including an aching headache, blurred vision, or sharp pains in your leg. Keep a log of these symptoms may help to support your claims for pain and suffering as well as loss of enjoyment life, and other damages.
If possible, speak to witnesses who witnessed the accident. Ask for their contact information and names so that your lawyer can request a statement. If you can't speak to them right away, it's important to scope out the surrounding area and look for witnesses' statements later.
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. These records can be used to prove your losses if you are in dispute with the insurance company of the trucking company. You may also be required to request certain types of documents from the company that you are working with like the DOT compliance records.
Contacting a Lawyer
Although many victims of truck accidents can settle their claims without having to go to court, each claim is unique. If you believe that the insurance company isn't being fair or the settlement offers they offer are less than you need to cover the damage, you may want to consider making a claim.
There are a variety of reasons why it's important to contact a New York truck crash lawyer as soon after an accident as soon as you can. One of the most important is that it allows us to begin building your case while evidence remains fresh. The longer you wait to speak with an attorney, the more difficult it will be to find crucial evidence, such as witness statements. The memories of witnesses will fade, and their statements are no longer reliable.
A truck accident investigation is also much more thorough than an auto accident. This is because truckers must possess special commercial driver's licenses that allow them to operate vehicles of a specific weight and size on a majority of roadways. Truckers and trucking firms are also subject to a number of federal regulations which must be followed. An experienced attorney is able to handle this type of investigation and gather all available evidence like the black box on the truck.
When you file a claim for compensation, it is important to include detailed documentation of your losses and the effect your injuries have affected your life. This information is used to calculate the total economic damages. These could include current, past and future expenses that are incurred as a result of the accident. For instance, you can seek compensation for medical costs, lost wages, or property damage.
It's also important to remember that even an injury of a minor nature could have long-term consequences. You should always see an expert doctor after any accident, regardless of whether you feel injured or not. A quick diagnosis and treatment can prevent problems from arising in the future which could make it more difficult to get compensation for your accident-related losses.