How to File a Truck Accident Claim
Truck accidents can be traumatic. They can result in serious injuries, making it difficult to work as well as pay bills.
A personal injury lawsuit can be brought by victims to recover damages from the party who was at responsible. The insurance company might not be willing to negotiate a fair contract. Your attorney at Buckingham Barrera Vea can help you decide whether to pursue litigation.
Identifying the At-Fault Party
Truck accidents are more complex than typical vehicle crashes. Often, there are several parties responsible. Depending on the circumstances, you may be able get compensation from the driver of the truck as well as their employer, a company that loaded the truck, the company that manufactured the truck or the truck's parts, or even government agencies. It will take some time to identify all responsible parties, as they each have their own insurance policies.
It is a mistake to call the insurance companies or claim examiners for the other party following an accident. The defense lawyers of the defendants will seek to take anything you say out of context or to twist and distort it to undermine your claim.
Instead, you should put your efforts on obtaining medical treatment and documenting your injuries. It's important to get an experienced truck accident lawyer involved in the early stages of the process to ensure they are able to handle all communication with the liable parties.
In general, the driver of a truck is the one responsible for causing a collision when they are guilty of negligent conduct behind the steering wheel. This includes reckless driving such as speeding or driving under the influence of drugs or alcohol. They may also be held accountable for an accident if truckers do not abide by trucking regulations, such as limits on hours of operation.
Respondeat superior could make the company that employs a truck driver liable if they hire a negligent or incompetent person. It is also possible that the trucking company is accountable if they don't properly supervise their drivers. The company who designed or sold the truck could also be accountable for the flaws in the truck.
Additionally, any other parties in control of relevant surveillance footage which captured the scene of the accident could be liable. They may have footage that illustrates the accident, like skids in lanes that are not marked or damaged rails. They may also have videos that will provide information about the crash, including the truck's position at the time of the crash. tempe truck accident attorney is difficult to obtain because the parties who control it don't keep it for long.
Get Medical Attention
Even if it appears that you are in good shape after a collision with the truck, it's vital to consult a medical professional as soon as possible. It is normal for people to experience the symptoms from injuries, such as whiplash, just a few days or weeks after an accident. You could cause permanent damage if ignore these symptoms, and compromise the chance of getting compensation.
If you seek medical attention, you can ensure that your injuries are completely documented in your medical record. This will stop the trucking company, the trucker, or other at-fault parties from claiming later that your ailments were not directly related to the incident.
If you are covered by health insurance, make sure to provide this information to your doctors to allow them to 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 resolves.
After receiving medical attention, we recommend keeping a journal or other basic records of your experiences and the consequences your injuries have caused on your life. This can help you recognize accident-related damages such as medical expenses, loss of income due to absence from work, and other losses.
Be aware that shouting or screaming or getting into an argument can hurt your case. Insurance adjusters from the truck driver's or trucking company may attempt to contact you and take a note of your statements. It is recommended to respectfully decline and refer your attorney.
It is also crucial to follow the doctor's directions for treatment and keep all of your follow-up appointments. This can help you recover more quickly and can make it easier to claim compensation for all of your injuries. A jury will be more likely to accept the settlement offer if you have evidence of your medical condition.
Documenting your injuries
If your injuries do not prevent you from doing so, make sure to capture pictures of the accident scene from various angles and of the damages caused to both vehicles. This will prove who was at fault and will help you document your visible injuries. Additionally, it can be beneficial to record everything you remember about the crash, even minor details.
If medical assistance is available at the time of the incident, be sure to receive an extensive evaluation for yourself and the other passengers. Even if you do not think you're injured, a medical professional will detect injuries which will not appear until later and be a source of evidence.
After you have been examined in the hospital, be sure to request copies your medical records. It is best to do this directly through your medical provider, rather than permitting an insurance company access to your medical records. This will protect your privacy and stop an insurance company from using your pre-existing health condition against you in a dispute over a claim.
You should also keep an account of your symptoms. This will aid you and your attorney in the calculation of your damages. Be sure to document every single detail, such as a throbbing headache, blurry vision, or sharp pain in your leg. Keep a journal to document your symptoms. This can help to prove your claim for compensation, which includes pain and suffering and loss of enjoyment.
If possible, speak with any witnesses who saw the incident. Request their names and contact details so that your lawyer can request a statement from them later on in the case. If you can't speak to them at the scene it is crucial to scope out the area where the accident took place and try to obtain witness statements later on.
It is crucial to gather any other records and documents that are relevant to your case of a truck accident, such as police reports, estimates for vehicle repairs and pay stubs, medical records, and an accident journal. This will help prove your losses in a dispute with the trucking company's insurance carrier. You may have to ask the trucking company for specific types of records, like DOT records.
Contacting an Attorney
Each claim is unique. While many truck accident victims are able to settle their claims without going to court, each claim is unique. If you feel that an insurance company isn't being fair or their settlement offers are less than what you require to cover the losses and you are not satisfied, you might consider making a claim.
There are a variety of reasons to get in touch with a New York truck accident lawyer as soon as possible after an accident. It allows us to develop your case while the evidence is still in its initial stages. The longer you are waiting to get in touch with an attorney the more difficult it will be to retrieve important evidence, such as witness statements. The memories of witnesses will fade and their statements become unreliable.
A truck accident investigation is also much more thorough than a car accident. This is due to the fact that truckers must possess special commercial driver's licenses, which permit them to drive vehicles of a particular size and weight on most roads. Trucking companies and truckers are additionally subject to a myriad of federal regulations which must be followed. A skilled attorney knows how to handle an investigation and will collect all evidence that is available including the blackbox data of the truck.
It is vital to include a written record of your losses and the impact of your injuries on your life when filing an insurance claim. This information will be used to calculate your total economic damages, which could be used to cover present, past and future expenses that are a direct result of the accident. For instance, you may claim compensation for medical costs as well as lost income, property damage, and many more.
Be aware that even a minor injury could have long-term consequences. You should always see a doctor after any accident, no matter whether you feel injured or not. If you are treated and diagnosed immediately it will also help prevent any future issues that could make it harder to collect compensation from accidents-related losses.