How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries and make it difficult for you to work or pay your bills.
A personal injury claim can be filed by victims to recover damages from the party at blame. The insurance company might not be willing to negotiate a fair agreement. Your attorney at Buckingham Barrera Vea can assist you decide if it is appropriate to pursue litigation.
Identifying the At-Fault Party
Unlike standard vehicle crashes, truck accidents usually involve multiple at-fault parties. Depending on the circumstances you could be able to receive compensation from the driver of the truck, their employer, a company that loaded the truck, the company that made the truck or its parts, and even government agencies. It will require an extensive investigation to identify all accountable parties, since they all have their own insurance policies.
While you may be tempted to speak to the insurance companies of the other party or claim examiners following your accident, this is an error. The lawyers representing the defendants are likely to take what you say out of context or distort and twist it in order to undermine your claim.
Instead, you should focus your efforts on getting medical care and recording your injuries. At the beginning of the process, it is crucial to engage an experienced attorney for truck accidents who will handle all communication with responsible parties.
In general the case, truck drivers are at fault for an accident when they are negligent behind the steering wheel. This includes reckless driving, including speeding or driving under the influence of drugs or alcohol. They may also be held accountable for an accident if truckers don't adhere to the rules of trucking, for example, limitations on hours of driving.
If the company that employs the truck driver is aware of hiring a negligent or incompetent driver it could be found to be liable under the legal doctrine known as respondeat superior. It's also possible that the trucking company is liable in the event that they fail to properly supervise their drivers. The company who designed or sold the truck could also be liable for its shortcomings.
The person who is in charge of relevant surveillance footage of the scene of the accident could also be held liable. They may have footage that demonstrates the incident, such as skids that occur outside of marked lanes or a damaged rail. They might also have video that provides details about the accident and the location of the truck at the time of the crash. Video evidence isn't easy to find, as the parties who control it do not store it for long.
Receiving Medical Attention
Even if you appear fine after a collision with an automobile, it's important to consult an expert in medical care as soon as you can. It is normal for people to experience symptoms of whiplash or other injuries in a few days or weeks after an accident. If you fail to recognize these signs you could cause permanent injury and may even affect your chances of receiving compensation.
Getting medical attention ensures that your injuries are fully recorded in your medical records. This will stop the trucking company, the driver or other parties at fault from claiming that your injuries were not caused by the accident.
If you have medical insurance, make sure to provide this information to your providers in order to 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 can often work with the medical professionals to defer billing or collection until after your claim is completed.
Once you have received medical attention, we suggest keeping a journal or another simple documentation of your experiences and the impact your injuries had on your life. This can help you identify damage from an accident, including medical costs, lost income from work interruptions, and other losses.
It is crucial to remember that, while it's normal to feel upset or angry after a truck accident, yelling or screaming, or engaging in argument can make your case more difficult. The truck driver's insurance adjusters or the trucking company's insurance adjusters could try to contact you and ask for a recorded declaration, but it's recommended to decline these requests and refer to your attorney.
You should also keep all appointments and follow-ups with your doctor. This will help you recover quicker and help strengthen your claim for compensation. A jury will be more likely to accept any settlement offer if have strong medical evidence.
Documenting your injuries
Unless your injuries prevent you from doing this, make sure to capture pictures of the scene of the accident from various angles and of the damage caused to both vehicles. This will help prove who was at fault and will be helpful in documenting the visible injuries. In addition, it could be useful to note everything you remember about the crash, even minor 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 there is no reason to believe you're injured, a doctor may detect injuries that do not be noticed until later and provide evidence of these invisible or delayed symptoms throughout your case.
After you have been discharged at the hospital, make sure to request copies of your medical records. It is recommended to request this directly through the medical professional, instead of giving an insurance company permission access to your medical records. This will protect your privacy and prevent an insurance company from using your pre-existing health condition against you in a claim dispute.
You should also keep a diary of your symptoms. This will assist you and your lawyer when it comes to the calculation of your damages. Keep track of every single detail, such as a throbbing headache, blurry vision, or sharp pain in your leg. Keep a log of these symptoms can aid in supporting your claims for pain and suffering, loss of enjoyment of life, and other damages.
If possible, speak with witnesses who witnessed the accident. Ask for their names and contact information so that your attorney can request a statement from them later on in the process. If you are unable to speak to them on the spot it is crucial to scope out the area around the place where the accident took place. You can also try to obtain witness statements later on.
Gather any other documents or records that may be relevant to your claim for a truck accident, such as police reports and estimates for repairs to your vehicle as well as pay stubs, medical records, along with an accident journal. These records can be used to prove your losses if you are in dispute with the insurance firm of the trucking company. It is also possible to request certain types of records from the trucking firm, such as DOT compliance records.
Contacting an attorney
Although many victims of truck accidents are able to settle their claims without having to go to court, each case is different. If you believe that an insurance company is not being fair or their settlement offers are significantly smaller than what you will need to cover the damage, you may want to think about making a claim.
There are many reasons why it is important to contact an New York truck accident lawyer as soon as you can after a crash. This allows us to construct your case while evidence is still in its initial stages. The longer you delay to speak with an attorney, the more difficult it will be to find important evidence, including witness statements. The memories of witnesses will fade and their statements will become suspect.
An investigation into a truck-related accident is also much more thorough than an auto accident. This is because truckers must possess special commercial driver's licenses which allow them to operate vehicles of a specific weight and size on the majority of roadways. Additionally, truckers and trucking companies are subject to numerous federal laws that must be followed. An experienced attorney can handle this type of investigation and gather all available evidence including the truck's black box data.
It is important that you provide documentation of your losses and the impact of your injuries on your life when you file an insurance claim. seattle truck accident lawyer will be used to calculate the total economic damages. These could include past, current and future expenses that are incurred as a result of the accident. For instance, you may get compensation for medical expenses, lost wages, property damage and more.
Remember that even a seemingly minor injury may have long-term consequences. Therefore, it's important to get checked out by a medical professional following any crash, whether you feel hurt or not. Getting diagnosed and treated immediately can prevent problems from arising later on which can make it difficult to recover compensation for your accident-related losses.