How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries which can make it difficult to work or pay your bills.
Victims may seek damages from the party at fault by filing an individual injury claim. The insurance company might not be willing to negotiate a fair contract. Your attorney at Buckingham Barrera Vea can assist you decide if it is appropriate to take legal action.
Identifying the At Fault Party
In contrast to normal car crashes, truck accidents usually involve multiple at-fault parties. You could get compensation from the driver of the truck as well as their employer as well as the company which loaded the vehicle, the manufacturer of truck or truck parts or even government agencies, depending on the circumstances. It will require a lot of investigation to determine the accountable parties, since they all have their own insurance policies.
Although you might be enticed to talk to the insurance companies of the other party or claim examiners following an accident, this is not a good idea. The lawyers representing the defense of defendants will seek to use any information you provide out of context or to twist and distort it in order to weaken your claim.
You should instead focus your efforts on seeking medical treatment and recording your injuries. It is essential to get an experienced lawyer for truck accidents 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 engage in negligent conduct behind the wheel. This includes reckless driving, including speeding or driving under the effects of alcohol or drugs. They could also be held accountable for an accident if they don't adhere to the rules of trucking, such as restrictions on the hours of operation.
Respondeat superior could have the employer of the truck driver accountable for hiring a negligent or incompetent person. It is also possible that the trucking company is liable in the event that they fail to properly supervise their drivers. The company that developed or sold the truck may also be responsible for the flaws in the truck.
Additionally, any parties that control relevant surveillance footage which captured the accident scene may be held responsible. They may possess footage that documents the accident, such as skids on roads that aren't marked or a damaged rail. They may have video footage that illustrates the details of the accident, such as the position of the truck at the time of impact. However, the video evidence can be difficult to obtain since the parties in control of the evidence don't hold it for long.
Get Medical Attention
Even if everything seems fine it is important to see the doctor as soon you can following a accident. It is common for people to experience the symptoms from injuries such as whiplash within a few days, or weeks after an accident. If you ignore these symptoms and do not take action, you could end up causing permanent damage and could affect your chance of receiving compensation.
Seeking medical attention also ensures that your injuries are recorded in your medical records. This will prevent the trucking company, the trucker or any other at-fault party from claiming that your symptoms weren't caused by the accident.
If you have medical insurance, be sure to provide this information to your providers so that they can bill the policy upfront and then seek reimbursement later from the person at fault, or settlement. If you don't have insurance our law firm is able to collaborate with medical professionals to delay collection or billing until after the resolution of your claim.
Once you have received medical attention, we suggest keeping a diary or other simple records of your experiences and the impact your injuries had on your life. This will help you determine accident damages such as medical expenses, lost income due to missing work and other losses.
Remember that yelling or screaming or getting into a fight could hurt your case. The truck driver's or the trucking company's insurance adjusters will likely attempt to reach you and ask for a written statement, but it's best to respectfully decline these requests and refer to your attorney.
It is also essential to follow your doctor's recommendations for treatment and attend all of your follow up appointments. This will allow you to recover faster and increase your chances of obtaining reimbursement for the entire range of your injuries. A jury is more likely to accept an offer of settlement if you have strong medical evidence.
Documenting your injuries
Unless your injuries prohibit you from doing so, be sure you take photos of the accident scene from a variety of angles and also of the damage to both vehicles. This will prove who was at fault and can also be helpful for capturing your physical injuries. It can also be beneficial to note down all the details you remember about the accident even if they appear minor.
If medical attention is available at the site of the incident, be sure to get an extensive evaluation for yourself and any other passengers. Even if it's not clear that you're injured an expert medical professional could identify injuries that won't be apparent until later and be a source of evidence.
After you've been examined at the hospital, be sure to request copies of your medical records. This should be handled directly with the medical professional rather than giving your insurance company permission to access your medical records. This will keep your information private and prevent an insurance company from utilizing your pre-existing health conditions against you in a dispute.
In addition to your medical records, you should also keep a journal of your injuries and symptoms. This will help you and your lawyer when it comes to calculating your damages. Keep track of every detail, which could include an aching headache blurred vision, sharp pains in your leg. Keeping a journal of these symptoms may help to support your claims for pain and suffering, loss of enjoyment of life, and other compensation.
Talk to witnesses who were present at the time of the incident. Find their names and contact details to enable your attorney to request a statement from them later on in the process. If you cannot talk to them on the spot it is vital to look around the area around the place where the accident occurred and try to find witness statements later on.
longview truck accident attorney is crucial to gather all other documents and records that are relevant to your truck accident case for example, police reports, estimates of repairs to your vehicle as well as pay stubs medical records, as well as an accident journal. This information will help to prove your losses in a dispute with the insurance company that is the trucking company's carrier. You may have to ask the trucking firm for certain kinds of records, such as DOT records.
Contacting an Attorney
Although many victims of truck accidents can settle their claims without having to go to court, every claim is different. If you feel that an insurance company isn't being fair or the settlement offers they offer are less than you need to pay for the damages You may want to think about filing a lawsuit.
There are a number of reasons why it is important to contact a New York truck accident lawyer as soon as possible after the incident. This allows us to construct your case while the evidence is still in its initial stages. The longer you wait to contact an attorney, the harder it will be to retrieve important evidence, such as witness statements. The memories of witnesses will fade, and their statements will be questioned.
An investigation into a truck-related accident is also more thorough than an auto accident. Truckers must possess special commercial licenses that allow them to drive vehicles with a certain size and weight on most roads. Truckers and trucking firms are also subject to a number of federal regulations which must be followed. An experienced lawyer knows how to handle such an investigation and gather all the evidence that is available including the blackbox data of the truck.
If you seek compensation, it is important to document in detail your losses and the effect your injuries have affected your life. The information you provide will be used to calculate your total economic damages, which can be used to cover present, past and future expenses that are directly caused by the accident. For instance, you can claim compensation for medical expenses, lost wages, property damage, and more.
Be aware that even a minor injury could cause long-term consequences. You should always see a doctor following any accident, no matter whether you feel injured or not. If you are treated and diagnosed immediately to avoid any complications that may make it more difficult to get compensation from your accidents-related losses.