How to File a Truck Accident Claim
Truck accidents can be devastating. They can cause serious injuries and make it difficult for people to continue working and paying bills.
A personal injury claim can be brought by victims to recover damages from the party at fault. The insurance company might not be willing to negotiate a fair agreement. Your lawyer at Buckingham Barrera Vea can help you decide if it is appropriate to take legal action.
Identifying the At-Fault Party
Unlike standard vehicle crashes, truck accidents usually involve multiple at-fault parties. You could be able to recover compensation from the driver of the truck or their employer as well as the company which loaded the vehicle, the manufacturer of truck or truck parts or even government agencies, based on the circumstances. Identifying all the liable parties will require extensive investigation, since each has its own insurance policies and a variety of factors to consider.
Although you might be enticed to talk to the insurance companies of the other party or claim examiners following your accident, it's a mistake. The lawyers representing the defendants will be looking for anything you say that they could use out of context or alter and weaken your case.
Instead, you should focus your efforts on seeking medical attention and recording your injuries. It is crucial to have an experienced lawyer for truck accidents involved early in the process to ensure they are able to handle all communications with parties at fault.
In general, the truck driver is the one responsible for causing a collision when they engage in reckless behavior behind the steering wheel. This includes reckless driving, such as speeding or driving under the influence of alcohol or drugs. They could also be held accountable for an accident if they fail adhere to the rules of trucking, such as restrictions on hours of driving.
If the company that employs the truck driver is aware of hiring a negligent or incompetent driver, they could be held liable under a legal law known as respondeat superior. It's also possible that the trucking company is accountable for failing to properly supervise their employees. The company who designed or sold the truck may also be responsible for its flaws.
Additionally, any other parties who control the relevant surveillance footage that was captured at the accident scene may be liable. They could have footage that demonstrates the incident, such as skids in lanes that are not marked or damaged rails. albany truck wreck lawyer may also have video which can give details of the crash including the truck's location at the time of the accident. Video evidence isn't easy to obtain, as the parties that control it don't store it for long periods of time.
Getting Medical Attention
Even if everything appears to be in order, it's important to consult an expert as soon as you can following a crash. People often experience symptoms of whiplash days or weeks after an accident. You could end up causing permanent injury if you don't take care of these symptoms, and compromise the chance of getting compensation.
When you seek medical attention, you can ensure that your injuries are fully documented in your medical record. This will prevent the truck driver, trucking company or a third party at fault from later claiming that your injuries are not related to the accident.
If you have medical insurance, make sure to disclose the details to your insurers in order to bill the policy upfront and then seek reimbursement later from the at-fault person or settlement. If you don't have insurance, our law firm can often work with medical providers to delay collection or billing until after the claim is resolved.
After receiving medical attention, we recommend keeping a journal or another simple documentation of your experiences and the impact your injuries had on your life. This can help you to identify accident damages such as medical expenses, lost income due to missing work and other losses.
Remember that screaming, shouting or engaging in a heated argument can hurt your case. The truck driver's or the trucking company's insurance adjusters could try to reach you and ask for a written statement, however it is best to respectfully decline these requests and refer them to your attorney.
It is also essential to follow your doctor's recommendations regarding treatment and keep track of your follow-up appointments. This will allow you to recover faster and strengthen your claim for compensation. Evidence of a strong medical basis for your injuries will aid jurors to appreciate how serious and significant your losses are, and will increase the chances that you will be able get an equitable settlement from the trucking company or any other at-fault party.
Documenting your injuries
Take pictures of both vehicles and the scene of the accident from different angles. This will help you prove who was at fault, and will also document your injuries visible. It is also helpful to write down everything you remember about the accident, including small details.
If medical attention is available at the site of the incident, be sure to receive a thorough evaluation for yourself and the other passengers. Even if you do not think you're hurt, a medical professional can identify injuries that won't appear until later and provide evidence in your case.
After you have been examined at the hospital, be sure you request copies of your medical records. It is best to do this directly through the medical professional, instead of allowing an insurance company access to your medical records. This will safeguard your privacy, and also prevent an insurance company from using your condition against you in a claim dispute.
In addition to your medical records, it is also advisable to keep a log of the symptoms you experience due to your injury. This will be useful to you and your lawyer when it comes to making a calculation of your losses. Keep track of every detail, including a throbbing headache or blurred vision, or a sharp pain in your leg. Keep a log of these symptoms will help in proving your claims for pain and suffering as well as loss of enjoyment life, and other compensation.
If possible, talk to witnesses who witnessed the incident. Request their contact information and names so that your lawyer can request an account. If you aren't able to speak with them right away it's crucial to map out the surrounding area and search for witness statements later.
It is essential to collect any other records and documents that are relevant to your case of a truck accident like police reports, estimates for repairs to vehicles or pay stubs. Also medical records, as well as an accident journal. These documents will help prove your losses in a dispute with the insurance company that is the trucking company's carrier. You may also need to subpoena certain types of documents from the company that you are working with like DOT compliance records.
Contacting a Lawyer
Although many victims of truck accidents can settle their claims without needing to take their case to court, every case is unique. If you believe that an insurance company isn't being fair or their settlement offers are significantly lower than what you need to cover the losses, you may want to think about making a claim.
There are many reasons that it's important to contact an New York truck crash lawyer immediately following an accident as soon as is possible. One of the most important is that it lets us begin to build your case while evidence remains fresh. The longer you wait to contact an attorney, the harder it will be to get important evidence such as witness statements. Witnesses' memories will wane, and their statements will disappear from the record.
In addition the process of investigating an accident involving trucks is more extensive than an automobile crash. Truckers require special commercial licenses, which permit them to drive vehicles of a certain size and weight on the majority of roads. Trucking companies and truckers are also subject to a variety 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 black box information of the truck.
When you submit a claim for compensation, it's important to provide detailed documentation of your losses as well as the impact your injuries have affected your life. The information you provide will be used to calculate your economic damages, which will cover past, present and future expenses that are a direct result of the accident. You could, for instance claim compensation for medical costs as well as lost wages or property damage.
It is important to keep in mind that even an insignificant injury could result in long-term effects. Therefore, it is essential to have a check-up with an expert doctor following any accident regardless of whether you feel hurt or not. Getting diagnosed and treated immediately can also prevent any complications from developing in the future that might make it harder to recover compensation for your accident-related losses.