How to File a Truck Accident Claim
Truck accidents can be devastating. They can cause serious injury which can make it difficult to continue working or pay your bills.
Victims are able to seek damages from the responsible party by filing a personal injury claim. The insurance company may not be willing to negotiate a fair agreement. Your attorney at Buckingham Barrera Vega can help you decide if you should pursue litigation.
Identifying the At Fault Party
Truck accidents are more complicated than standard vehicle crashes. There are often multiple parties to blame. It is possible to seek compensation from the driver of the truck or their employer or the company who loaded the vehicle, the manufacturer of truck or truck components, or even government agencies, based on the circumstances. It will require a lot of investigation to identify all accountable parties, since they all have different insurance policies.
It is a blunder to contact the insurance companies or claim examiners of the other party following an accident. Defense lawyers for the defendants will be seeking out any statement you make that they can use out of context or twist and distort to weaken your case.
Instead, you should focus your efforts on seeking medical attention and documenting your injuries. In the early stages of the process it is important to contact an experienced truck accident attorney who is able to handle all communication with the responsible parties.
In general, the truck driver is responsible for a collision when they exhibit negligent behavior behind the steering wheel. This includes reckless driving, such as speeding and driving under the influence of drugs or alcohol. They may also be responsible for an accident if they fail comply with trucking regulations, for example, limitations on hours of driving.
If the company that employs the truck driver chooses to hire a driver who is incompetent or negligent the company could be found to be liable under the legal law called respondeat superior. It's also possible that a trucking company could be held accountable for failing to properly supervise their drivers. The company that designed or sold the truck could also be responsible for the flaws in the truck.
Furthermore, any person in control of relevant surveillance footage that filmed the scene of the accident could be liable. They may be able to provide footage that demonstrates what caused your accident in the form of skid marks that are outside designated traffic lanes or a damaged guardrail. They might also have video that will provide information about the crash including the position of the truck at the time of the crash. Video evidence is difficult to obtain because the parties who own the evidence do not keep it for long.
Get Medical Attention
Even if you seem to be fine after a crash with trucks, it is important to consult an experienced medical professional as quickly as you can. It is common for people to experience the symptoms from injuries such as whiplash a few days or even weeks after an accident. You could cause permanent injury if you don't take care of these symptoms, and compromise your chances of obtaining compensation.
When you seek medical attention, you can be sure that your injuries will be fully documented in your medical record. This will prevent the truck driver, trucking company or another at-fault party from later claiming your symptoms are unrelated to the crash.
If you have medical insurance, make sure to disclose this information to your providers to allow them to be able to bill the policy up front and then seek reimbursement later from the person at fault, or settlement. If oklahoma city truck accident law firm do not have insurance, we often collaborate with medical providers to delay billing or collection until after the claim has been completed.
Once you have sought medical attention, it's important to keep a journal of your experiences. This will allow you to keep track of your injuries as well as their impact on your life. This can help you recognize accident-related damages such as medical expenses, loss of income from working absences and other losses.
Be aware that shouting or screaming or getting into a fight could hurt your case. The truck driver's insurance adjusters or the trucking company's insurance adjusters could attempt to reach you and ask for a recorded statement, but it's best to respectfully decline these requests and forward them to your attorney.
It is also important to keep all appointments and follow-ups to your doctor. This will help you recover more quickly and can help you to prove your claim for compensation for the full range of your injuries. A strong medical proof of your injuries will aid jurors to see the severity and significance of your losses are. It also will increase the odds that you'll be able to obtain an equitable settlement from the trucking company or another at-fault party.
Documenting your injuries
If your injuries do not prevent you from doing so, make sure you take photos of the scene from various angles and of the damage to both vehicles. This will help you prove who was at fault, and also record your injuries visible. It can also be beneficial to write down all the details you remember about the incident even if they appear minor.
If medical assistance is available at the site of the accident, make sure to receive an accurate assessment for you and any other passengers. Even if you do not think you're injured, a medical professional can detect injuries which will not be evident until later, and be a source of evidence.
When you've been checked out at the hospital, make sure to request copies of your medical records. It is recommended to request this directly through your medical professional, not permitting an insurance company to have access to your medical records. This will help to protect your privacy and prevent an insurance company from utilizing your pre-existing health conditions against you during a claim dispute.
In addition to your medical records, you should also keep a record of your injuries symptoms. This will help you and your attorney when it comes to calculating your damages. Keep track of every particular detail, like a throbbing headache or blurred vision, or sharp pain in your leg. Keep a log of these symptoms can aid in supporting your claims for pain and suffering as well as loss of enjoyment life, and other compensation.
If possible, talk to witnesses who witnessed the accident. Find their names and contact details to enable your attorney to get them to give a statement later on in the process. If you aren't able to speak with them directly it's crucial to map out the surrounding area and look for witness statements later.
It is important to gather any other documents or records that are relevant to your case of a truck accident for example, police reports, estimates for repairs to vehicles and pay stubs and 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 also need to request certain types of documents from the company that you are working with such as documents that are DOT compliant.
Contacting a Lawyer
Many truck accident victims can settle their claims without having to take their case to court, every case is unique. If an insurance company refuses to offer you an adequate settlement or if their offers are far less than what you need to cover your damages then it could be time to consider a lawsuit.
There are a myriad of reasons why it's essential to contact a New York truck crash lawyer as soon after an accident as soon as is possible. It allows us to build your case while evidence is still in its initial stages. The longer you wait to contact an attorney, the more difficult it will be to find important pieces of evidence such as witness statements. Witnesses' memories will fade, and their statements will disappear from the record.
Additionally the process of investigating truck accidents is more extensive than for an automobile crash. This is because truckers are required to have special commercial driver's licenses, which permit them to drive vehicles of a particular weight and size on a majority of roads. Additionally, truckers and trucking companies are subject to a variety of federal laws that must be followed. A seasoned attorney will be able to conduct an investigation of this kind and gather all evidence like the black box on the truck.
If you file a claim for compensation, it's important to document in detail your losses and the impact your injuries have had on your life. This information can be used to calculate total economic damages. These could comprise past, present and future expenses incurred in the aftermath of the accident. For instance, you could claim compensation for medical expenses and lost income, property damage, and many more.
Be aware that even a minor injury can have long-term consequences. Therefore, it is essential to be examined by a doctor following any accident regardless of whether you feel injured or not. If you are treated and diagnosed immediately you can avoid any complications that may make it more difficult to recover compensation from your accidents-related losses.