How to File a Truck Accident Claim
Truck accidents can be devastating. They can result in serious injuries, making it difficult to continue working or pay bills.
Victims can seek compensation from the party at fault by filing an individual injury claim. However the insurance company could not agree to a fair settlement. Your attorney at Buckingham Barrera Vea can help you decide whether or not to pursue litigation.
Identifying the At Fault Party
The nature of truck accidents is more complicated than typical vehicle crashes. Often, there are several parties responsible. You could get compensation from the driver of the truck as well as their employer and the company who loaded the vehicle, the manufacturer of truck or truck components or even government agencies, depending on the circumstances. Identifying all the liable parties will require a thorough investigation as each one has different insurance policies and many factors to take into consideration.
It is a mistake to call the insurance companies or claim examiners of the opposing party after an accident. The lawyers representing the defense of defendants will be looking to take what you say in a different context, or twist and distort it to undermine your claim.
Instead, focus your efforts on obtaining medical treatment and logging your injuries. At the beginning of the process, it's important to involve an experienced truck accident attorney who will manage all communication with the responsible parties.
In general the case, truck drivers are at the fault in an accident when they are negligent behind the wheel. This includes reckless driving such as speeding, driving under the influence of drugs or alcohol. They could also be held accountable for an accident if they fail to follow trucking regulations such as restrictions on driving hours.
If the company that employs the truck driver chooses to hire an incompetent or negligent driver the company could be held liable under a legal doctrine known as respondeat superior. It's also possible that the trucking company is liable if they don't properly supervise their drivers. The company that created or sold the truck may also be liable for the flaws in the truck.
The person who is in charge of relevant surveillance footage of the accident scene could also be held responsible. They could be able show footage of how your accident happened in the form of skid marks that are outside marked traffic lanes or a damaged guardrail. They may also have videos that provides details about the accident and the location of the truck at the time of the crash. Video evidence isn't easy to locate, since the parties that control it don't keep it for long periods of time.
Seeking Medical Attention
Even if everything seems fine it is important to see your doctor as soon as you can following a truck crash. There are many people who experience symptoms of whiplash within a few days or weeks following an accident. If you don't take note of these symptoms and do not take action, you could end up causing permanent damage and potentially jeopardizing your ability to receive compensation.
Seeking medical attention also ensures that your injuries are documented in your medical records. This can stop 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 are covered by health insurance, make sure to provide this information to your doctors to enable them to be able to bill your policy ahead of time and seek reimbursement from the at-fault party or out of any settlement later. If you don't have insurance, our law firm is able to collaborate with medical professionals to delay billing or collection until after the claim is resolved.
Once you have received medical attention, we recommend keeping a log or other basic records of your experiences and the impact your injuries have had on your life. This can help you to identify the damages caused by accidents such as medical expenses, lost income due to missing work and other losses.
It is crucial to remember that even though it's natural to feel upset or angry following a car accident, shouting or screaming, or engaging in arguments could damage your case. Insurance adjusters from the truck driver's company or the trucking company may try to contact you and take a note of your statements. It is recommended to respectfully decline and refer your attorney.
You should also remember all your appointments and follow-ups with your physician. This will help you recover more quickly and can make it easier to claim compensation for the full range of your injuries. A jury will be more likely to accept any settlement offer if have strong medical evidence.
Documenting Your Injuries
Photograph both the vehicles and the scene of the crash from various angles. This will help determine who was at fault and can also be helpful for capturing your visible injuries. murrieta truck wreck lawyer can also be beneficial to write down all the details you can recall about the incident, even if they seem minor.
If medical assistance is available at the scene, make sure you and any other passengers undergo a thorough exam. Even if you don't believe you're injured, a medical professional can find injuries that don't be apparent until later and prove your case.
After you've been examined at the hospital, make sure that you request copies of your medical records. It is recommended to request this directly through your medical professional, instead of allowing an insurance company to have access to your medical records. This will ensure your privacy and stop an insurance company from using your pre-existing medical condition against you in a dispute over a claim.
Keep an account of your symptoms. This will help you and your lawyer when it comes time for the calculation of your losses. Note every detail, including a throbbing headache blurred vision, sharp pains in your leg. Keep a diary to record your symptoms. This will help to support your claim for compensation, which includes pain and suffering and loss of enjoyment of life.
If you can, speak to witnesses who witnessed the incident. Get their names and contact details so that your lawyer can get them to give a statement later on during the process. If you can't speak to them at the scene, it is important to investigate the area around the place where the accident occurred and attempt to locate witness statements later on.
It is important to gather any other documents and records that are relevant to your truck accident case, such as police reports, estimates for vehicle repairs and pay stubs and medical records as well as an accident journal. This information can be used to prove your losses if you are in dispute with the insurance company of the trucking firm. It is possible to subpoena the trucking company for certain types of records, including DOT records.
Contacting an attorney
Every claim is different. While many truck accident victims are able to settle their claims without having to go to court, each case is a unique. If an insurance company is unwilling to provide you with an equitable settlement, or their offers are significantly lower than what you require to cover your damages then it could be time to think about bringing a lawsuit.
There are many reasons that it is important to speak with an New York truck crash lawyer immediately following an accident as you can. One of the most important is that it allows us to begin constructing your case while evidence is fresh. The longer you wait to speak with an attorney, the more difficult it will be to retrieve crucial evidence, like witness statements. The memories of witnesses will fade and their statements are no longer reliable.
In addition, the investigation process for the investigation of a truck crash is more extensive than that of an automobile crash. This is due to the fact that truckers are required to have special commercial driver's licenses, which permit them to drive vehicles of a certain weight and size on the majority of roads. Additionally trucking companies and truckers are subject to a variety of federal regulations that must be followed. An experienced lawyer knows how to handle such an investigation and will gather all the available evidence including the blackbox data of the truck.
If you seek compensation, it is important to provide a detailed account of your losses as well as the impact your injuries have affected your life. This information will be used to calculate your total economic damages, which could be used to pay for past, present and future expenses that result as directly caused by the accident. You can, for example, seek compensation for medical expenses and lost wages as well as property damage.
Remember that even a seemingly minor injury could cause long-term consequences. So, it's a good idea to visit an expert doctor following any accident, whether you feel hurt or not. Getting diagnosed and treated immediately can also prevent any complications from arising later on which can make it difficult to obtain compensation for injuries from an accident.