How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can cause serious injury and make it difficult to work or pay bills.
Victims may seek damages from the party responsible for the accident by filing an individual injury claim. However, the insurance company may refuse to negotiate an appropriate settlement. Your lawyer at Buckingham Barrera Vea can assist you determine whether or not to pursue litigation.
Identifying the party at fault
In contrast to typical car 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 or their employer, a company that loaded the truck the manufacturer of the truck or the truck's parts, and even government agencies. Recognizing washington truck wreck lawyer will require extensive research, as each one has different insurance policies and numerous 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 an error. Defense lawyers for the defendants will be seeking out any statement you make that they can use in a different context or alter and weaken your case.
You should instead focus your efforts on seeking medical attention and recording your injuries. In the early stages of the process it is important to contact an experienced attorney for truck accidents who will manage all communications with the responsible parties.
In general the case, a truck driver is at fault for an accident when they're negligent behind the driving. This includes reckless driving, for example, speeding or driving under the influence of drugs or alcohol. They also could be liable for an accident if they do not adhere to trucking regulations, such as restrictions on hours of driving.
Respondeat superior may hold the employer of truck driver accountable when they hire an incompetent or negligent person. The trucking company can also be held liable if the company does not properly supervise its employees. The company that developed or sold the truck may also be accountable for its flaws.
Additionally, any other parties in charge of the relevant surveillance footage that filmed the accident scene may be held responsible. They might be able to provide footage that shows what caused your accident in the form of skid marks on the outside of the marked traffic lanes, or a damaged guardrail. They may have video footage that demonstrates the details of the accident including the location of the truck at the time of impact. Video evidence can be difficult to obtain because the parties that control it don't store it for a long time.
Get Medical Attention
Even if you seem to be fine after a collision with a truck, it is important to consult a doctor as soon as you can. It is normal for people to suffer symptoms of whiplash or other injuries a few days or even weeks after an accident. You could end up causing permanent damage if ignore these symptoms and jeopardize your chances of obtaining compensation.
Getting medical attention ensures that your injuries are fully documented in your medical records. This will prevent the truck driver, trucking company or another at-fault person from later claiming that your symptoms are not related to the accident.
If you have health insurance, make sure to give this information to your medical providers so that they can bill your policy upfront 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 the collection of bills or invoices until after the claim is resolved.
Once you have received medical attention, we recommend keeping a journal or another simple records of your experiences and the consequences your injuries have caused on your life. This can help you recognize injuries related to accidents such as medical expenses, income loss from working absences, and other losses.
It is important to remember that, while it's natural to feel upset or angry after a truck accident, shouting or screaming, or getting into arguments can harm your case. Insurance adjusters from the truck driver's or trucking firm will attempt to contact and take a note of your statements. It is recommended to respectfully decline and refer your attorney.
It is also essential to follow the doctor's directions for treatment and to keep all of your follow up appointments. This will help you recover quicker and help strengthen your claim for compensation. A strong medical proof of your injuries will help jurors to appreciate how serious and significant your losses are. This will increase the odds that you will be able to receive an equitable settlement from the trucking company or other at-fault party.
Documenting your injuries
Photograph both the vehicles and the scene of the crash from different angles. This will help you prove who is at fault and will also document your injuries visible. It is also helpful to write down everything you remember about the crash, even the smallest details.
If medical assistance is available at the scene, make sure you and the other passengers undergo a thorough examination. Even if it's not clear that you're injured, a medical professional will find injuries that don't be apparent until later and provide evidence in your case.
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 from the medical professional, instead of allowing an insurance provider to access your medical records. This will safeguard your privacy and prevent an insurance company from using your pre-existing condition against you in a claim dispute.
You should also keep your notes of your symptoms. This will help you and your lawyer when it comes to the calculation of your losses. Be sure to document every particular detail, like an aching headache, blurred vision, or sharp pain in your leg. Keep a diary to record your symptoms. This can help you support your claim for compensation, which could include suffering and pain as well as loss of enjoyment of living.
Ask witnesses to speak with you who were present at the scene of the accident. Contact them with their contact details and names so that your lawyer can ask them to give the statement. If you can't speak to them immediately, it's important to scope out the area around you and search for witnesses' statements later.
It is essential to collect any other records and documents that pertain to your case of a truck accident for example, police reports, estimates of repairs to your vehicle as well as pay stubs medical records, an accident journal. These records will help prove your losses in a dispute with the insurance company of the trucking company's carrier. It is possible to subpoena the trucking firm for certain kinds of records, such as DOT records.
Contacting a Lawyer
Each claim is unique. While many victims of truck accidents can settle their claims without having to go to court, each case is unique. If an insurance provider refuses to provide you with a fair settlement, or their offers are significantly lower than what you require to cover your losses then it could be the right time to think about filing a lawsuit.
There are a variety of reasons why it is important to contact a New York truck accident lawyer immediately following an accident. One of the most important is that it lets us begin to build your case while evidence is fresh. The longer you delay contacting an attorney, the harder it will be to retrieve important pieces of evidence such as witness statements. Witnesses' memories fade and their statements become unreliable.
A truck accident investigation is also much more thorough than a car accident. Truckers must have special commercial licenses that allow them to drive vehicles of a certain size weight on the majority of roads. Trucking companies and truckers are additionally subject to a myriad of federal regulations that must be adhered to. An experienced attorney can deal with this type of investigation and gather all evidence, such as the black box on the truck.
If you make a claim for compensation, it's important to include detailed documentation of your losses and the effect your injuries have had on your life. This information will be used to calculate the total economic damages. These could include both current and past future expenses incurred in the aftermath of the accident. For example, you can seek compensation for medical expenses loss of income, property damage, and much more.
Remember that even a seemingly minor injury could cause long-term consequences. You should always consult a doctor following any incident, regardless of whether you feel injured or not. Getting diagnosed and treated immediately can prevent problems from developing in the future that might make it harder to obtain compensation for injuries resulting from accidents.