How to File a Truck Accident Claim
Truck accidents can be devastating. They can result in serious injuries and make it difficult for you to continue working or pay bills.
A personal injury claim may be made by the victim to recover damages from the party at blame. However, the insurance company may not agree to an equitable settlement. Your attorney at Buckingham Barrera Vea can help you decide whether to take legal action.
Identifying the At Fault Party
As opposed to car crashes, truck accidents often have multiple at-fault parties. Based on the circumstances, you could be able to receive compensation from the driver of the truck, their employer, a company that loaded the truck the company that manufactured the truck or parts, or even from government agencies. Finding all the responsible parties will require extensive investigation, as each party has different insurance policies and many factors to take into consideration.
It is a blunder to contact the insurance companies or claim examiners for the other party following an accident. The defendants' defense lawyers will be seeking out any statement you make that they can use out of context or make up to weaken your case.
You should instead concentrate your efforts on seeking medical attention and recording your injuries. Early on in the process it is important to contact an experienced truck accident attorney who is able to manage all communications with the responsible parties.
In general, the driver of a truck is the one responsible for causing a collision when they engage in negligent behavior behind the driving. This includes reckless driving, like speeding or driving under the effects of alcohol or drugs. They could also be accountable for an accident if they do not adhere to the rules of trucking, such as limitations on hours of driving.
If the employer of the truck driver is aware of hiring an incompetent or negligent driver and they are found to be liable under the legal doctrine called respondeat superior. The trucking company could also be held accountable if it fails to properly supervise its employees. The company that designed or sold the truck may also be accountable for the flaws in the truck.
In addition, any party who control the relevant surveillance footage which captured the accident scene may be held accountable. They could be able provide footage that illustrates what caused your accident like skid marks in the middle of designated traffic lanes or a damaged guardrail. They may contain video footage that details the details of the accident including the location of the truck at the time of impact. However the video evidence may be difficult to locate because the parties responsible for the evidence don't hold it for long.
Getting Medical Attention
Even if you appear fine after a collision with trucks, it is essential to visit a doctor as soon as you can. People typically suffer from whiplash symptoms for days or weeks after an accident. You could cause permanent damage if you do not take note of these symptoms, and compromise your ability to get compensation.
In addition, seeking medical attention ensures that your injuries are documented in your medical records. This will stop the trucker, trucking company or other parties at fault from later claiming that your symptoms were not related to the accident.
If minneapolis truck accident attorney are covered by health insurance, be sure to disclose this information to your doctors to enable them to bill your policy upfront and seek reimbursement from the party at fault or from any settlement later. If you do not have insurance, we often work with the medical professionals to delay collection or billing until after your claim is settled.
After receiving medical attention, we recommend keeping a diary or other simple record of your experience and the impact your injuries had on your life. This can help you identify accident damages such as medical costs, lost income from work interruptions, and other losses.
It is important to keep in mind that, while it's normal to feel upset or angry following a truck accident, shouting or screaming, or getting into arguments can harm your case. The trucking company's insurance adjusters may try to contact you and ask for a recorded statement, but it is best to respectfully decline these requests and refer them to your attorney.
It is also essential to follow your doctor's advice for treatment and attend all of your follow up appointments. This will help you recover faster and strengthen your claim for compensation. A strong medical proof of your injuries can make it easier for a jury to understand how serious and significant your losses are. This increases the likelihood that you'll be able to get an equitable settlement from the trucking firm or other at-fault party.
Documenting Your Injury
Photograph both your vehicle and the scene of the crash from various angles. This will allow you to prove who was responsible and can also help you document the visible injuries. It may also be useful to record all the details you can remember about the accident even if they appear minor.
If medical aid is available on the scene, make sure you and all other passengers undergo a thorough exam. Even if it's not clear that you're hurt, a medical professional may detect injuries that may not manifest until later and can prove your case.
After you've been checked out in the hospital, be sure to request copies your medical records. It is recommended to request this directly from the medical professional, not giving an insurance company permission 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, you should also keep a journal of your injury symptoms. This will aid you and your attorney when it comes to the calculation of your damages. Keep track of every detail, such as the throbbing headache blurred vision, sharp pains in your leg. Keep a diary to record your symptoms. This will help to prove your claim for compensation, which includes suffering and pain as well as loss of enjoyment of life.
Talk to witnesses who were present at the scene of the accident. Ask for their names and contact details to enable your attorney to request a statement from them later in the process. If you can't speak to them at the scene it is vital to examine the area around where the accident took place and try to obtain witness statements later on.
It is crucial to gather all other documents and records that are relevant to your truck accident case including police reports, estimates for vehicle repairs and pay stubs medical records, as well as an accident journal. These records can be used to prove your losses in the event that you have a dispute with the insurance firm of the trucking company. You may be required to subpoena the trucking company for specific types of records, including DOT records.
Contacting a Lawyer
Many truck accident victims are able to settle their claims without needing to go to court, every claim is different. If an insurance company refuses to offer you an adequate settlement or if the offers offered are significantly less than what you need to cover your losses, it may be the right time to think about filing a lawsuit.
There are many reasons why it is important to speak with a New York truck crash lawyer as soon after an accident as possible. It allows us to develop your case while evidence is still in its initial stages. The longer you put off the decision to speak with an attorney, the more difficult it will be to obtain important evidence, like witness statements. The memories of witnesses will fade, and their statements are no longer reliable.
Additionally the process of investigating the investigation of a truck crash is longer than a car crash. Truckers require special commercial licenses which allow them to drive vehicles with a certain size and weight on most roads. In addition trucking companies and truckers are subject to a variety of federal regulations that must be adhered to. An experienced lawyer is able to conduct an investigation and will gather all evidence available, including the black box information of the truck.
When you make a claim for compensation, it is important to document in detail your losses and the effect your injuries have had on your life. This information is used to calculate the total economic damages. These could include current, past and future expenses that are incurred in the aftermath of the accident. For example, you can seek compensation for medical expenses and lost income, property damage, and more.
It's also important to remember that even what seems like an insignificant injury could result in long-term effects. Therefore, you should always visit an expert doctor following any accident regardless of whether you feel injured or not. Getting diagnosed and treated immediately can prevent problems from arising later on that could make it difficult to obtain compensation for injuries from an accident.