How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries which can make it difficult for you to work or pay bills.
Victims are able to seek damages from the at-fault party by filing a personal injury claim. However the insurance company could refuse to negotiate an appropriate settlement. Your lawyer at Buckingham Barrera Vega can help you determine whether you should pursue litigation.
Identifying the At Fault Party
As opposed to car crashes, truck accidents typically involve multiple at-fault parties. Based on the circumstances, you may be able to get compensation from the driver of the truck as well as their employer, a company which loaded the truck, the company that manufactured the truck, or the truck's parts, and even government agencies. Identifying all parties liable will require extensive research, since each has its own insurance policies, and there are a lot of variables to take into consideration.
It is a blunder to contact the insurance companies or claim examiners from the other party after an accident. The defense lawyers of the defendants will try to use anything you say in a different context, or twist and distort it in order to weaken your claim.
Instead, focus your efforts on getting medical care and recording your injuries. At the beginning of the process, it is essential to consult an experienced lawyer for truck accidents who is able to manage all communication with the responsible parties.
In general, a truck driver is at the fault of an accident if they are negligent behind the driving. This includes reckless driving, such as speeding and driving under the influence of drugs or alcohol. They could also be accountable for an accident if they do not adhere to the rules of trucking, such as restrictions on driving hours.
Respondeat superior may be able to hold the employer of truck drivers accountable in the event that they hire a negligent or incompetent person. The trucking company may also be held accountable if it fails to properly supervise its employees. In addition, the company that engineered or sold the truck could be held accountable if the truck was faulty from the beginning.
A person who controls the relevant surveillance footage of the accident scene could also be held responsible. They could be able provide footage that shows how your accident happened, such as skid marks that are outside clearly marked traffic lanes or damaged guardrail. They might have video footage that shows the details of the incident, such as the position of the truck at the time of impact. Video evidence is hard to obtain, as the people who control it do not store it for a long time.
Receiving south dakota truck wreck lawyer if everything seems to be fine it is important to see a doctor as soon as you can following a accident. It is common for people to experience the symptoms from injuries, such as whiplash, within a few days, or weeks after an accident. You may cause permanent injury if you don't take care of these signs and thereby limit your chances of receiving compensation.
By seeking medical attention, you can ensure that your injuries are completely recorded in your medical records. This will prevent the trucking company, the driver or other at-fault parties from claiming later that your symptoms weren't related to the accident.
If you have medical insurance, be sure you provide this information to your providers to allow them to bill the policy upfront and later seek reimbursement from the at-fault person or settlement. If you don't have insurance, our law firm will often work with medical providers to postpone billing or collections until after your claim resolves.
After receiving medical attention, we recommend keeping a journal or another simple record of your experience and the impact your injuries have had on your life. This can help you recognize damage from an accident, including medical expenses, income loss because of work absences and other losses.
Be aware that screaming or shouting or engaging in an argument could damage your case. The truck driver's or trucking company's insurance adjusters could attempt to contact you, and ask for a written statement, however it is recommended to decline these requests and refer to your attorney.
It is also important to keep all your appointments and follow-ups with your doctor. This will help you recover quicker and strengthen your claims for settlement for the full range of your injuries. A jury is more likely to accept a settlement offer if you have medical evidence that is strong.
Documenting your injuries
Unless your injuries prevent you from doing so, make sure you capture photos of the scene from multiple angles and of the damage that was caused to both vehicles. This will help prove who was at fault and will also document the visible injuries. Additionally, it can be beneficial to record everything you remember about the accident, including minor details.
If medical attention is available at the scene of the accident, make certain to obtain a thorough evaluation for yourself and all other passengers. Even if there is no reason to believe you're injured, a doctor may find injuries that may not be apparent until later and can reveal the invisible or delayed symptoms throughout your case.
After you have been examined in the hospital, be sure you request copies of your medical records. It is best to do this directly with the medical provider, rather than giving an insurance company permission to access your medical records. This will help to secure your privacy and also prevent an insurer from using your pre-existing health conditions against you in a claim dispute.
You should also keep an account of your symptoms. This will help you and your lawyer when it comes time to making a calculation of your losses. Note every detail, including a throbbing headache, blurred vision, or sharp pains in your leg. Recording these symptoms can aid in supporting your claims for pain and suffering and loss of enjoyment of life, and other compensation.
If possible, speak to any witnesses who saw the accident. Get their names and contact information so that your attorney can request a statement from them later in the process. If you can't speak with them at the scene it is vital to examine the area where the accident occurred and attempt to find witness statements later on.
Collect any other records or documents that may be relevant to your claim for a truck accident, such as police reports and estimates for repairs to your vehicle, pay stubs and medical records, along with an accident journal. This will help prove your losses in a claim dispute with the insurance company of the trucking company's carrier. It is possible to subpoena the trucking company to produce certain kinds of documents, such as DOT records.
Contacting an Attorney
Every claim is different. While many truck accident victims can settle their claims without having to go to court, each case is unique. If an insurance company is unwilling to provide you with an acceptable settlement, or if their offers are substantially less than the amount you'll need to cover your losses, it may be time to think about bringing a lawsuit.
There are many reasons why it is important to contact an New York truck accident lawyer as soon as possible after the incident. This allows us to construct your case while the evidence is still fresh. The longer you delay contacting an attorney, the harder it will be to get important pieces of evidence such as witness statements. Witnesses' memories fade and their statements become less reliable.
An investigation into a truck-related accident is also more thorough than a car accident. Truckers must have special commercial licenses that permit them to drive vehicles with a certain size and weight along the majority of roads. In addition, truckers and trucking companies are subject to numerous federal regulations that must be adhered to. An experienced lawyer can handle this type of investigation and gather all evidence available including the black box data of the truck.
When you submit a claim for compensation, it's important to provide a detailed account of your losses and the impact your injuries have affected your life. This information will be used to calculate your total economic damages, which can be used to pay for present, past and future expenses that result as directly related to the accident. For instance, you can seek compensation for medical expenses and lost wages, property damage and more.
It is also important to remember that even an injury of a minor nature could have long-term consequences. So, it's a good idea to have a check-up with a doctor following any accident regardless of whether you feel injured or not. If you're treated immediately and diagnosed you can avoid any complications that may make it harder to recover compensation from your accident-related losses.