How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can result in serious injuries which makes it difficult to work or pay your bills.
chino truck accident law firm are able to seek damages from the party at fault by filing an injury claim. However, the insurance company may refuse to negotiate an equitable settlement. Your lawyer at Buckingham Barrera Vega can help you decide if you should pursue litigation.
Identifying the At Fault Party
Truck accidents are more complicated than typical vehicle crashes. There are often multiple parties at fault. Depending on the circumstances, you may be able to recover compensation from the driver of the truck and their employer, the company which loaded the truck, the company that manufactured the truck or its components, or even from government agencies. It will require some time to determine the accountable parties, since they all have different insurance policies.
While you may be tempted to contact the other party's insurance companies or claim examiners following an accident, it's a mistake. The defense lawyers of the defendants will be searching for anything you say that they can use in a different context or alter and weaken your case.
You should instead concentrate your efforts on obtaining medical care and documenting your injuries. It is important to have an experienced lawyer for truck accidents involved in the early stages of the process to ensure they are able to handle all communication with the responsible parties.
In general, the driver of a truck is at fault for a crash when they engage in reckless behavior behind the steering wheel. This includes reckless driving such as speeding, driving while under the influence of alcohol or drugs. They can also be held accountable for an accident if truckers don't adhere to regulations governing trucking, like the restrictions on driving hours.
If the company that employs the truck driver chooses to hire a driver who is incompetent or negligent it could be found to be liable under the legal doctrine called respondeat superior. The trucking company could also be held accountable if it isn't able to adequately supervise its employees. Additionally, the company that designed or sold the truck could be held accountable if it was not properly designed from the beginning.
Additionally, any parties that control relevant surveillance footage that filmed the accident scene may be held accountable. They could be able provide footage that shows what caused your accident including skid marks on the outside of the marked traffic lanes, or a damaged guardrail. They may also have video that provides details about the crash including the position of the truck at the time of the accident. However, the video evidence can be difficult to obtain since the parties responsible for the evidence don't hold it for long.
Seek medical attention
Even if everything seems fine however, it's crucial to speak with a doctor as soon as you can following a truck accident. People often suffer from whiplash symptoms for within a few days or weeks following an accident. If you ignore these symptoms you could cause permanent damage and potentially jeopardizing your ability to receive compensation.
Medical attention is also a way to ensure that your injuries are recorded in your medical records. This will prevent the trucking company, the driver or any other at-fault party from claiming that your symptoms weren't caused by the accident.
If you have medical insurance, be sure you give the details to your insurers to allow them to bill the policy upfront and later seek reimbursement from the person at fault, or settlement. If you don't have insurance, our law firm is able to work with medical providers to delay collection or billing until after your claim has been resolved.
After you have sought medical attention, it is important to keep a journal of your experiences. This will allow you to record your injuries and their impact on your life. This will help you to identify accident-related damages such as medical expenses, lost income due to work absence, and other losses.
Be aware that shouting or screaming or getting into a fight can hurt your case. Insurance adjusters from the truck driver or a trucking company may try to contact you and take a note of your statements. It is best to politely decline and refer these requests to your attorney.
You should also keep all your appointments and follow-ups to your doctor. This will help you recover faster and strengthen your claim for compensation. A jury is more likely to accept any settlement offer if have a strong medical proof.
Documenting your injuries
Photograph both the vehicles and the scene of the accident from various angles. This will allow you to prove who was at fault, and also record the physical injuries you sustained. It is also helpful to note down all the details you remember about the incident even if the injuries seem minor.
If medical assistance is available at the scene, ensure that you and any other passengers receive a thorough examination. Even if you don't believe you're injured, a medical professional can identify injuries that won't show up until later on and can provide evidence of these invisible or delayed symptoms throughout your case.
After you've been examined in the hospital, be sure that you request copies of your medical records. It is recommended to request this directly with the medical practitioner, rather than giving an insurance company permission access to your medical records. This will ensure your privacy, and also prevent an insurance company from using your pre-existing medical condition against you in a claim dispute.
You should also keep a diary of your symptoms. This will be helpful to you and your lawyer when it comes time for making a calculation of your losses. Keep track of every detail, such as headaches that throb blurred vision, sharp pains in your leg. Keeping a journal of these symptoms can aid in supporting your claims for pain and suffering as well as loss of enjoyment life, and other damages.
If you can, speak to witnesses who witnessed the incident. Find their names and contact information so that your attorney can request a statement from them later in the process. If you are unable to speak to them on the spot, it is important to scope out areas around where the accident occurred and try to obtain witness statements later on.
It is important to gather all other documents and records that pertain to your case of a truck accident for example, police reports, estimates for vehicle repairs and pay stubs and medical records as well as an accident journal. These records will help prove your losses in a claim dispute with the insurance company that is the trucking company's carrier. You may be required to subpoena the trucking company for specific kinds of records, like DOT records.
Contacting an attorney
Every claim is different. While many victims of truck accidents can settle their claims without having to go to court, each case is different. If you believe that the insurance company isn't being fair or their settlement offers are far lower than what you need to cover the damage You may want to consider making a claim.
There are a variety of reasons to reach out to an New York truck accident lawyer as soon as possible after the incident. One of the most important is that it allows us to begin constructing your case while evidence remains fresh. The longer you put off the decision to contact an attorney, the more difficult it will be to find important evidence, such as witness statements. The memories of witnesses will fade, and their statements are no longer reliable.
A truck accident investigation is also much more thorough than an auto accident. Truckers must possess special commercial licenses which allow them to drive vehicles of 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 can conduct an investigation of this kind and gather all evidence available like the black box data of the truck.
It is essential to include documentation detailing your losses and the effects of your injuries on your life when you file the claim for compensation. The information you provide will be used to calculate your total economic damages, which will cover past, present and future expenses that result as directly related to the accident. For instance, you could claim compensation for medical expenses as well as lost wages or property damage.
It is also important to keep in mind that even an insignificant injury could result in long-term consequences. Therefore, you should always have a check-up with a doctor after any crash, whether you feel hurt or not. If you are treated and diagnosed immediately, you can also prevent the possibility of future complications that can make it harder to claim compensation for your accidents-related losses.