How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can result in serious injuries, making it difficult to work and pay bills.
Victims may seek damages from the at-fault party by filing an injury claim. However, the insurance company may refuse to negotiate an equitable settlement. Your lawyer at Buckingham Barrera Vea can help you determine whether or not to pursue litigation.
Identifying the At Fault Party
The nature of truck accidents is more complicated than regular vehicle accidents. Most of the time, there are multiple parties to blame. Depending on the circumstances you may be able recover compensation from the driver of the truck and their employer, the company which loaded the truck, the manufacturer of the truck or its components, or even from government agencies. It will take a lot of investigation to find all the responsible parties, as they each have different insurance policies.
If you are tempted to talk to the other party's insurance companies or claim examiners following your accident, it's not the best idea. The defense lawyers of the defendants will be looking for any information you provide that they can use in a different context or alter and weaken your case.
Instead, you should concentrate your efforts on getting medical treatment and documenting your injuries. When you are in the beginning of the process it's important to involve an experienced truck accident attorney who is able to manage all communication with the responsible parties.
In general the case, a truck driver is at the fault of an accident if they're negligent behind the steering wheel. This includes reckless driving, for example, speeding or driving under the influence of drugs or alcohol. They could also be accountable for an accident in the event that truckers do not adhere to the rules of trucking, for example, driving hours restrictions.
If the employer of the truck driver is aware of hiring a driver who is incompetent or negligent and they are found to be liable under the legal law called respondeat superior. The trucking company may also be held liable if it does not adequately supervise its employees. In addition, the company that manufactured or sold the truck could be liable if it was not properly designed from the beginning.
The person who has control of the relevant surveillance footage of the scene could also be held responsible. They could have footage that shows the incident, such as skids that occur outside of marked lanes or damaged rails. They may have video footage that illustrates the details of the accident including the location of the truck at the time of the collision. Video evidence is difficult to find, as the parties who control it do not store it for a long time.
Get Medical Attention
Even if you seem to be fine after a crash with an automobile, it's vital to consult a doctor as soon as you can. It is common for people to experience the symptoms from injuries, such as whiplash, in a few days or weeks after an accident. If you ignore these symptoms, you may risk causing permanent damage and potentially jeopardizing your ability to receive compensation.
When you seek medical attention, you can ensure that your injuries are fully documented in your medical record. This will stop the trucking company, trucker or other parties at fault from claiming later that your symptoms were not related to the accident.
If you have medical insurance, make sure to disclose the details to your insurers so that they can be able to bill the policy up front and later seek reimbursement from the person at fault, or settlement. If you don't have insurance, we often work with the medical providers to delay the collection of bills or billing until after your claim is settled.
Once you have received medical attention, we suggest keeping a log or other simple records of your experiences and the impact your injuries had on your life. This will help you determine the damages that are a result of accidents, including medical expenses, lost income due to absence from work, and other losses.
Remember that yelling or screaming or engaging in a heated argument could damage your case. Insurance adjusters from the truck driver's or trucking company may try to contact you and record your account. It is recommended to be polite and decline the request. your attorney.
It is also crucial to follow your doctor's instructions for treatment and keep all of your follow-up appointments. miami gardens truck wreck lawyer will help you recover quicker and make it easier to claim reimbursement for the entire range of your injuries. Evidence of a strong medical basis for your injuries will make it easier for jurors to see how serious and significant your losses are. This will increase the odds that you will be able to get an equitable settlement from the trucking firm or other at-fault party.
Documenting Your Injuries
If your injuries do not prevent you from doing this, make sure you capture photos of the accident scene from multiple angles and of the damage that was caused to both vehicles. This will help prove who was at fault and also record your injuries visible. It could also be helpful to record all details you are able to recall about the accident even if they appear minor.
If medical assistance is available at the scene of the accident, be certain to obtain an accurate assessment for yourself and the other passengers. Even if you do not think you're hurt, a medical professional can identify injuries that won't manifest until later and can give evidence in your case.
After you have been discharged at the hospital, be sure to request copies of your medical records. It is best to do this directly with the medical professional, not permitting an insurance company access to your medical records. This will safeguard your privacy, and also prevent an insurance company from using your condition against you in a dispute over a claim.
In addition to your medical records, it is also advisable to keep a log of your injuries and symptoms. This will help you and your lawyer when it comes to making a calculation of your losses. Keep track of every detail, such as the throbbing headache, blurred vision, or sharp pains in your leg. Recording these symptoms may help to support your claims for pain and suffering or loss of enjoyment in life, and other compensation.
If possible, talk to witnesses who witnessed the incident. Get their contact details and names so that your lawyer could later ask them to give an account. If you can't speak with them at the scene it is vital to scope out areas around where the accident took place and try to locate statements from witnesses later on.
It is essential to collect all other documents and records that pertain to your case of a truck accident like police reports, vehicle repair estimates or pay stubs. Also, medical records, and an accident journal. This will help prove your losses in a claim dispute with the trucking company's insurance carrier. You may be required to subpoena the trucking company for specific kinds of records, like DOT records.
Contacting a Lawyer
Every claim is unique. While many victims of truck accidents can settle their claims without going to court, every case is different. If you feel that an insurance company isn't being fair or their settlement offers are significantly less than you need to cover the losses, you may want to consider making a claim.
There are numerous reasons to get in touch with an New York truck accident lawyer as soon as you can after an accident. One of the most important is that it allows us to begin building your case while evidence remains fresh. If you don't contact an attorney, the more difficult it will be to locate important evidence, like witness statements. Witnesses' memories fade and their statements become less reliable.
A truck accident investigation is also more thorough than an auto accident. This is because truckers are required to possess special commercial driver's licenses which allow them to operate vehicles of a specific weight and size on most roadways. In addition, truckers and trucking companies are subject to numerous federal regulations that must be followed. An experienced attorney will know how to handle this type of investigation and gather all available evidence, such as the black box data of the truck.
It is important that you include documentation detailing your losses and the impact of your injuries on your life when filing an insurance claim. The information you provide will be used to calculate your total economic damages, which will be used to cover present, past and future expenses that are directly caused by the crash. For instance, you could claim compensation for medical costs as well as lost wages or property damage.
It is also important to remember that even a minor injury could have long-term consequences. Therefore, it is essential to have a check-up with an expert doctor following any accident regardless of whether you are hurt or not. A quick diagnosis and treatment can also prevent any complications from arising later on that might make it harder to obtain compensation for accident-related losses.