How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. They can cause serious injury which makes it difficult for you to work or pay your bills.
A personal injury lawsuit can be filed by victims to seek damages from the party who was at the fault. The insurance company may not be willing to reach a fair deal. Your attorney at Buckingham Barrera Vega can help you decide whether to pursue litigation.
Identifying the party at fault
Unlike standard vehicle crashes, truck accidents usually involve multiple at-fault parties. Based on the circumstances, you may be able receive compensation from the driver of the truck, their employer, a company which loaded the truck, the manufacturer of the truck or its parts, and even government agencies. Recognizing all the parties responsible will require extensive research, as each party has different insurance policies and numerous factors to consider.
Although you might be enticed to speak to the insurance companies of the other party or claim examiners following the accident, this is an error. 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.
Instead, you should put your efforts on obtaining medical treatment and documenting your injuries. It is important to have an experienced truck accident lawyer involved early in the process, so that they can handle all communication with responsible parties.
In general, the driver of a truck is accountable for a collision when they engage in reckless behavior behind the wheel. This includes reckless driving, such as speeding or driving under the influence of drugs or alcohol. They could also be held accountable for an accident if they fail to comply with trucking regulations, for example, limitations on hours of driving.
Respondeat superior could have the employer of truck driver accountable if they hire an incompetent or negligent employee. The trucking firm could be held liable if it fails to properly supervise its employees. Also, the business that developed or sold the truck may be held responsible if the design was faulty from the beginning.
A person who controls the relevant surveillance footage of the accident scene could also be held liable. They might be able to provide footage that illustrates how the accident occurred including skid marks outside of designated traffic lanes or a damaged guardrail. They might also have video that can provide details of the accident including the position of the truck at the time of the crash. pompano beach truck wreck lawyer can be difficult to obtain because the people who control it don't store it for a long time.
Receiving Medical Attention
Even if everything seems to be fine however, it's crucial to speak with your doctor as soon as you can following a truck accident. It is common for people to feel symptoms of whiplash or other injuries in a few days or weeks after an accident. You may cause permanent injury if you don't take care of these symptoms, and compromise the chance of getting compensation.
Seeking medical attention also ensures that your injuries are documented in your medical records. This will stop the trucking company, trucker or other parties at fault from later claiming that your symptoms weren't directly related to the incident.
If you have medical insurance, be sure you give this information to your providers 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 may work with medical providers to postpone billing or collections until after your claim resolves.
After seeking medical attention, it's essential to keep a record of your experiences. This will help you document your injuries and their impact on your life. This will help you determine injuries that result from accidents, such as medical expenses, loss of income because of work absences and other losses.
Remember that screaming, shouting or engaging in an argument can hurt your case. Insurance adjusters from the truck driver's company or the trucking firm will attempt to contact and take a note of your statements. It is best to respectfully decline and refer the request to your attorney.
It is also important to keep all your appointments and follow-ups to your doctor. This will help you recuperate faster and increase the strength of your claim for compensation. A jury will be more likely to accept a settlement offer if you have evidence of your medical condition.
Documenting your injuries
Photograph both your vehicle and the scene of the crash from various angles. This will help prove who was at fault and will also document your visible injuries. It may also be useful to write down all the details you remember about the accident, even if they seem minor.
If medical assistance is available on the scene, make sure you and the other passengers undergo a thorough exam. Even if you do not think you're injured, a medical professional will detect injuries which will not appear until later and give evidence in your case.
When you've been checked out at the hospital, be sure to request copies of your medical records. It is best to do this directly through the medical professional, instead of allowing an insurance company access to your medical records. This will safeguard your privacy, and prevent an insurance company from using your condition against you in a claim dispute.
It is also recommended to keep a diary of your symptoms. This will assist you and your attorney when the calculation of your damages. Note every detail, including the throbbing headache, blurred vision, or sharp pains in your leg. Keeping a journal of these symptoms can aid in supporting your claims for pain and suffering or loss of enjoyment in life, and other damages.
Ask witnesses to speak with you who were present at the scene of the accident. Ask for their contact information and names so that your lawyer can ask them to give a statement. If you're not able to speak to them immediately, it's important to scope out the area around you and search for witness statements later.
Find any other records or documents that may be relevant to your claim for a truck accident for example, police reports and estimates for vehicle repairs, pay stubs and medical records, in addition to 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 business. You may need to subpoena the trucking company for specific types of records, including DOT records.
Contacting a Lawyer
Although many victims of truck accidents are able to settle their claims without having to take their case to court, every claim is unique. If you believe that an insurance company is not being fair or their settlement offers are less than what you require to cover the damages and you are not satisfied, you might consider making a claim.
There are many reasons why it's important to contact an New York truck crash lawyer as soon as possible. One of the most important is that it allows us to begin constructing your case while evidence remains fresh. The longer you put off contacting an attorney, the more difficult it will be to get crucial evidence such as witness statements. The memories of witnesses will fade and their statements become unreliable.
Additionally the investigation process for a truck accident is much longer than an automobile crash. Truckers must possess special commercial licenses which allow them to drive vehicles that are a specific size and weight on the majority of roads. In addition, truckers and trucking companies are subject to a variety of federal laws that must be followed. An experienced lawyer knows how to conduct an investigation. They will collect all the available evidence, including the black box information of the truck.
When you submit a claim for compensation, it is crucial to provide detailed documentation of your losses as well as the impact your injuries have affected your life. This information will be used to calculate your total economic damages, which can cover past, present and future expenses that are directly caused by the accident. For instance, you could, seek compensation for medical costs and lost wages as well as property damage.
Keep in mind that even a minor injury may have long-term consequences. So, it's a good idea to visit a doctor after any crash regardless of whether you are hurt or not. Being diagnosed and treated promptly will also help to prevent any complications from arising in the near future that could make it difficult to obtain compensation for injuries from an accident.