How to File a Truck Accident Claim
Accidents involving trucks can be catastrophic. gresham truck accident lawsuit can cause serious injuries which make it difficult to work as well as pay bills.
Victims can recover damages from the at-fault party by filing a personal injury claim. However, the insurance company may not agree to an appropriate settlement. Your lawyer at Buckingham Barrera Vea can assist you decide if it is appropriate to take legal action.
Identifying the party at fault
Unlike standard vehicle crashes, truck accidents usually involve multiple at-fault parties. Depending on the circumstances you may be able to obtain compensation from the owner of the truck or their employer, a company who loaded the truck, the company that made the truck or its parts, or even from government agencies. Recognizing all the parties responsible will require extensive research, because each of them has their own insurance policies, and there are a lot of variables to take into consideration.
If you are tempted to speak with the insurance companies of the other party or claim examiners following the accident, this is an error. The lawyers representing the defense of defendants are likely to use any information you provide out of context, or twist and distort it to undermine your claim.
Instead, you should focus your efforts on getting medical care and recording your injuries. It is essential to get an experienced truck accident lawyer involved early in the process to ensure they are able to handle all communication with liable parties.
In general, the truck driver is the one responsible for causing a collision when they engage in reckless behavior behind the wheel. This includes reckless driving such as speeding, driving under the influence of alcohol or drugs. They may also be held accountable for an accident if the truckers do not abide by the rules of trucking, for example, limitations on hours of driving.
If the employer of the truck driver knowingly hires a negligent or incompetent driver, they could be held liable under a legal doctrine called respondeat superior. The trucking company can also be held responsible if it does not properly supervise its employees. In addition, the company that engineered or sold the truck may be held accountable if it was not properly designed from the beginning.
Additionally, any parties in control of relevant surveillance footage that was captured at the accident scene may be held responsible. They could have footage that demonstrates the accident, like skids outside of marked lanes or a damaged rail. They might also have video that can provide details of the accident and the location of the truck at the time of the accident. However the video evidence could be difficult to access because the people who are in charge of it don't store it for long.
Get Medical Attention
Even if you appear fine after a crash with a truck, it is important to consult a doctor as soon as possible. It is common for people to feel symptoms of whiplash or other injuries a few days or even weeks after an accident. You may cause permanent damage if you ignore these signs and thereby limit the chance of getting compensation.
By seeking medical attention, you can be sure that your injuries will be completely documented in your medical record. This can stop the truck driver, the trucking company, or any other at-fault party from later claiming that your injuries are not related to the crash.
If you have medical insurance, be sure to provide this information to your providers so that they can invoice the policy in advance and then seek reimbursement later from the person who is at fault or settlement. If you don't have insurance our law firm can often collaborate with medical professionals to postpone billing or collections until after the resolution of your claim.
After you have received medical attention, we suggest keeping a diary or other simple records of your experiences and the effects your injuries have had on your life. This can help you identify the damages caused by accidents such as medical expenses, lost income due to work-related absences and other losses.
It is important to keep in mind that, while it's natural to feel angry or angry following a truck accident, yelling or screaming or engaging in arguments could harm your case. The truck driver's or the trucking company's insurance adjusters are likely to attempt to contact you and request for a recorded statement, but it's best to be politely reject these requests and refer them to your attorney.
It is also crucial to follow your doctor's advice regarding treatment and keep track of your follow up appointments. This will help you recover faster and strengthen your claim for compensation. The presence of medical evidence that is strong and convincing about your injuries will help a jury to understand how serious and significant your losses are, and will increase the chances that you'll be able to obtain a fair settlement offer from the trucking company or any other at-fault party.
Documenting your injuries
Take photos of both vehicles as well as the scene of the accident from different angles. This will help prove who was at fault and also record your injuries visible. It is also helpful to write down everything you remember about the accident, including seemingly minor details.
If medical attention is available at the scene of the incident, be certain to obtain a thorough evaluation for yourself and the other passengers. Even if it isn't clear that you believe you're injured, a medical professional can find injuries that may not be noticed until later and reveal the hidden or delayed signs during your case.
After you've been examined at the hospital, make sure to request copies of your medical records. It is recommended to request this directly through your medical provider, rather than allowing an insurance provider to have access to your medical records. This will help ensure your privacy and stop the insurer from using your existing medical conditions against you in a dispute.
You should also keep the journal of your experiences. This will assist you and your lawyer in calculating your damages. Keep track of every detail, such as the throbbing headache blurred vision, sharp pains in your leg. Keep a log of your symptoms. This can help you to prove your claim for compensation, including the cost of suffering and pain, as well as loss of enjoyment of living.
If you can, speak to witnesses who witnessed the incident. Get their contact details and names so that your lawyer can later ask them to provide the statement. If you cannot talk to them on the spot, it is important to scope out the area around the place where the accident occurred and try to find witness statements later on.
Gather any other records or documents that could be relevant to your truck accident claim, such as police reports and estimates for repairs to your vehicle as well as pay stubs, medical records, along with an accident journal. These records can be used to prove your losses if you have a dispute with the insurance firm of the trucking company. It is possible to subpoena the trucking company to produce certain types of records, like DOT records.
Contacting a Lawyer
Every claim is different. While many truck accident victims are able to settle their claims without going to court, each case is different. If you believe that an insurance company isn't being fair or their settlement offers are smaller than what you will need to pay for the damages you might want to think about making a claim.
There are a myriad of reasons why it's important to contact a New York truck crash lawyer as soon after an accident as you can. It allows us to develop your case while evidence is still in its initial stages. The longer you delay to speak with an attorney, the more difficult it will be to locate important evidence, such as witness statements. Witnesses' memories will fade and their statements become less reliable.
A truck accident investigation is also more thorough than a car accident. This is because truckers must possess special commercial driver's licenses that allow them to operate vehicles of a specific weight and size on a majority of roads. Additionally, truckers and trucking companies are subject to a variety of federal regulations that must be abided by. An experienced attorney knows how to conduct an investigation and will gather all evidence that is available including the blackbox data of the truck.
It is vital to include a written record of your losses and the impact of your injuries on your life when filing a compensation claim. This information will be used to calculate your economic damages, which will cover past, present and future expenses that are directly caused by the crash. For instance, you could you can seek compensation for medical expenses, lost wages, or property damage.
Be aware that even a minor injury could have long-term consequences. You should always consult a doctor following any incident, regardless of whether you feel injured or not. A quick diagnosis and treatment will also help prevent complications from arising later on that might make it harder to recover compensation for your accident-related losses.