How to File a Truck Accident Claim
Truck accidents can be traumatic. cranston truck wreck lawyer can result in serious injuries that make it difficult to work and pay bills.
A personal injury claim can be filed by victims to seek damages from the party who was at responsible. The insurance company may not be willing to negotiate a fair settlement. Your attorney at Buckingham Barrera Vea can assist you decide if it is appropriate to take legal action.
Identifying the party at fault
Truck accidents are more complicated than regular vehicle accidents. In most cases, there are multiple parties at fault. Depending on the circumstances you may be able to receive 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, as each party has different insurance policies, and there are a lot of variables to consider.
It is a mistake to contact the insurance companies or claim examiners from the other party following an accident. The lawyers representing the defendants will be seeking out any statement you make that they can use out of context or alter and weaken your case.
Instead, focus your efforts on seeking medical treatment and recording your injuries. In the early stages of the process it's important to involve an experienced truck accident attorney who will handle all communication with the responsible parties.
In general, the truck driver is accountable for a collision when they are guilty of negligent behavior behind the steering wheel. This includes reckless driving, for example, speeding or driving under the effects of alcohol or drugs. They also could be liable for an accident if they fail follow trucking regulations such as restrictions on hours of driving.
If the company that employs the truck driver knowingly hires a negligent or incompetent driver, they could be legally liable under a law called respondeat superior. It's also possible that the trucking company is responsible for failing to properly supervise their drivers. The company that created or sold the truck may also be accountable for the flaws in the truck.
Additionally, any other parties who control the relevant surveillance footage that filmed the accident scene may be held accountable. They may have footage that illustrates the incident, such as skids outside of marked lanes or damaged rails. They may have video footage that illustrates the details of the incident like the location of the truck at the time of impact. Video evidence is hard to obtain, as the parties who own it don't keep it for long periods of time.
Seek medical attention
Even if all seems well but it's still important to talk to an expert as soon as you can following a crash. It is common for people to feel symptoms of whiplash or other injuries in a few days or weeks after an accident. If you do not take care to address these symptoms you could cause permanent damage and could affect your chances of receiving compensation.
Medical attention is also a way to ensure that your injuries are recorded in your medical records. This can stop the truck driver, 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 the information to your insurance provider to allow them to charge the policy in advance and later seek reimbursement from the person at fault, or settlement. If you do not have insurance, we may work with the medical professionals to delay billing or collection until after the claim has been completed.
After you have received medical attention, we suggest keeping a journal or another simple record of your experience and the effects your injuries have had on your life. This can help you to identify damage from an accident, including medical costs, lost income from work interruptions, and other losses.
It is important to keep in mind that while it may be normal to feel upset or angry following a truck accident, shouting or screaming or getting into arguments can damage your case. Insurance adjusters from the truck driver's or trucking company will try to contact and take a note of your statements. It is recommended to politely decline these requests and refer the request to your attorney.
You should also remember all your appointments and follow-ups to your doctor. This will allow you to recover faster and strengthen your claim for compensation. A jury is more likely to accept the settlement offer if you have a strong medical proof.
Documenting your injuries
Unless you are unable due to injuries from doing so, make sure to capture pictures of the scene from various angles and of the damage caused to both vehicles. This will allow you to prove who was responsible, and it will also be helpful in documenting your physical injuries. Additionally, it may be beneficial to record everything you remember about the accident, including the smallest details.
If medical aid is available on the scene, ensure that you and any other passengers receive a thorough examination. Even if it isn't clear that you think you are injured, a physician can detect injuries that do not be noticed until later and can reveal the hidden or delayed symptoms during your case.
Once you've been cleared at the hospital, be sure to request copies of your medical records. It is recommended to request this directly through your medical professional, not allowing an insurance company to access your medical records. This will protect your privacy and stop an insurance company from using your pre-existing medical condition against you in a claim dispute.
In addition to your medical records, you should also keep a journal of your injury symptoms. This will assist you and your attorney in the calculation of your damages. Keep track of every single detail, such as the throbbing headache, blurred vision, or sharp pain in your leg. A journal of these symptoms may help to support your claims for pain and suffering or loss of enjoyment in life, and other damages.
Ask witnesses to speak with you who witnessed the accident. Request their contact information and names so that your lawyer can later ask them to give an account. If you are unable to speak to them at the scene it is crucial to look around the area around where the accident took place and try to obtain witness statements later on.
Find any other documents or records that may be relevant to your truck accident claim like police reports and estimates for vehicle repairs as well as pay stubs, medical records, in addition to an accident journal. This information will help to prove your loss in a dispute with the insurance carrier. You may also be required to obtain certain kinds of records from the trucking firm for example, DOT compliance records.
Contacting an Attorney
Every claim is unique. While many truck accident victims can settle their claims without going to court, each case is unique. If you feel that an insurance company isn't being fair or their settlement offers are significantly less than what you require to cover the losses You may want to consider making a claim.
There are a myriad of reasons why it's important to contact an New York truck crash lawyer as soon after an accident as you can. This allows us to construct your case while evidence is still in its initial stages. If you don't contact an attorney, the harder it will be to get important evidence such as witness statements. Witnesses' memories will fade and their statements become less reliable.
In addition the investigation process for truck accidents is more extensive than that of a car crash. This is because truckers are required to have special commercial driver's licenses which allow them to drive vehicles of a certain weight and size on the majority of roads. In addition trucking companies and truckers are subject to a variety of federal regulations that must be abided by. An experienced lawyer is able to conduct an investigation and will collect all the evidence that is available including the black-box data of the truck.
It is important that you include documentation detailing your loss and the impact of your injuries on your life when you file the claim for compensation. This information is used to calculate the total economic damages. These could include current, past and future expenses incurred in the aftermath of the accident. For instance, you could claim compensation for medical costs loss of wages, property damage and much more.
Keep in mind that even a minor injury may have long-term effects. Therefore, you should always be examined by a doctor following any accident regardless of whether you feel hurt or not. If you're treated immediately and diagnosed you can avoid any complications that may make it more difficult to recover compensation from your accidents-related losses.