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How to File a Truck Accident Claim Truck accidents can be devastating. They can result in serious injuries that make it difficult to work as well as pay bills. A personal injury claim may be filed by victims to seek damages from the party at responsible. The insurance company might not be willing to negotiate a fair contract. Your lawyer at Buckingham Barrera Vea can assist you decide if it is appropriate to take legal action. Identifying the At-Fault Party In contrast to typical car crashes truck accidents typically involve multiple at-fault parties. Based on the circumstances, you could be able to obtain compensation from the owner of the truck as well as their employer, a company who loaded the truck, the company that made the truck or parts, and even government agencies. Identifying all parties liable will require extensive research, as each one has different insurance policies and many factors to take into consideration. If you are tempted to talk to the insurance companies of the other party or claim examiners after your 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 twist and distort to weaken your case. Instead, you should put your efforts on obtaining medical attention and documenting your injuries. It is essential to get an experienced lawyer for truck accidents involved in the early stages of the process, so that they can manage all communications with the liable 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, driving under the influence of alcohol or drugs. They can also be held accountable for an accident if truckers do not adhere to the rules of trucking, for example, the restrictions on driving hours. Respondeat superior could have the company that employs the truck driver accountable if they hire an incompetent or negligent person. It's also possible that the trucking company could be held accountable if they don't properly supervise their employees. The company that designed or sold the truck may also be accountable for its shortcomings. A person who controls the relevant surveillance footage of the scene could also be liable. They may have footage that shows the accident, for example, skids in lanes that are not marked or a damaged rail. They might also have video that provides details about the crash including the position of the truck at the time of the crash. Video evidence can be difficult to locate, since the parties who control it do not store it for long periods of time. Get Medical Attention Even if you seem to be fine after a collision with trucks, it is crucial to see a doctor as soon as you can. It is common for people to experience symptoms from injuries like whiplash in a few days or weeks after an accident. You could end up causing permanent damage if ignore these signs and thereby limit your chances of receiving compensation. By seeking medical attention, you can be sure that your injuries are fully documented in your medical record. This will prevent the trucking company, the trucker or any other at-fault party from claiming that your symptoms were not directly related to the incident. If you have medical insurance, be sure you provide the details to your insurers so that they can bill the policy upfront and then seek reimbursement later from the at-fault person or settlement. If you don't have insurance, our law firm can often work with medical providers to delay collection or billing until after the resolution of your claim. If you've sought medical attention, it is important to keep a journal of your experiences. This will allow you to keep track of your injuries as well as their impact on your life. This can help you to identify the damages caused by accidents such as medical expenses, income loss because of work absences and other losses. Be aware that screaming or shouting or getting into a fight can hurt your case. The truck driver's or the trucking company's insurance adjusters may attempt to contact you, and ask for a recorded statement, however it is recommended to decline these requests and refer them to your attorney. Also, you should keep all your appointments and follow-ups to your doctor. This will help you recover quicker and increase your chances of obtaining settlement for the full range of your injuries. Evidence of a strong medical basis for your injuries can aid jurors to appreciate how serious and significant your losses are. It will increase the chances that you'll be able get an equitable settlement from the trucking company or another at-fault party. Documenting Your Injury Unless your injuries prohibit you from doing so, be sure to capture pictures of the scene from multiple angles and of the damage caused to both vehicles. This will allow you to prove who was at fault and also record your injuries visible. It is also helpful to write down all the details you are able to recall about the incident even if the injuries seem minor. If medical assistance is available at the site of the incident, be sure to receive an in-depth evaluation of yourself and any other passengers. Even if you do not believe you're injured, a medical professional can find injuries that may not appear until later and provide evidence of these concealed or delayed symptoms 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 provider, rather than giving an insurance company permission to access your medical records. This will ensure your privacy, and also prevent an insurance company from using your pre-existing health condition against you in a dispute over a claim. In addition to your medical records, you should keep a log of your injury symptoms. This will be helpful to you and your lawyer when it comes time to making calculations of your losses. Keep track of every detail, such as the throbbing headache, blurred vision, or sharp pains in your leg. Keep a diary to record your symptoms. This can help you to support your claim for compensation, which could include the cost of suffering and pain, as well as loss of enjoyment. If possible, talk to any witnesses who saw the incident. Ask for their contact information and names so that your lawyer can later request an account. If you are unable to speak to them at the scene it is essential to examine the area around where the accident took place and try to find witness statements later on. Find any other documents or records that could be relevant to your claim for a truck accident like police reports and estimates for vehicle repairs as well as pay stubs, medical records, as well as an accident journal. This information can be used to prove your losses if you are in dispute with the insurance company of the trucking firm. It is possible to subpoena the trucking company for specific types of documents, such as DOT records. Contacting an Attorney Although many victims of truck accidents can settle their claims without having to take their case to court, each claim is unique. If you believe that an insurance company is not being fair or their settlement offers are significantly smaller than what you will need to cover the damage you might want to think about filing a lawsuit. There are a number of reasons to contact a New York truck accident lawyer immediately 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 delay to get in touch with an attorney the more difficult it will be to retrieve crucial pieces of evidence, including witness statements. The memories of witnesses will fade, and their statements are no longer reliable. An investigation into a truck-related accident is also much more thorough than an auto accident. Truckers need special commercial licenses, which permit them to drive vehicles of a certain size and weight along most roads. Truckers and trucking firms are also subject to a number of federal regulations that must be followed. A seasoned attorney will know how to conduct an investigation of this kind and gather all evidence available, such as the black box on the truck. It is vital to document your loss and the impact of your injuries on your life when filing an insurance claim. This information will be used to calculate the total economic damages. These could include past, current and future expenses that are incurred as a result of the accident. For instance, you may get compensation for medical expenses as well as lost wages, property damage and more. Remember that even surprise truck accident lawsuit could cause long-term consequences. You should always see an expert doctor after any accident, no matter whether you feel injured or not. Getting diagnosed and treated immediately can also prevent any complications from arising in the future which can make it difficult to get compensation for your injuries resulting from accidents.