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How to File a Truck Accident Claim Accidents with trucks can be devastating. They can result in serious injuries and make it difficult for people to continue working and pay bills. A personal injury claim may be filed by victims to seek damages from the party at the fault. However the insurance company could refuse to negotiate a fair settlement. Your attorney at Buckingham Barrera Vega can help you decide whether to pursue litigation. Identifying the At Fault Party In contrast to normal car crashes, truck accidents typically involve multiple at-fault parties. You could get compensation from the truck driver as well as their employer and the company who loaded the vehicle, the manufacturer of truck truck parts or even government agencies, depending on the circumstances. It will require many hours of research to find all the accountable parties, since they all have different insurance policies. While you may be tempted to contact the insurance companies of the other party or claim examiners following your accident, this is not the best idea. The defense lawyers of the defendants will try to use any information you provide in a different context, or twist and distort it to weaken your claim. You should instead concentrate your efforts on seeking medical care and documenting your injuries. When you are in the beginning of the process it is important to contact an experienced lawyer for truck accidents who is able to manage all communications with the responsible parties. In general, the truck driver is accountable for a collision when they are guilty of negligent behavior behind the driving. This includes reckless driving, including speeding or driving under the impaired by alcohol or drugs. They could also be accountable for an accident in the event that truckers fail to adhere to the rules of trucking, for example, limits on hours of operation. If the employer of a truck driver decides to employ a driver who is incompetent or negligent it could be held liable under a legal law called respondeat superior. league city truck accident lawyer could be held accountable if it isn't able to adequately supervise its drivers. Furthermore, the company who developed or sold the truck may be held accountable if the truck was defective from the beginning. The person who has control of the relevant surveillance footage of the scene may also be held accountable. They could be able show footage of what caused your accident like skid marks in the middle of the marked traffic lanes, or a damaged guardrail. They might have video footage that shows the details of the accident including the position of the truck at the time of impact. However the video evidence may be difficult to access because the parties responsible for it don't store it for long. Seek medical attention Even if everything seems to be fine it is important to see your doctor as soon as you can after a truck crash. People often suffer from whiplash symptoms for in the days or weeks following an accident. You may cause permanent damage if you do not take note of these symptoms and jeopardize your chances of obtaining compensation. By seeking medical attention, you can ensure that your injuries are completely documented in your medical record. This could prevent the truck driver, the trucking company or a third party at fault from later claiming your symptoms are unrelated to the crash. If you have health insurance, make certain to provide this information to your doctors to enable them to bill your policy upfront and request reimbursement from the party at fault or from any settlement later. If you don't have insurance, our law firm will often work with medical providers to delay billing or collection until after the claim is resolved. Once you have received medical attention, we recommend keeping a diary or other simple records of your experiences and the impact your injuries had on your life. This can help you to identify damage from an accident, including medical expenses, loss of income due to work-related absences and other losses. It is important to remember that even though it's natural to feel upset or angry following a truck accident, yelling or screaming, or getting into arguments can damage your case. Insurance adjusters from the truck driver or a trucking firm will attempt to contact and record your statement. It is best to be polite and decline the request. the request to your attorney. It is also important to follow your doctor's advice for treatment and to keep all of your follow-up appointments. This will help you recover more quickly and can help you to prove your claim for settlement for the full range of your injuries. A jury is more likely to accept an offer of settlement if you have a strong medical proof. Documenting your injuries Unless your injuries 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 allow you to prove who was at fault and will also document your injuries visible. It is also useful to note everything you remember about the crash, including seemingly minor details. If medical attention is available at the scene of the incident, be sure to receive a thorough evaluation for you and any other passengers. Even if there is no reason to think you are injured, a doctor may detect injuries that do not be apparent until later and reveal the hidden or delayed symptoms during your case. After you have been examined in the hospital, be sure to request copies your medical records. This is best done directly with your medical professional rather than the insurance company being able to view your medical records. This will protect your privacy and stop an insurance company from using your pre-existing condition against you in a claim dispute. It is also recommended to keep the journal of your experiences. This will aid you and your lawyer when it comes to the calculation of your damages. Make sure you record every detail, including a throbbing headache or blurred vision, or sharp pain in your leg. Recording these symptoms can aid in supporting your claims for pain and suffering or loss of enjoyment in life, and other compensation. Talk to witnesses who witnessed the accident. Request their names and contact information to enable your attorney to get them to give a statement later on in the case. If you cannot talk to them at the scene it is essential to investigate the area around the place where the accident occurred and try to locate witness statements later on. It is essential to collect any other records and documents that pertain to your case of a truck accident including police reports, estimates for vehicle repairs or pay stubs. Also medical records, as well as an accident journal. These records can be used to prove your losses in the event that you are in dispute with the insurance company of the trucking firm. You may also be required to subpoena certain types of records from the trucking company like DOT compliance records. Contacting an attorney While many victims of accidents involving trucks are able to settle their claims without having to take their case to court, each case is different. If an insurance company refuses to give you a fair settlement, or if the offers offered are significantly less than what you need to cover your damages then it could be time to consider filing a lawsuit. There are a myriad of reasons why it's essential to contact a New York truck crash lawyer as soon as possible. It helps us build your case while evidence is still fresh. The longer you delay to get in touch with an attorney the more difficult it will be to obtain crucial evidence, including witness statements. The memories of witnesses will fade, and their statements will become suspect. An investigation into a truck-related accident is also more thorough than an auto accident. This is because truckers must have special commercial driver's licences that permit them to operate vehicles of a specific weight and size on most roads. Truckers and trucking firms are also subject to a number of federal regulations that must be adhered to. A seasoned attorney will know how to deal with this type of investigation and collect all evidence like the black box of the truck. It is vital to document your losses and the effects of your injuries on your life when filing a compensation claim. This information can be used to calculate total economic damages. These could include both current and past future expenses that are incurred due to the accident. For instance, you can get compensation for medical expenses and lost wages, property damage, and more. Keep in mind that even a minor injury can have long-term effects. It is recommended that you see an expert doctor after any incident, regardless of whether you feel injured or not. Getting diagnosed and treated immediately will also help to prevent any complications from arising in the near future which can make it difficult to claim compensation for injuries resulting from accidents.