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How to File a Truck Accident Claim Accidents with trucks can be devastating. They can result in serious injuries which can make it difficult for you to work or pay bills. A personal injury claim can be filed by victims to seek damages from the party who was at the fault. The insurance company might not be willing to negotiate a fair contract. Your lawyer at Buckingham Barrera Vea can help you decide whether to take legal action. Identifying the At Fault Party In contrast to typical car crashes truck accidents often have multiple at-fault parties. Depending on the circumstances, you may be able to recover compensation from the driver of the truck and their employer, the company that loaded the truck, the company that manufactured the truck or the truck's components, or even from government agencies. Identifying all parties liable will require a thorough investigation as each one has different insurance policies and many factors to take into consideration. Although you might be enticed to talk to the other party's insurance companies or claim examiners following an accident, it's not the best idea. The lawyers representing the defendants will try to use anything you say in a different context or distort and twist it in order to undermine your claim. Instead, you should focus your efforts on obtaining medical care and recording your injuries. cary truck wreck lawyer is important to have an experienced lawyer for truck accidents involved early in the process, so that they can manage all communications with the responsible parties. In general, a truck driver is at the fault of an accident if they are negligent behind the steering wheel. This includes reckless driving such as speeding and driving under the influence of drugs or alcohol. They also could be liable for an accident if they don't adhere to the rules of trucking, such as restrictions on hours of driving. If the truck driver's employer is aware of hiring a driver who is incompetent or negligent it could be legally liable under a doctrine known as respondeat superior. It's also possible that the trucking company is liable if they don't properly supervise their employees. The company that designed or sold the truck could also be accountable for the flaws in the truck. The person who has control of the relevant surveillance footage of the scene of the accident could also be liable. They may be able to provide footage that demonstrates how your accident happened like skid marks outside of the marked traffic lanes, or a damaged guardrail. They might have video footage that demonstrates the details of the accident including the location of the truck at the time of impact. Video evidence is hard to obtain, as the parties who own it do not store it for a long time. Get Medical Attention Even if it appears that you are in good shape after a collision with the truck, it's essential to visit a medical professional as soon as possible. It is common for people to experience symptoms from injuries such as whiplash within a few days, or weeks after an accident. If you do not take care to address these symptoms and do not take action, you could end up causing permanent damage, and possibly affecting your chance of receiving compensation. In addition, seeking medical attention ensures that your injuries are fully documented in your medical records. This will prevent the trucking company, the trucker, or other at-fault parties from claiming that your symptoms weren't connected to the accident. If you have medical insurance, be sure to disclose the information to your insurance provider so that they can charge the policy in advance and then seek reimbursement later from the at-fault person or settlement. If you don't have insurance, we often work with the medical providers to delay collection or billing until after your claim is settled. If you've sought medical attention, it is important to keep a journal of your experiences. This will help you keep track of your injuries and their impact on your life. This will help you to identify the damages that are a result of accidents, including medical expenses, loss of income due to absence from work, and other losses. It is important to remember that, while it's natural to feel upset or angry after a truck accident, yelling or screaming or engaging in arguments could cause damage to your case. The truck driver's or trucking company's insurance adjusters may attempt to contact you, and ask for a written statement, but it's recommended to decline these requests and forward them to your attorney. It is also important to keep all appointments and follow-ups to your doctor. This will allow you to recover quicker and make it easier to claim reimbursement for the entire range of your injuries. A jury is more likely to accept a settlement offer if you have medical evidence that is strong. Documenting your injuries Take photos of both vehicles as well as the scene of the accident from different angles. This will allow you to prove who was at fault and will also document your visible injuries. It can also be beneficial to record all details you can remember about the accident even if the injuries seem minor. If medical assistance is on the scene, ensure that you and your fellow passengers undergo a thorough examination. Even if you don't believe you're hurt, a medical professional may detect injuries which will not be evident until later, and give evidence in your case. After you have been checked out in the hospital, make sure you request copies of your medical records. This is best done directly with the medical professional rather than allowing your insurance company to review your medical records. This will help to protect your privacy and prevent an insurance company from using your pre-existing health conditions against you during a claim dispute. In addition to your medical documents, you should keep a log of your injuries symptoms. This will be useful to you and your lawyer when it comes time to the calculation of your losses. Make sure to record every single detail, such as a throbbing headache, blurry vision, or a sharp pain in your leg. Keep a log of your symptoms. This can help to support your claim for compensation, which could include suffering and suffering as well as loss of enjoyment. If you can, speak to any witnesses who saw the incident. Get their contact details and names so that your lawyer could later have them give the statement. If you aren't able to speak with them on the spot, it's important to scope out the surrounding area and seek out witnesses' statements later. It is crucial to gather any other documents and records that pertain to your case of a truck accident including police reports, vehicle repair estimates 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 have a dispute with the insurance company of the trucking company. You may also have to request certain types of records from the trucking firm such as the DOT compliance records. Contacting a Lawyer While many victims of accidents involving trucks are able to settle their claims without having to take their case to court, each case is unique. If an insurance company is unwilling to provide you with an equitable settlement, or if their offers are far lower than what you'll need to cover your losses and losses, it might be time to consider a lawsuit. There are a number of reasons to get in touch with a New York truck accident lawyer as soon as possible after an accident. It helps us build your case while the evidence is still fresh. The longer you put off contacting an attorney, the harder it will be to find crucial evidence like witness statements. The memories of witnesses will fade, and their statements will become suspect. Additionally, the investigation process for truck accidents is more extensive than a car crash. Truckers must have special commercial licenses that allow them to drive vehicles with a certain size and weight on most roads. Truckers and trucking firms are also subject to a variety of federal regulations which must be followed. An experienced lawyer is able to conduct an investigation and will collect all evidence that is available, including the blackbox data of the truck. It is important that you include a written record of your losses and the effects of your injuries on your life when you file a compensation claim. This information will be used to calculate your total economic damages, which will cover past, present and future expenses that result as directly related to the accident. For instance, you can claim compensation for medical expenses loss of wages, medical expenses, or property damage. It's also important to remember that even what seems like a minor injury could have long-term consequences. Therefore, it's important to have a check-up with a medical professional following any crash regardless of whether you feel hurt or not. If you're treated immediately and diagnosed it will also help prevent future complications that could make it more difficult to collect compensation from accidents-related losses.