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How to File a Truck Accident Claim Accidents involving trucks can be catastrophic. They can cause serious injury and make it difficult for you to continue working or pay bills. Victims can recover damages from the party responsible for the accident by filing a personal injury claim. The insurance company may not be willing to negotiate a fair agreement. Your lawyer at Buckingham Barrera Vega can help you decide whether or not to pursue litigation. Identifying the At Fault Party As opposed to car crashes, truck accidents often have multiple at-fault parties. It is possible to seek compensation from the driver of the truck and their employer as well as the company that loaded the vehicle the manufacturer of truck truck parts or even government agencies, based on the circumstances. Identifying all the liable parties will require extensive research, as each party has different insurance policies and many factors to take into consideration. While you may be tempted to talk to the other party's insurance companies or claim examiners following an accident, it's an error. The defense lawyers of the defendants will be looking to use any information you provide in a different context or to twist and distort it to undermine your claim. Instead, focus your efforts on obtaining medical treatment and documenting your injuries. It's important to get an experienced truck accident lawyer involved early in the process to be able to manage all communications with the parties at fault. In general, the driver of a truck is accountable for a collision when they are guilty of negligent conduct behind the driving. 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 fail to follow trucking regulations such as limitations on hours of driving. Respondeat superior could make the employer of truck driver accountable in the event that they hire an incompetent or negligent person. The trucking company could also be held liable if it does not adequately supervise its drivers. The company who designed or sold the truck may also be responsible for the flaws in the truck. Furthermore, any person in charge of the relevant surveillance footage that was captured at the accident scene may be liable. They could possess footage that documents the accident, like skids that occur outside of marked lanes or a damaged rail. They may also have videos which can give details of the accident including the truck's location at the time of the crash. Video evidence isn't easy to obtain because the people who control the evidence do not keep it for long periods of time. Seeking Medical Attention Even if you appear to be in good health after a crash with the truck, it's vital to consult an expert in medical care as soon as you can. There are many people who suffer from whiplash symptoms for within a few days or weeks following an accident. It is possible to cause permanent injury if you don't take care of these signs and thereby limit the chance of getting compensation. Medical attention is also a way to ensure that your injuries are recorded in your medical records. This will prevent the trucking company, the driver or other at-fault parties from later claiming that your ailments were not connected to the accident. If you have medical insurance, be sure to provide this information to your providers to allow them to charge the policy in advance and later seek reimbursement from the person who is at fault or settlement. If you don't have insurance, our law firm is able to work with medical providers to delay billing or collection until after the resolution of your claim. After you have sought medical attention, it's essential to keep a record of your experiences. This will help you document 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. Remember that screaming, shouting or getting into a fight can hurt your case. Insurance adjusters from the truck driver's company or the trucking company will try to contact and record your testimony. It is recommended to politely decline these requests and refer the request to your attorney. It is also important to keep all appointments and follow-ups with your physician. This will help you recover quicker and will strengthen your claim for compensation. A jury will be more likely to accept a settlement offer if you have evidence of your medical condition. Documenting Your Injury Unless your injuries prohibit you from doing this, make sure you capture photos of the accident scene from multiple angles, and of the damages caused to both vehicles. This will help you prove who was at fault, and will also document your visible injuries. Additionally, it may be useful to write down everything you remember about the accident, including minor details. If medical assistance is available at the scene, make sure you and your fellow passengers receive a thorough examination. Even if you don't think you are injured, a doctor may detect injuries that do not appear until later and provide evidence of these invisible or delayed symptoms throughout your case. After you have been checked out in the hospital, make sure to request copies your medical records. This should be done directly with the medical professional rather than the insurance company being able to access your medical records. This will help protect your privacy and prevent an insurance company from utilizing your pre-existing health conditions against you during a claim dispute. Keep the journal of your experiences. This will be useful to you and your lawyer when it comes time to the calculation of your losses. Record every detail, including a throbbing headache, blurred vision, or sharp pains in your leg. Keep a log of these symptoms may help to support your claims for pain and suffering as well as loss of enjoyment life, and other compensation. Contact witnesses who witnessed the accident. Request their contact information and names so that your lawyer can later ask them to provide a statement. If you are unable to speak to them on the spot it is vital to scope out the area around where the accident took place and try to find witness statements later on. Gather any other records or documents that could be relevant to your claim for a truck accident, such as police reports and estimates for repairs to your vehicle or repairs, pay stubs for payments and medical records, in addition to 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. kansas city truck wreck lawyer may also be required to obtain certain kinds of documents from the company that you are working with, such as the DOT compliance records. Contacting an Attorney Each claim is unique. While many truck accident victims are able to settle their claims without going to court, every claim is unique. If an insurance company is unwilling to offer you a fair settlement, or if their offers are substantially less than the amount you'll need to cover your damages then it could be time to consider a lawsuit. There are a number of reasons why it is important to connect with a New York truck accident lawyer immediately after a crash. One of the most important is that it allows us to begin building your case while evidence is fresh. The longer you put off the decision to contact an attorney, the more difficult it will be to find crucial pieces of evidence, like witness statements. The memories of witnesses will fade and their statements will become suspect. An investigation into a truck-related accident is also much more thorough than a car accident. This is because truckers are required to have special commercial driver's licences that permit them to operate vehicles of a specific size and weight on most roads. Additionally, truckers and trucking companies are subject to numerous federal laws that must be followed. An experienced lawyer knows how to handle such an investigation. They will collect all evidence available including the blackbox data of the truck. When you seek compensation, it is important to include detailed documentation of your losses as well as the impact your injuries have had on your life. This information is used to calculate the total economic damages. This can include past, current and future expenses incurred as a result of the accident. For instance, you may seek compensation for medical expenses and lost income, property damage, and more. It's also important to remember that even what seems like an insignificant injury could result in long-term consequences. Therefore, you should always be examined by a doctor after any crash regardless of whether you feel hurt or not. If you get checked out and treated promptly, you can also prevent the possibility of future complications that can make it harder to collect compensation from injuries resulting from an accident.