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How to File a Truck Accident Claim Accidents involving trucks can be catastrophic. They can cause serious injuries, making it difficult to work as well as pay bills. A personal injury claim can be brought by victims to recover damages from the party at fault. However, the insurance company may refuse to negotiate an equitable settlement. Your attorney at Buckingham Barrera Vega can assist you decide if you should pursue litigation. Identifying the At Fault Party Truck accidents are more complex than typical vehicle crashes. Most of the time, there are multiple parties at fault. Depending on the circumstances, you could be able to obtain compensation from the owner of the truck and their employer, the company that loaded the truck the company that made the truck, or the truck's parts, and even government agencies. Identifying all the liable parties requires a lot of investigation because each of them has their own insurance policies and a variety of factors to consider. If you are tempted to speak with the other party's insurance companies or claim examiners following an accident, it's not the best idea. The lawyers representing the defense of defendants will try to use anything you say out of context or distort and twist it in order to undermine your claim. You should instead concentrate your efforts on getting medical care and recording your injuries. When you are in the beginning of the process it is essential to consult an experienced truck accident lawyer who will handle all communication with responsible parties. In general the case, truck drivers are at fault for an accident when they are negligent behind the wheel. This includes reckless driving such as speeding, driving under the influence of drugs or alcohol. They may also be held accountable for an accident if truckers do not abide by trucking regulations, such as limits on hours of operation. Respondeat superior may have the company that employs a truck driver liable in the event that they hire an incompetent or negligent employee. The trucking company may also be held responsible if it isn't able to adequately supervise its drivers. The company that developed or sold the truck may also be responsible for its flaws. A party who controls relevant surveillance footage of the scene could also be held responsible. They may be able to provide footage that illustrates what caused your accident like skid marks in the middle of designated traffic lanes or a damaged guardrail. They may also have video that will provide information about the crash and the location of the truck at the time of the accident. However, the video evidence can be difficult to obtain because the parties who control the video don't keep it for long. Getting Medical Attention Even if you appear fine after a collision with the truck, it's vital to consult an experienced medical professional as quickly as possible. Many people feel whiplash-like symptoms for days or weeks after an accident. If you fail to recognize these signs you could cause permanent damage and potentially jeopardizing your chance of receiving compensation. Seeking medical attention also ensures that your injuries are fully recorded in your medical records. This will stop the trucking company, the trucker, or other at-fault parties from claiming that your symptoms were not directly related to the incident. If you have medical insurance, make sure you provide the information to your insurance provider to allow them to invoice the policy in advance and later seek reimbursement from the at-fault person or settlement. If you don't have insurance, we will often work with the medical providers to defer billing or collection until after your claim is settled. Once you have received medical attention, we recommend keeping a diary or other simple documentation of your experiences and the impact your injuries have had on your life. This can help you to identify accident damages such as medical expenses, income loss because of work absences and other losses. Remember that yelling or screaming or engaging in a heated argument can damage your case. Insurance adjusters from the truck driver or a trucking company may try to contact you and take a note of your statements. It is recommended to politely decline and refer the request to your attorney. You should also remember all appointments and follow-ups with your doctor. This will help you recover faster and strengthen your claim for compensation. erie truck accident law firm of a strong medical basis for your injuries will make it easier for jurors to appreciate the severity and significance of your losses are. It will increase the odds that you will be able get an equitable settlement from the trucking company or another at-fault party. Documenting Your Injuries Take pictures of both vehicles and the accident scene, from various angles. This will help you prove who is at fault and will also document 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 on the scene, ensure that you and your fellow passengers are examined thoroughly. Even if you do not think you're hurt, a medical professional may find injuries that don't be evident until later, and give evidence in your case. After you have been checked out in the hospital, make sure to request copies of your medical records. This is best done directly with the medical professional rather than permitting your insurance company to see your medical records. This will safeguard your privacy, and 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 journal of the symptoms you experience due to your injury. This will be useful to you and your lawyer when it comes time for making calculations of your losses. Note every detail, including an aching headache blurred vision, sharp pains in your leg. Keeping a journal of these symptoms can help support your claims for pain and suffering as well as loss of enjoyment life, and other damages. If possible, speak with any witnesses who saw the incident. Request their contact information and names so that your lawyer could later ask them to provide a statement. If you are unable to speak to them at the scene it is essential to investigate areas around where the accident occurred and attempt to locate witness statements later on. Find any other documents or records that may be relevant to your claim for a truck accident for example, police reports and estimates for repairs to your vehicle as well as pay stubs, medical records, in addition to 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 firm. It is possible to subpoena the trucking firm for certain kinds of documents, such as DOT records. Contacting a Lawyer Every claim is different. While many truck accident victims are able to settle their claims without going to court, every case is different. If you feel that the insurance company isn't being fair or their settlement offers are significantly lower than what you need to pay for the damages You may want to consider filing a lawsuit. There are a number of reasons to get in touch with an New York truck accident lawyer immediately following a crash. It allows us to develop your case while evidence is still fresh. The longer you wait to get in touch with an attorney the more difficult it will be to retrieve important evidence, including witness statements. Witnesses' memories fade and their statements become less reliable. An investigation into a truck-related accident is also more thorough than an auto accident. This is due to the fact that truckers are required to have special commercial driver's licenses, which permit them to drive vehicles of a specific weight and size on a majority of roads. Truckers and trucking firms are also subject to a number of federal regulations which must be adhered to. An experienced lawyer is able to handle such an investigation and will collect all the evidence that is available including the black box data of the truck. It is vital to include a written record of your losses and the impact of your injuries on your life when you file an insurance claim. This information will be used to calculate your economic damages, which will cover past, present and future expenses that result as directly related to the accident. You could, for instance you can seek compensation for medical costs and lost wages as well as property damage. It's also important to remember that even what seems like a minor injury could have long-term consequences. You should always see a doctor after any accident, no matter whether you feel injured or not. Being diagnosed and treated promptly can also prevent any complications from arising in the future that might make it harder to obtain compensation for injuries from an accident.