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How to File a Truck Accident Claim Truck accidents can be devastating. They can cause serious injury which can make it difficult to work or pay bills. A personal injury claim can be made by the victim to recover damages from the party at blame. However the insurance company could not agree to an equitable settlement. Your lawyer at Buckingham Barrera Vega can help you decide whether to pursue litigation. Identifying the party at fault Truck accidents are more complex than standard vehicle crashes. Often, there are multiple parties at fault. Depending on the circumstances you could be able to get compensation from the driver of the truck or their employer, a company that loaded the truck, the company that made the truck or parts, or even government agencies. It will require an extensive investigation to find all the responsible parties, as they all have their own insurance policies. It is a mistake to contact the insurance companies or claim examiners from the other party after an accident. The lawyers representing the defendants will be looking for any information you provide that they could use out of context or make up to weaken your case. You should instead focus your efforts on getting medical attention and documenting your injuries. At the beginning of the process, it's important to involve an experienced truck accident lawyer, who can handle all communication with responsible parties. In general, the truck driver is accountable for a collision when they exhibit negligent behavior behind the wheel. This includes reckless driving, for example, speeding or driving under the impaired by alcohol or drugs. They also could be liable for an accident if they fail comply with trucking regulations, for example, restrictions on hours of driving. Respondeat superior may be able to hold the company that employs the truck driver accountable if they hire an incompetent or negligent employee. It's also possible that a trucking company is accountable when they fail to supervise their employees. Also, the business that engineered or sold the truck may be held accountable if the truck was not properly designed from the beginning. The person who is in charge of relevant surveillance footage of the scene of the accident could also be liable. They might be able provide footage that demonstrates what caused your accident including skid marks that are outside clearly marked traffic lanes or damaged guardrail. They may also have videos that can provide details of the accident and the location of the truck at the time of the crash. However the video evidence might be difficult to locate because the parties in control of it don't store it for long. Get Medical Attention Even if everything seems fine, it's important to consult a doctor as soon as you can following a truck crash. It is normal for people to experience symptoms from injuries like whiplash in a few days or weeks after an accident. You could cause permanent damage if you ignore these signs and could limit your chances of receiving compensation. By seeking medical attention, you can ensure that your injuries are completely documented in your medical record. This will prevent the truck driver, trucking company, or any other at-fault party from later claiming that your ailments are unrelated to the crash. If you have health insurance, be sure to provide this information to your medical providers so they can charge your policy in advance and request reimbursement from the at-fault party or out of any settlement later. If you don't have insurance, our law firm is able to collaborate with medical professionals to delay collection or billing until after the claim is resolved. After you have received medical attention, we recommend keeping a journal or another simple record of your experience and the impact your injuries had on your life. This can help you to identify damage from an accident, including medical expenses, lost income due to work-related absences and other losses. Remember that yelling or screaming or engaging in an argument can damage your case. Insurance adjusters from the truck driver's company or the trucking company will try to contact and record your statement. It is best to politely decline and refer these requests to your attorney. It is also important to follow your doctor's recommendations for treatment and to keep all of your follow-up appointments. This will help you recuperate faster and increase the strength of your claim for compensation. A jury is more likely to accept the settlement offer if you have strong medical evidence. Documenting your injuries Take photos of both vehicles and the accident scene, from different angles. This will help prove who was at fault and can also be helpful in documenting your visible injuries. It may also be useful to record all the details you remember about the accident even if the injuries seem minor. If medical aid is available on the scene, ensure that you and any other passengers are examined thoroughly. Even if you do not believe you're hurt, a doctor can find injuries that may not show up until later on and reveal the hidden or delayed symptoms during your case. After you have been examined at the hospital, make sure to request copies of your medical records. This should be handled directly with the medical professional rather than giving your insurance company permission to see your medical records. This will protect your privacy, and also prevent an insurance company from using your condition against you in a claim dispute. In addition to your medical records, you should also keep a log of the symptoms you experience due to your injury. This will aid you and your lawyer when it comes to the calculation of your damages. Keep track of every particular detail, like a throbbing headache or blurred vision, or sharp pain in your leg. Keep a log of your symptoms. This will help in proving your claim for compensation, including the cost of suffering and pain, as well as loss of enjoyment of living. Talk to witnesses who were present at the time of the incident. Ask for their names and contact details so that your attorney can obtain their statements later on during the process. If you're unable to talk to them right away it's crucial to map out the surrounding area and search for witness statements later. It is essential to collect all other documents and records that pertain to your case of a truck accident for example, police reports, estimates for vehicle repairs as well as pay stubs medical records, as well as an accident journal. These records will help prove your loss in a dispute with the insurance carrier. You may also need to subpoena certain types of documents from the company that you are working with such as records for DOT compliance. Contacting an attorney Every claim is different. While many victims of truck accidents can settle their claims without having to go to court, each claim is unique. If an insurance company is unwilling to give you an acceptable settlement, or if their offers are far less than what you need to cover your damages It could be the right time to think about bringing a lawsuit. There are whittier truck accident law firm of reasons why it's essential to contact an New York truck crash lawyer immediately following an accident as soon as is possible. One of the most important is that it lets us begin to build your case while evidence is fresh. The longer you delay to speak with an attorney, the more difficult it will be to locate crucial evidence, including witness statements. Witnesses' memories will fade and their statements disappear from the record. In addition, the investigation process for truck accidents is more extensive than for a car crash. Truckers must have special commercial licenses which allow them to drive vehicles of a certain size and weight along most roads. Trucking companies and truckers are also subject to a range of federal regulations that must be adhered to. A skilled attorney knows how to handle an investigation. They will collect all evidence available, including the black-box data of the truck. When you make a claim for compensation, it is important to document in detail your losses and the impact your injuries have affected your life. This information will be used to calculate your total economic damages, which will be used to pay for past, present and future expenses that result as directly related to the crash. You can, for example claim compensation for medical costs as well as lost wages or property damage. It's also important to keep in mind that even what seems like an insignificant injury could result in long-term effects. Therefore, you should always have a check-up with a doctor following any accident regardless of whether you feel injured or not. A quick diagnosis and treatment will also help to prevent any complications from arising in the future which can make it difficult to obtain compensation for accident-related losses.