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How to File a Truck Accident Claim Truck accidents can be traumatic. They can result in serious injuries, making it difficult to continue working and paying bills. Victims may seek damages from the responsible party by filing a personal injury claim. The insurance company may not be willing to reach a fair deal. Your lawyer at Buckingham Barrera Vega can help you determine whether you should pursue litigation. Identifying the At Fault Party Truck accidents are more complex than normal vehicle crashes. In most cases, there are multiple parties to blame. Based on mckinney truck accident law firm , you may be able recover compensation from the driver of the truck and their employer, the company which loaded the truck, the company that manufactured the truck, or the truck's parts, or even government agencies. Finding all the responsible parties will require extensive research, as each one has different insurance policies and a variety of factors to take into consideration. Although you might be enticed to speak with the other party's insurance companies or claim examiners following the accident, it's not the best idea. The lawyers representing the defendants are likely to use any information you provide in a different context or distort and twist it in order to weaken your claim. Instead, focus your efforts on obtaining medical treatment and recording your injuries. In the early stages of the process it is important to contact an experienced lawyer for truck accidents, who can handle all communication with responsible parties. In general the case, truck drivers are at fault for an accident when they're negligent behind the steering wheel. This includes reckless driving, for example, speeding or driving under the impaired by alcohol or drugs. They could also be held responsible for an accident if the truckers fail to adhere to the rules of trucking, for example, driving hours restrictions. If the company that employs the truck driver decides to employ an incompetent or negligent driver, they could be held accountable under a legal doctrine called respondeat superior. It's also possible that a trucking company is accountable in the event that they fail to properly supervise their drivers. The company that created or sold the truck may also be liable for the flaws in the truck. Additionally, any parties that control relevant surveillance footage which captured the scene of the accident could be liable. They might be able to show footage of what caused your accident, such as skid marks in the middle 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. However the video evidence may be difficult to access because the parties responsible for the footage don't keep it long. Get Medical Attention Even if it appears that you are in good shape after a crash with an automobile, it's vital to consult a doctor as soon as you can. It is common for people to experience the symptoms of whiplash or other injuries in a few days or weeks after an accident. You could cause permanent damage if ignore these symptoms and jeopardize your chances of obtaining compensation. Seeking medical attention also ensures that your injuries are fully recorded in your medical records. This could prevent the truck driver, trucking company or another at-fault person from later claiming your symptoms are not connected to the crash. If you are covered by health insurance, make certain to provide this information to your doctors to enable them to bill your policy upfront and seek reimbursement from the at-fault party or from any settlement later. If you do not have insurance, we can often work with the medical providers to delay the collection of bills or billing until after your claim has been completed. Once you have received medical attention, we suggest keeping a journal or another basic records of your experiences and the impact your injuries have had on your life. This will help you determine the damages that are a result of accidents, including medical expenses, loss of income due to work absence, and other losses. Be aware that shouting or screaming or getting into an argument could damage your case. Insurance adjusters from the truck driver's or trucking company may try to contact you and record your account. It is best to politely decline these requests and refer your attorney. It is also crucial to follow your doctor's advice for treatment and keep all of your follow up appointments. This can help you recover faster and strengthen your claims for settlement for the full range of your injuries. A strong medical proof of your injuries will make it easier for jurors to see how serious and significant your losses are. It will increase the odds that you'll be able get a fair settlement offer from the trucking company or any other at-fault party. Documenting your injuries Unless you are unable due to injuries from doing this, make sure to take pictures of the scene from multiple angles, and of the damage to both vehicles. This will prove who was at fault as well as be helpful in documenting your injuries visible. In addition, it could be useful to note everything you remember about the crash, including minor details. If medical assistance is available at the time of the incident, be sure to receive a thorough evaluation for you and any other passengers. Even if it's not clear that you're hurt, a medical professional may find injuries that don't appear until later and provide evidence in your case. After you have been discharged at the hospital, make sure to request copies of your medical records. It is recommended to request this directly through your medical provider, rather than allowing an insurance company access to your medical records. This will help to ensure your privacy and stop the insurer from using your pre-existing conditions against you during a claim dispute. In addition to your medical records, it is also advisable to keep a record of your injuries and symptoms. This will be helpful to you and your lawyer when it comes time to making a calculation of your losses. Keep track of every detail, such as an aching 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 damages. Speak to any witnesses that were present at the time of the incident. Request their contact information and names so that your lawyer could later ask them to provide the statement. If you are unable to speak to them at the scene it is vital to examine areas around where the accident occurred and attempt to locate witness statements later on. It is essential to collect any other documents and records that are relevant to your case of a truck accident like police reports, estimates for repairs to vehicles, pay stubs and medical records as well as an accident journal. This information can be used to prove your losses if you have a dispute with the insurance company of the trucking company. You may also have to obtain certain kinds of records from the trucking company like documents that are DOT compliant. Contacting an attorney Every claim is unique. While many victims of truck accidents can settle their claims without going to court, each case is unique. If you feel that the insurance company isn't being fair or their settlement offers are less than what you require to cover the damages You may want to consider filing a lawsuit. There are many reasons to connect with an New York truck accident lawyer as soon as you can after the incident. It allows us to develop your case while evidence is still in its initial stages. The longer you wait to contact an attorney, the harder it will be to get important pieces of evidence like witness statements. The memories of witnesses will fade, and their statements will be questioned. An investigation into a truck-related accident is also more thorough than a car accident. This is because truckers are required to have special commercial driver's licences that permit them to drive vehicles of a particular weight and size on most roadways. Trucking companies and truckers are also subject to a variety of federal regulations which must be adhered to. An experienced lawyer can handle this type of investigation and collect all evidence, such as the truck's black box data. When you make a claim for compensation, it is important to provide detailed documentation of your losses and the impact your injuries have affected your life. This information is used to calculate the total economic damages. These could include past, current and future expenses incurred due to the accident. You could, for instance seek compensation for medical expenses loss of wages, medical expenses, or property damage. It is also important to remember that even what seems like a minor injury could have long-term consequences. Therefore, it's important to get checked out by a doctor after any crash regardless of whether you feel injured or not. A quick diagnosis and treatment can also prevent any complications from arising in the near future which can make it difficult to obtain compensation for injuries from an accident.