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How to File a Truck Accident Claim Accidents involving trucks can be catastrophic. They can result in serious injuries which make it difficult to continue working and pay bills. A personal injury claim can be filed by victims to recover damages from the party who was at blame. However, the insurance company may refuse to negotiate an equitable settlement. Your lawyer at Buckingham Barrera Vega can assist you decide if you should pursue litigation. Identifying the At-Fault Party The nature of truck accidents is more complicated than standard vehicle crashes. There are often multiple parties to blame. You may be able recover compensation from the driver of the truck or their employer and the company that loaded the vehicle, the manufacturer of truck parts or truck trucks, or even government agencies, based on the circumstances. It will take some time to find all the accountable parties, since they all have different insurance policies. It is a mistake to call the insurance companies or claim examiners of the opposing party following an accident. The lawyers representing the defendants will be looking for any information you provide that they can use out of context or twist and distort to weaken your case. You should instead focus your efforts on getting medical attention and recording your injuries. In the early stages of the process it is essential to consult an experienced truck accident attorney who will handle all communication with responsible parties. In general the truck driver is at blame for an accident if they're negligent behind the steering wheel. This includes reckless driving such as speeding or driving under the influence of alcohol or drugs. They can also be held accountable for an accident in the event that truckers do not adhere to the rules of trucking, for example, limits on hours of operation. If the employer of the truck driver is aware of hiring an incompetent or negligent driver it could be held accountable under a legal law known as respondeat superior. The trucking company can also be held liable if the company does not adequately supervise its employees. The company that developed or sold the truck could also be accountable for the flaws in the truck. Furthermore, any person in control of relevant surveillance footage that was captured at the accident scene may be held accountable. They may possess footage that documents the accident, like skids outside of marked lanes or damaged rails. They may also have videos that can provide details of the crash including the position of the truck at the time of the accident. Video evidence isn't easy to find, as the parties that control it do not store it for a long time. Seeking Medical Attention Even if everything seems to be fine however, it's crucial to speak with the doctor as soon you can after a truck accident. People typically have symptoms of whiplash for in the days or weeks following an accident. If you don't take note of these symptoms it could result in permanent damage, and possibly affecting the chance of receiving compensation. When you seek medical attention, you can ensure that your injuries are completely documented in your medical record. This will stop the trucker, trucking company or other at-fault parties from claiming later that your symptoms were not related to the accident. If you have medical insurance, be sure to disclose the information to your insurance provider so that they can be able to bill the policy up front and later seek reimbursement from the person at fault or settlement. If you don't have insurance, we can often work with the medical providers to defer billing or collection until after the claim has been resolved. Once you have received medical attention, we recommend keeping a diary or other simple record of your experience and the impact your injuries had on your life. This will help you to identify accident-related damages such as medical expenses, lost income from working absences and other losses. It is important to remember that while it may be natural to feel upset or angry following a car accident, yelling or screaming or getting into arguments can harm 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 the request to your attorney. You should also remember all your appointments and follow-ups with your physician. This will help you recuperate faster and increase the strength of your claim for compensation. The presence of medical evidence that is strong and convincing about your injuries can make it easier for jurors to see the severity and significance of your losses are. It also will increase the odds that you will be able to receive an equitable settlement from the trucking company or any other at-fault party. Documenting your injuries Unless your injuries prohibit you from doing so, make sure you capture photos of the scene from a variety of angles and also of the damage to both vehicles. This will help you determine who is at fault and will also document the visible injuries. It may also be useful to write down all the details you remember about the accident even if the injuries seem minor. If medical aid is available on the scene, make sure you and any other passengers receive a thorough examination. Even if it isn't clear that you think you are hurt, a doctor can detect injuries that do not show up until later on and can reveal the concealed or delayed symptoms in your case. Once you are checked out at the hospital, be sure to request copies of your medical records. It is best to do this directly with the medical provider, rather than permitting an insurance company to have access to your medical records. This will ensure your privacy, and also prevent an insurance company from using your pre-existing medical condition against you in a dispute over a claim. You should also keep a diary of your symptoms. This will be helpful to you and your lawyer when it comes to calculating your losses. Record every detail, including a throbbing headache blurred vision, sharp pains in your leg. Keep a log of your symptoms. This will help support your claim for compensation, which could include the cost of suffering and pain, as well as loss of enjoyment of living. Speak to any witnesses that were present at the scene of the accident. Ask for their contact information and names so that your lawyer could later have them give an account. If you aren't able to speak with them right away It's essential to check out the area around you and search for witness statements later. It is essential to collect any other documents and records that pertain to your truck accident case, such as police reports, vehicle repair estimates as well as pay stubs medical records, 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 have to ask the trucking company to produce certain types of records, like DOT records. Contacting an Attorney While many truck accident victims can settle their claims without needing to take their case to court, each case is different. If you believe that an insurance company is not being fair or their settlement offers are less than you need to cover the damages You may want to consider making a claim. There are many reasons to connect with a New York truck accident lawyer as soon as possible after an accident. It allows us to build your case while evidence is still fresh. The longer you are waiting to speak with an attorney, the more difficult it will be to retrieve important evidence, like witness statements. Witnesses' memories fade, and their statements will disappear from the record. In addition the investigation process for truck accidents is more extensive than for a car crash. Truckers require special commercial licenses that allow them to drive vehicles with a certain size and weight along the majority of roads. In addition trucking companies and truckers are subject to a variety of federal regulations that must be followed. An experienced lawyer knows how to handle such an investigation and will collect all the evidence that is available including the black box information of the truck. It is important that you provide documentation of your loss and the impact of your injuries on your life when you file the claim for compensation. The information you provide will be used to calculate your total economic damages, which can be used to cover present, past and future expenses that result as directly caused by the accident. For clearwater truck accident law firm , you can claim compensation for medical costs as well as lost income, property damage, and more. Be aware that even a minor injury can have long-term effects. Therefore, it's important to have a check-up with an expert doctor following any accident regardless of whether you are hurt or not. Getting diagnosed and treated immediately will also help prevent complications from arising later on that could make it difficult to claim compensation for injuries from an accident.