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How to File a Truck Accident Claim Accidents with trucks can be devastating. They can cause serious injury, making it difficult to continue working or pay bills. Victims may seek damages from the at-fault party by filing an individual injury claim. However, the insurance company may refuse to negotiate a fair settlement. Your attorney at Buckingham Barrera Vega can help you determine whether you should pursue litigation. Identifying the party at fault Unlike standard vehicle crashes, truck accidents usually involve multiple at-fault parties. You may be able recover compensation from the driver of the truck as well as their employer as well as the company that loaded the vehicle, the manufacturer of truck parts or truck trucks, or even government agencies, based on the circumstances. It will require some time to determine the responsible parties, as they each have their own insurance policies. It is a mistake to contact the insurance companies or claim examiners for the other party after an accident. The defendants' defense lawyers will be seeking out any statement you make that they could use out of context or make up to weaken your case. Instead, focus your efforts on obtaining medical care and recording your injuries. It is essential to get an experienced truck accident lawyer involved in the early stages of the process to be able to handle all communication with the liable parties. In general the truck driver is at fault for an accident when they're negligent behind the steering wheel. This includes reckless driving such as speeding, driving while under the influence of alcohol or drugs. They can also be held accountable for an accident in the event that truckers fail to adhere to regulations governing trucking, like driving hours restrictions. Respondeat superior may hold the company that employs truck drivers accountable if they hire an incompetent or negligent person. It's also possible that a trucking company could be held accountable when they fail to supervise their drivers. The company that designed or sold the truck may also be liable for the flaws in the truck. The person who is in charge of relevant surveillance footage of the scene of the accident could also be liable. They may possess footage that documents the accident, like skids that occur outside of marked lanes or a damaged rail. They may also have videos that provides details about the crash including the truck's location at the time of the crash. Video evidence isn't easy to obtain, as the parties that control it don't keep it for long periods of time. Get Medical Attention Even if all seems well it is important to see the doctor as soon you can following a accident. People typically have symptoms of whiplash for weeks or days after an accident. You may cause permanent damage if you ignore these signs and thereby limit your ability to get compensation. Getting medical attention ensures that your injuries are fully documented in your medical records. This will prevent the truck driver, trucking company or another at-fault person from later claiming your symptoms are unrelated to the crash. If you have health insurance, be sure to disclose this information to your doctors to allow them to be able to bill your policy ahead of time and seek reimbursement from the at-fault party or from any settlement later. If you don't have insurance our law firm may work with medical providers to delay the collection of bills or invoices until after the claim is resolved. After receiving medical attention, we recommend keeping a journal or another simple documentation of your experiences and the effects your injuries have had on your life. suffolk truck wreck lawyer can help you recognize injuries related to accidents such as medical expenses, loss of income from working absences, and other losses. It is important to keep in mind that although it is normal to be upset or angry following a truck accident, yelling, screaming, or getting into arguments can damage your case. Insurance adjusters from the truck driver or a trucking company may try to contact you and record your statement. It is recommended to politely decline these requests and refer these requests to your attorney. It is also essential to follow your doctor's recommendations regarding treatment and keep track of your follow up appointments. This will allow you to recover quicker and help strengthen your claim for compensation. A jury will be more likely to accept a settlement offer if you have strong medical evidence. Documenting your injuries Photograph both the vehicles and the accident scene, from various angles. This will help determine who was responsible and will help you document your injuries visible. Additionally, it may be useful to write down everything you remember about the accident, including the smallest details. If medical assistance is available at the time of the incident, be certain to obtain an extensive evaluation for you and any other passengers. Even if there is no reason to believe you're injured, a doctor may detect injuries that do not be apparent until later and reveal the invisible or delayed symptoms throughout your case. After you've been examined at the hospital, make sure to request copies of your medical records. It is best to do this directly with the medical professional, not giving an insurance company permission to have access to your medical records. This will safeguard your privacy, and also prevent an insurance company from using your pre-existing condition against you in a dispute over a claim. In addition to your medical records, you should also keep a journal of your injury symptoms. This will assist you and your lawyer in calculating your damages. Keep track of every particular detail, like a throbbing headache, blurry vision, or a sharp pain in your leg. Keep a log of these symptoms can aid in supporting your claims for pain and suffering as well as loss of enjoyment life, and other compensation. If possible, speak with any witnesses who saw the incident. Ask for their names and contact information to enable your attorney to obtain their statements later on during the process. If you are unable to speak to them at the scene, it is important to scope out the area where the accident occurred and try to locate statements from witnesses later on. Take any other documents or records that could be relevant to your truck accident claim like police reports and estimates for repairs to your vehicle, pay stubs and medical records, along with an accident journal. These records can be used to prove your losses in the event that you are in dispute with the insurance company of the trucking firm. You may be required to subpoena the trucking company for specific kinds of documents, such as DOT records. Contacting a Lawyer Every claim is different. While many truck accident victims can settle their claims without going to court, every case is different. If you believe that the insurance company isn't being fair or their settlement offers are far less than what you require to pay for the damages you might want to consider filing a lawsuit. There are a variety of reasons to reach out to a New York truck accident lawyer as soon as you can after an accident. It allows us to develop your case while evidence is still fresh. The longer you delay contacting an attorney, the more difficult it will be to find crucial evidence like witness statements. The memories of witnesses will fade, and their statements will be questioned. A truck accident investigation is also much more thorough than a car accident. This is due to the fact that truckers are required to have special commercial driver's licences that permit them to drive vehicles of a particular weight and size on a majority of roads. Additionally, truckers and trucking companies are subject to numerous federal regulations that must be abided by. An experienced lawyer will know how to conduct an investigation of this kind and gather all available evidence including the truck's black box data. When you submit a claim for compensation, it is important to document in detail your losses as well as the impact your injuries have affected your life. This information will be used to calculate the total economic damages. This can comprise past, present and future expenses that are incurred in the aftermath of the accident. For instance, you could, seek compensation for medical costs loss of wages, medical expenses, or property damage. Remember that even a minor injury could have long-term effects. You should always see an expert doctor after any accident, regardless of whether you feel injured or not. If you get checked out and treated promptly it will also help prevent any complications that may make it more difficult to collect compensation from accident-related losses.