5 Qualities That People Are Looking For In Every Truck Accident Settlement
How to File a Truck Accident Claim
Accidents with trucks can be devastating. They can cause serious injury which makes it difficult for you to continue working or pay your bills.
Victims are able to seek damages from the party responsible for the accident by filing an individual injury claim. However the insurance company could not agree to an equitable settlement. Your attorney at Buckingham Barrera Vea can assist you decide whether or not to pursue litigation.
Identifying the At-Fault Party
Truck accidents are more complicated than normal vehicle crashes. Most of the time, there are several parties to blame. Depending on the circumstances you may be able to get compensation from the driver of the truck and their employer, the company who loaded the truck, the company that manufactured the truck or its parts, or even from government agencies. Finding all the responsible parties will require extensive investigation, as each one has different insurance policies and a variety of factors to consider.
While you may be tempted to speak with the insurance companies of the other party or claim examiners following your accident, it's a mistake. Defense lawyers for the defendants will be seeking out any statement you make that they can use in a different context or make up to weaken your case.
Instead, focus your efforts on seeking medical treatment and recording your injuries. When you are in the beginning of the process it's important to involve an experienced truck accident attorney who will manage all communication with the responsible parties.
In general, the driver of a truck is responsible for a collision when they engage in reckless conduct behind the driving. This includes reckless driving, such as speeding and driving under the influence of alcohol or drugs. They also could be liable for an accident if they don't comply with trucking regulations, for example, restrictions on hours of driving.
If the truck driver's employer is aware of hiring a negligent or incompetent driver, they could be held accountable under a legal law known as respondeat superior. It's also possible that the trucking company is responsible when they fail to supervise their drivers. The company that developed or sold the truck could also be accountable for the flaws in the truck.
A party who controls relevant surveillance footage of the scene could also be held responsible. They might be able provide footage that illustrates what caused your accident including skid marks in the middle of marked traffic lanes or a damaged guardrail. They might contain video footage that details the details of the incident, such as the position of the truck at the time of impact. However the video evidence could be difficult to obtain since the parties in control of the footage don't keep it long.
Seeking Medical Attention
Even if you seem to be fine after a collision with trucks, it is vital to consult an expert in medical care as soon as you can. It is normal for people to feel symptoms of whiplash or other injuries in a few days or weeks after an accident. If you don't take note of these symptoms you could cause permanent damage and potentially jeopardizing your chances of receiving compensation.

If you seek medical attention, you can be sure that your injuries will be completely recorded in your medical records. This will prevent the trucking company, trucker or other at-fault parties from claiming later that your symptoms weren't directly related to the incident.
If you are covered by health insurance, make certain to provide this information to your medical providers to enable them to bill your policy upfront and request reimbursement from the party at fault or from any settlement later. If you don't have insurance, our law firm can often work with medical providers to delay the collection of bills or invoices until after your claim has been resolved.
After receiving medical attention, we suggest keeping a diary or other simple record of your experience and the effects your injuries have had on your life. This can help you identify damage from an accident, including medical costs, lost income because of work absences and other losses.
It is important to keep in mind that while it may be normal to be upset or angry after a truck accident, shouting or screaming or getting into arguments can damage your case. The truck driver's insurance adjusters or the trucking company's insurance adjusters may attempt to contact you and ask for a written statement, but it is recommended to decline these requests and forward them to your attorney.
It is also important to follow your doctor's instructions for treatment and to keep all of your follow up appointments. This will help you recover quicker and will strengthen your claim for compensation. Evidence of a strong medical basis for your injuries can aid jurors to appreciate how serious and significant your losses are. This will increase the odds that you will be able to get a fair settlement offer from the trucking company or another at-fault party.
Documenting Your Injuries
Unless your injuries prevent you from doing this, make sure to capture pictures of the scene of the accident from multiple angles, and of the damage that was caused to both vehicles. This will help prove who was responsible, and it will also be helpful for capturing the visible injuries. It could also be helpful to note down all the details you can remember about the accident even if they appear minor.
If medical assistance is available at the time of the accident, make sure to receive an in-depth evaluation of yourself and the other passengers. Even if you don't believe you're hurt, a medical professional may identify injuries that won't manifest until later and can be a source of evidence.
After you have been checked out in the hospital, make sure you request copies of your medical records. This is best handled directly with the medical professional, rather than allowing your insurance company to see your medical records. This will protect your privacy and stop an insurance company from using your pre-existing condition against you in a claim dispute.
In addition to your medical records, you should also keep a journal of your injuries and symptoms. This will help you and your lawyer when it comes to calculating your damages. Make sure to record every single detail, such as a throbbing headache or blurred vision, or sharp pain in your leg. Keep a log of your symptoms. This can help you to support your claim for compensation, including pain and suffering and loss of enjoyment of life.
If possible, talk to any witnesses who saw the incident. Request their names and contact details so that your lawyer can get them to give a statement later on in the case. If you aren't able to speak with them immediately it's crucial to map out the area around you and search for witness statements later.
Take any other documents or records that may be relevant to your claim for a truck accident including police reports and estimates for repairs to your vehicle or repairs, pay stubs for payments and medical records, as well as an accident journal. This information can be used to prove your losses if you are in dispute with the insurance company of the trucking firm. It is possible to subpoena the trucking company for specific types of records, including 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 isn't being fair or their settlement offers are lower than what you need to cover the damage You may want to consider filing a lawsuit.
There are a variety of reasons to get in touch with an New York truck accident lawyer as soon as possible after an accident. One of the most important is that it lets us begin constructing your case while evidence remains fresh. The longer you put off the decision to get in touch with an attorney the more difficult it will be to retrieve crucial pieces of evidence, including witness statements. The memories of witnesses will fade and their statements become unreliable.
Additionally, jackson truck accident lawyer for truck accidents is more extensive than a car crash. Truckers must have special commercial licenses which allow them to drive vehicles that are a specific size and weight along the majority of roads. Additionally, truckers and trucking companies are subject to numerous federal regulations that must be adhered to. An experienced lawyer knows how to conduct an investigation. They will collect all the available evidence including the black box data of the truck.
When you file a claim for compensation, it's important to provide detailed documentation of your losses as well as the impact your injuries have had on your life. This information is used to calculate your economic damages, which could 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, lost wages, or property damage.
Be aware that even a minor injury could have long-term effects. It is recommended that you see an experienced doctor following any accident, regardless of whether you feel injured or not. If you get checked out and treated promptly, you can also prevent any future issues that could make it harder to get compensation from your injuries resulting from an accident.