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How to File a Truck Accident Claim Accidents with trucks can be devastating. They can cause serious injury and make it difficult to continue working or pay your bills. A personal injury claim may be filed by victims to seek damages from the party at blame. However, the insurance company may refuse to negotiate a fair settlement. Your lawyer at Buckingham Barrera Vea can assist you determine whether or not to pursue litigation. Identifying the At-Fault Party In contrast to normal car crashes, truck accidents typically involve multiple at-fault parties. You could be able to recover compensation from the driver of the truck as well as their employer or the company which loaded the vehicle, the manufacturer of truck or truck parts or even government agencies, based on the circumstances. It will require a lot of investigation to determine the responsible parties, as they all have their own insurance policies. It is a mistake to contact the insurance companies or claim examiners of the other party following an accident. The defense lawyers of the defendants will seek to take what you say in a different context or twist and distort it to undermine your claim. You should instead focus your efforts on obtaining medical treatment and documenting your injuries. It is crucial to have an experienced lawyer for truck accidents involved early in the process, so that they can handle all communications with parties at fault. In general the case, truck drivers are at the fault of an accident if they are negligent behind the wheel. This includes reckless driving, such as speeding or driving under the under the influence of alcohol or drugs. They also could be liable for an accident if they don't adhere to the rules of trucking, such as restrictions on hours of driving. Respondeat superior could make the employer of truck drivers accountable for hiring an incompetent or negligent person. It is also possible that the trucking company is responsible for failing to properly supervise their drivers. The company who designed or sold the truck could also be accountable for the flaws in the truck. The person who is in charge of relevant surveillance footage of the scene could also be held liable. They might be able to provide footage that shows the circumstances of your accident including skid marks that are outside designated traffic lanes or a damaged guardrail. They may also have video which can give details of the accident and the location of the truck at the time of the crash. Video evidence can be difficult to obtain, as the parties who control it do not store it for a long time. Get Medical Attention Even if all seems well it is important to see the doctor as soon you can following a accident. There are many people who suffer from whiplash symptoms for within a few days or weeks following an accident. If you do not take care to address these symptoms it could result in permanent damage and could affect the chance of receiving compensation. Getting medical attention ensures that your injuries are recorded in your medical records. This will prevent the trucker, trucking company or other at-fault parties from claiming later that your symptoms weren't connected to the accident. If you are covered by health insurance, make sure to provide this information to your doctors to allow them to invoice your policy on a timely basis and request reimbursement from the at-fault party or out of any settlement later. If you don't have insurance, we can often work with the medical providers to defer billing or collection until after your claim has been resolved. After receiving medical attention, we recommend keeping a diary or other simple records of your experiences and the effects your injuries have had on your life. This will help you to identify accident-related damages such as medical expenses, income loss due to work absence and other losses. It is crucial to remember that although it is natural to feel upset or angry after a truck accident, shouting or screaming or engaging in arguments could damage your case. Insurance adjusters from the truck driver or a trucking firm will attempt to contact and record your testimony. It is recommended to politely decline these requests and refer your attorney. You should also remember all appointments and follow-ups with your physician. This will help you recover faster and make it easier to claim settlement for the full range of your injuries. Having simi valley truck accident attorney of your injuries will help a jury to understand the severity and significance of your losses are. It also will increase the chances that you will be able to obtain a fair settlement offer from the trucking firm or other at-fault party. Documenting your injuries Unless you are unable due to injuries from doing so, be sure to take pictures of the accident scene from a variety of angles and also of the damages caused to both vehicles. This will prove who was at fault and will be helpful in documenting your injuries visible. In addition, it could be useful to note everything you remember about the accident, including minor details. If medical assistance is available at the scene of the incident, be sure to get an extensive evaluation for you and any other passengers. Even if you don't think you're injured, a medical professional can identify injuries that won't manifest until later and can prove your case. After you've been checked out in the hospital, be sure you request copies of your medical records. It is recommended to request this directly with the medical professional, not allowing an insurance company access to your medical records. This will help ensure your privacy and stop an insurer from using your existing medical conditions against you in a dispute. You should also keep your notes of your symptoms. This will be useful to you and your lawyer when it comes time for making calculations of your losses. Keep track of every detail, such as a throbbing headache blurred vision, sharp pains in your leg. Keep a diary to record your symptoms. This will help to prove your claim for compensation, which includes pain and suffering and loss of enjoyment of living. Speak to any witnesses that were present at the time of the incident. Get their contact details and names so that your lawyer could later ask them to provide a statement. If you are not able to talk to them at the scene, it is important to investigate the area around the place where the accident occurred and try to find witness statements later on. Find any other documents or records that could 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, and an accident journal. This information can be used to prove your losses in the event that you have a dispute with the insurance company of the trucking firm. It is also possible to obtain certain kinds of documents from the company that you are working with like documents that are DOT compliant. Contacting a Lawyer Although many victims of truck accidents are able to settle their claims without needing to take their case to court, every case is different. If you feel that the insurance company isn't being fair or their settlement offers are lower than what you need to pay for the damages You may want to consider filing a lawsuit. There are numerous reasons why it is important to connect with an New York truck accident lawyer as soon as you can after a crash. One of the most important is that it lets us begin constructing your case while evidence remains fresh. If you don't contact an attorney, the more difficult it will be to locate important evidence, like witness statements. Witnesses' memories fade, and their statements will disappear from the record. A truck accident investigation is also much more thorough than a car accident. Truckers need special commercial licenses that allow them to drive vehicles with a certain size and weight on most roads. Additionally, truckers and trucking companies are subject to numerous federal laws that must be followed. An experienced attorney will know how to deal with this type of investigation and gather all available evidence like the black box on the truck. If you file a claim for compensation, it's important to provide a detailed account of your losses and the impact your injuries have affected your life. This information will be used to calculate the total economic damages. This can include past, current and future expenses that are incurred as a result of the accident. For instance, you may get compensation for medical expenses loss of wages, property damage and more. It is important to keep in mind that even an insignificant injury could result in long-term effects. Therefore, you should always have a check-up with an expert doctor following any accident regardless of whether you feel injured or not. If you get checked out and treated promptly to avoid any future issues that could make it harder to get compensation from your injuries resulting from an accident.