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How to File a Truck Accident Claim Accidents involving trucks can be catastrophic. They can cause serious injury which makes it difficult to continue working or pay bills. Victims can recover damages from the party at fault by filing an individual injury claim. However the insurance company could refuse to negotiate a fair 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. Most of the time, there are several parties to blame. Depending on the circumstances, you may be able recover compensation from the driver of the truck, their employer, a company that loaded the truck the company that manufactured the truck, or the truck's components, or even from government agencies. It will take some time to find all the responsible parties, as they each have different insurance policies. It is a mistake to call the insurance companies or claim examiners for the other party following an accident. The lawyers representing the defense of defendants are likely to take what you say out of context or distort and twist it in order to weaken your claim. Instead, focus your efforts on obtaining medical attention and documenting your injuries. houston truck accident attorney is crucial to have an experienced lawyer for truck accidents involved early in the process to ensure they are able to manage all communications with the parties at fault. In general the case, truck drivers are at the fault in an accident when they're negligent behind the steering wheel. This includes reckless driving, such as speeding or driving under the under the influence of alcohol or drugs. They may also be responsible for an accident if they fail to adhere to the rules of trucking, such as restrictions on the hours of operation. Respondeat superior may hold the company that employs a truck driver liable for hiring an incompetent or negligent person. It's also possible that the trucking company could be held accountable when they fail to supervise their employees. The company that developed or sold the truck could also be accountable for the flaws in the truck. A person who controls the relevant surveillance footage of the scene of the accident could also be liable. They may be able to provide footage that demonstrates the circumstances of your accident including skid marks that are outside marked traffic lanes or a damaged guardrail. They might also have video which can give details of the crash including the position of the truck at the time of the crash. Video evidence can be difficult to locate, since the parties who control the evidence do not keep it for long. Get Medical Attention Even if all seems well but it's still important to talk to the doctor as soon you can following a truck accident. People often feel whiplash-like symptoms for weeks or days after an accident. You could end up causing permanent damage if ignore these symptoms, and compromise your ability to get compensation. By seeking medical attention you can be sure that your injuries will be fully recorded in your medical records. This can stop the truck driver, the trucking company or another at-fault person from later claiming your symptoms are unrelated to the crash. If you have health insurance, make sure to give this information to your medical professionals to enable them to be able to bill your policy ahead of time and request reimbursement from the party at fault or out of any settlement later. If you don't have insurance, our law firm is able to collaborate with medical professionals to delay collection or billing until after the resolution of your claim. Once you have sought medical attention, it is crucial to keep a log of your experiences. This will help you keep track of your injuries as well as their impact on your life. This can help you recognize accident-related damages such as medical expenses, lost income from working absences and other losses. It is important to remember that, while it's natural to feel upset or angry after a truck accident, yelling, screaming, or engaging in argument can cause damage to your case. The trucking company's insurance adjusters are likely to try to contact you, and ask for a written statement, but it's best to politely refuse these requests and refer to your attorney. It is also important to keep all your appointments and follow-ups with the doctor. This will allow you to recover faster and strengthen your claim for compensation. A jury is more likely to accept any settlement offer if have a strong medical proof. Documenting your injuries Photograph both your vehicle and the scene of the accident from various angles. This will prove who was responsible as well as help you document your physical injuries. In addition, it could be useful to write down everything you remember about the crash, even small details. If medical aid is available on the scene, make sure you and any other passengers undergo a thorough exam. Even if there is no reason to think you are injured, a doctor may identify injuries that won't show up until later on and reveal the hidden or delayed symptoms during your case. Once you've been cleared at the hospital, be sure to request copies of your medical records. It is recommended to request this directly through your medical professional, instead of allowing an insurance provider to access your medical records. This will protect your privacy, and also prevent an insurance company from using your pre-existing health condition against you in a dispute over a claim. In addition to your medical documents, you should keep a diary of your injuries and symptoms. This will help you and your attorney when it comes to the calculation of your damages. Keep track of every detail, such as an aching headache, blurred vision, or sharp pains in your leg. Keep a log of these symptoms will help in proving your claims for pain and suffering and loss of enjoyment of life, and other damages. If possible, speak with witnesses who witnessed the incident. Request their names and contact details so that your attorney can ask them for a statement later on in the case. If you can't speak to them on the spot, it is important to look around areas around where the accident occurred and attempt to obtain witness statements later on. Take any other records or documents that may be relevant to your claim for a truck accident including police reports and estimates for vehicle repairs as well as pay stubs, medical records, in addition to 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. It is also possible to obtain certain kinds of documents from the trucking company such as DOT compliance records. Contacting an Attorney Each claim is unique. While many victims of truck accidents can settle their claims without having to go to court, each case is a unique. If an insurance company is unwilling to provide you with an acceptable settlement, or if their offers are substantially less than what you need to cover your damages then it could be time to think about bringing a lawsuit. There are many reasons why it's important to contact an New York truck crash lawyer as soon after an accident as soon as you can. This allows us to construct your case while evidence is still fresh. If you don't contact an attorney, the more difficult it will be to retrieve crucial evidence such as witness statements. Witnesses' memories will wane and their statements become less reliable. An investigation into a truck-related accident is also more thorough than an auto accident. This is because truckers are required to have special commercial driver's licences that permit them to drive vehicles of a specific weight and size on the majority of roadways. Additionally, truckers and trucking companies are subject to numerous federal regulations that must be abided by. A seasoned attorney will be able to handle this type of investigation and gather all evidence available like the black box on the truck. It is crucial to provide documentation of your loss and the impact of your injuries on your life when you file an insurance claim. This information is used to calculate total economic damages. These can comprise past, present and future expenses incurred in the aftermath of the accident. You could, for instance, seek compensation for medical expenses and lost wages as well as property damage. Be aware that even a minor injury may have long-term effects. Therefore, it is essential to have a check-up with a medical professional following any crash, whether you feel hurt or not. A quick diagnosis and treatment can prevent problems from arising in the near future that could make it difficult to recover compensation for your injuries resulting from accidents.