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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 paying bills. Victims are able to seek damages from the responsible party by filing a personal injury claim. However, the insurance company may not agree to an equitable settlement. Your attorney at Buckingham Barrera Vega can help you decide whether or not to pursue litigation. Identifying west virginia truck wreck lawyer In contrast to normal car crashes, truck accidents typically involve multiple at-fault parties. You may be able recover compensation from the truck driver as well as their employer and the company which loaded the vehicle, the manufacturer of truck or truck parts or even government agencies, based on the circumstances. Identifying all the liable parties will require extensive investigation, as each one has different insurance policies and a variety of factors to take into consideration. It is a mistake to call the insurance companies or claim examiners from the other party after an accident. The lawyers representing the defendants are likely to take what you say out of context or to twist and distort it in order to undermine your claim. You should instead concentrate your efforts on obtaining medical care and documenting your injuries. It is essential to get an experienced truck accident lawyer involved in the early stages of the process so that they can handle all communication with the responsible parties. In general, the truck driver is the one responsible for causing a collision when they engage in reckless conduct behind the wheel. This includes reckless driving, for example, speeding or driving under the influence of drugs or alcohol. They may also be held accountable for an accident when truckers do not abide by trucking regulations, such as the restrictions on driving hours. If the company that employs the truck driver chooses to hire a driver who is incompetent or negligent and they are held liable under a legal doctrine known as respondeat superior. The trucking company can also be held accountable if it does not adequately supervise its drivers. 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 might be able provide footage that demonstrates how the accident occurred in the form of skid marks in the middle of the marked traffic lanes, or a damaged guardrail. They may have video footage that shows the details of the incident like the location of the truck at the time of impact. However the video evidence could be difficult to obtain since the people who are in charge of the footage don't keep it long. In need of medical attention Even if you seem to be fine after a collision with trucks, it is crucial to see a medical professional as soon as you can. Many people feel whiplash-like symptoms for days or weeks after an accident. If you do not take care to address these symptoms you could cause permanent damage, and possibly affecting your chances of receiving compensation. By seeking medical attention you can be sure that your injuries are completely recorded in your medical records. This can stop the truck driver, the trucking company, or any other at-fault party from later claiming your symptoms are unrelated to the crash. If you have medical insurance, be sure to disclose the details to your insurers so that they can bill the policy upfront and later seek reimbursement from the at-fault person or settlement. If you do not have insurance, we often work with the medical providers to defer billing or collection until after your claim is settled. After seeking medical attention, it is essential to keep a record of your experiences. This will allow you to record your injuries and their impact on your life. This will help you to identify injuries related to accidents such as medical expenses, loss of income from missing work and other losses. It is important to keep in mind that although it is normal to feel upset or angry following a car accident, shouting or screaming, or getting into arguments can cause damage to your case. The truck driver's or the trucking company's insurance adjusters are likely to attempt to contact you, and ask for a recorded statement, however it is best to politely refuse these requests and refer to your attorney. It is also important to follow your doctor's advice for treatment and to keep all of your follow up appointments. 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 evidence of your medical condition. Documenting Your Injuries Take pictures of both vehicles and the scene of the accident from different angles. This will allow you to prove who was at fault and also record your visible injuries. It could also be helpful to record all the details you remember about the accident even if they appear minor. If medical aid is available on the scene, make sure you and the other passengers undergo a thorough exam. Even if you do not think you're injured, a medical professional may identify injuries that won't be evident until later, and provide evidence in your case. After you've been examined in the hospital, make sure you request copies of your medical records. This should be done in conjunction with the medical provider, not giving your insurance company permission to see your medical records. This will help ensure your privacy and stop an insurance company from using your pre-existing medical conditions against you in a dispute. You should also keep your notes of your symptoms. This will assist you and your lawyer when the calculation of your damages. Keep track of every detail, such as a throbbing headache, blurred vision, or sharp pains in your leg. Keep a diary to record your symptoms. This can help you to prove your claim for compensation, including suffering and suffering as well as loss of enjoyment. Talk to witnesses who were present at the time of the incident. Ask for their names and contact information so that your lawyer can get them to give a statement later on in the case. If you're not able to speak to them on the spot it's crucial to map out the area around you and search for witnesses' statements later. Take any other records or documents that could be relevant to your truck accident claim, such as police reports and estimates for repairs to your vehicle as well as pay stubs, medical records, along with an accident journal. This information can be used to prove your losses if you are in dispute with the insurance firm of the trucking business. You may need to subpoena the trucking company to produce certain types of records, like DOT records. Contacting an attorney While many victims of accidents involving trucks are able to settle their claims without needing to take their case to court, each case is unique. If an insurance company is unwilling to give you a fair settlement, or if their offers are substantially lower than what you'll need to cover your damages It could be the right the right time to think about filing a lawsuit. There are numerous reasons why it is important to get in touch with an New York truck accident lawyer as soon as possible after an accident. It helps us build your case while the evidence is still in its initial stages. The longer you wait to reach out to an attorney the more difficult it will be to locate crucial pieces of evidence, such as witness statements. The memories of witnesses will fade, and their statements become unreliable. A truck accident investigation is also much more thorough than an auto accident. This is because truckers are required to possess special commercial driver's licenses which allow them to drive vehicles of a certain weight and size on most roadways. Truckers and trucking firms are also subject to a variety of federal regulations which must be followed. An experienced lawyer is able to handle an investigation and will collect all the available evidence including the blackbox data of the truck. If you seek compensation, it's important to document in detail your losses and the effect your injuries have had on your life. This information is used to calculate the total economic damages. This could include both current and past future expenses that are incurred as a result of the accident. You can, for example claim compensation for medical costs as well as lost wages or property damage. Remember that even a minor injury could cause long-term consequences. You should always consult a doctor after any accident, no matter whether you feel injured or not. A quick diagnosis and treatment will also help to prevent any complications from arising in the near future which could make it more difficult to get compensation for your accident-related losses.