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How to File a Truck Accident Claim Truck accidents can be traumatic. They can cause serious injuries which make it difficult to continue working and pay bills. A personal injury claim could be brought by victims to recover damages from the party at blame. The insurance company may not be willing to negotiate a fair settlement. Your attorney at Buckingham Barrera Vega can assist you decide if you should pursue litigation. Identifying the party at fault In contrast to normal car crashes, truck accidents usually involve multiple at-fault parties. Depending on the circumstances you may be able get compensation from the driver of the truck, their employer, a company that loaded the truck, the manufacturer of the truck, or the truck's components, or even from government agencies. Finding all the responsible parties will require extensive investigation, as each party has different insurance policies and many factors to consider. If you are tempted to contact the other party's insurance companies or claim examiners after your accident, this is an error. The lawyers representing the defense of defendants will try to use anything you say in a different context or distort and twist it in order to weaken your claim. Instead, you should focus your efforts on obtaining medical treatment and recording your injuries. When you are in the beginning of the process it is essential to consult an experienced truck accident attorney who will manage all communication with the responsible parties. In general, the driver of a truck is the one responsible for causing a collision when they are guilty of negligent behavior behind the wheel. This includes reckless driving, such as speeding, driving while under the influence of alcohol or drugs. st paul truck accident lawsuit can also be held accountable for an accident when truckers do not abide by regulations governing trucking, like limits on hours of operation. If the employer of a truck driver chooses to hire a negligent or incompetent driver the company could be legally liable under a law known as respondeat superior. The trucking company could also be held responsible if it isn't able to adequately supervise its drivers. Furthermore, the company who designed or sold the truck could be held accountable if it was not properly designed from the beginning. In addition, any party in charge of the relevant surveillance footage that captured the scene of the accident could be liable. They might be able provide footage that demonstrates how your accident happened including skid marks in the middle of the marked traffic lanes, or a damaged guardrail. They might also have video that provides details about the crash and the location of the truck at the time of the crash. Video evidence is difficult to obtain, as the parties who control it don't store it for long periods of time. Seek medical attention Even if everything appears to be in order, it's important to consult the doctor as soon you can following a truck accident. Many people suffer from whiplash symptoms for days or weeks after an accident. If you fail to recognize these signs it could result in permanent damage, and possibly affecting your chance of receiving compensation. By seeking medical attention, you can ensure that your injuries are completely recorded in your medical records. This can prevent the truck driver, the trucking company, or any other at-fault party from later claiming your symptoms are not related to the crash. If you have health insurance, make certain to provide this information to your medical providers to enable them to invoice your policy on a timely basis and seek reimbursement from the party at fault or out of any settlement later. If you don't have insurance, our law firm can often work with medical providers to delay collection or billing until after your claim resolves. After receiving medical attention, we recommend keeping a diary or other simple documentation of your experiences and the impact your injuries had on your life. This can help you to identify the damages caused by accidents such as medical expenses, loss of income due to missing work and other losses. Be aware that shouting or screaming or engaging in an argument can damage your case. The trucking company's insurance adjusters could attempt to contact you, and ask for a recorded statement, but it is best to respectfully decline these requests and refer them to your attorney. It is also essential to follow your doctor's recommendations for treatment and to keep all of your follow up appointments. This can help you recover quicker and make it easier to claim settlement for the full range of your injuries. A jury is more likely to accept the settlement offer if you have evidence of your medical condition. Documenting your injuries Take photos of both vehicles as well as the scene of the accident from different angles. This will help determine who was at fault as well as be helpful for capturing your injuries visible. It may also be useful to record all the details you can remember about the incident, even if they seem minor. If medical assistance is available at the scene of the accident, be sure to get an in-depth evaluation of yourself and the other passengers. Even if you do not think you're injured, a medical professional can find injuries that don't be evident until later, and prove your case. When you've been checked out at the hospital, make sure to request copies of your medical records. This should be handled directly with the medical provider rather than allowing your insurance company to review your medical records. This will ensure your privacy, and 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 keep a log of your injuries symptoms. This will help you and your lawyer in the calculation of your damages. Keep track of every detail, which could include headaches that throb, blurred vision, or sharp pains in your leg. A journal of these symptoms can aid in supporting your claims for pain and suffering as well as loss of enjoyment life, and other damages. If possible, speak to witnesses who witnessed the accident. Ask for their contact information and names so that your lawyer can later ask them to provide an account. If you are not able to talk to them on the spot it is vital to examine the area around the place where the accident occurred and attempt to find witness statements later on. Gather any other records or documents that may be relevant to your claim for a truck accident including police reports and estimates for repairs to your vehicle, pay stubs and medical records, along with an accident journal. These records will help prove your losses in a claim dispute with the trucking company's insurance carrier. You may need to subpoena the trucking company to produce certain kinds of records, such as DOT records. Contacting a Lawyer Many truck accident victims are able to settle their claims without needing to go to court, each claim is different. If you feel that an insurance company isn't being fair or their settlement offers are less than you need to cover the losses You may want to think about making a claim. There are many reasons that it's important to contact an New York truck crash lawyer immediately following an accident as possible. One of the most important is that it allows us to begin constructing your case while evidence remains fresh. The longer you put off the decision to reach out to an attorney the more difficult it will be to retrieve crucial evidence, including witness statements. Witnesses' memories fade and their statements will be deemed unreliable. Additionally, the investigation process for the investigation of a truck crash is more extensive than for a car crash. This is because truckers must have special commercial driver's licenses which allow them to drive vehicles of a specific weight and size on most roadways. Truckers and trucking firms are also subject to a number of federal regulations that must be adhered to. A skilled attorney knows how to handle such an investigation. They will collect all evidence that is available including the black-box data of the truck. It is essential to document your losses and the effects of your injuries on your life when you file an insurance claim. The information you provide will be used to calculate your economic damages, which can cover past, present and future expenses that are a direct result of the crash. For instance, you could claim compensation for medical costs as well as lost wages, property damage, and many more. It's important to remember that even an injury that is minor could have long-term consequences. You should always consult a doctor after any accident, no matter whether you feel injured or not. If you are treated and diagnosed immediately it will also help prevent future complications that could make it harder to claim compensation for your accidents-related losses.