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How to File a Truck Accident Claim Truck accidents can be traumatic. They can cause serious injury, making it difficult to continue working or pay your 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 contract. 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 typical vehicle crashes. Often, there are multiple parties at fault. Based on the circumstances, you may be able to recover compensation from the driver of the truck as well as their employer, a company that loaded the truck, the company that made the truck or the truck's components, or even from government agencies. Recognizing all the parties responsible will require extensive investigation, as each one has different insurance policies, and there are a lot of variables to take into consideration. If you are tempted to speak to the insurance companies of the other party or claim examiners following an accident, it's a mistake. The defendants' defense lawyers will be seeking out any statement you make that they can use without context or alter or distort to weaken your case. Instead, st petersburg truck accident attorney should concentrate your energy on getting medical attention and documenting your injuries. In the early stages of the process it is crucial to engage an experienced truck accident attorney who is able to manage all communications with the responsible parties. In general the case, a truck driver is at the fault of an accident if they're negligent behind the steering wheel. This includes reckless driving, such as speeding or driving under the impaired by alcohol or drugs. They could also be held responsible for an accident if truckers don't adhere to regulations governing trucking, like limits on hours of operation. Respondeat superior may hold the employer of truck drivers accountable when they hire an incompetent or negligent worker. The trucking company can also be held responsible if it fails to properly supervise its employees. In addition, the company that engineered or sold the truck could be held accountable if the truck was flawed from the start. The person who has control of the relevant surveillance footage of the scene could also be held responsible. They may be able to show footage of how the accident occurred like skid marks on the outside of clearly marked traffic lanes or damaged guardrail. They may also have video which can give details of the crash including the position of the truck at the time of the accident. Video evidence is difficult to locate, since the people who control it don't store it for long periods of time. Getting Medical Attention Even if everything seems to be fine but it's still important to talk to an expert as soon as you can following a truck accident. It is normal for people to experience symptoms from injuries, such as whiplash, within a few days, or weeks after an accident. If you don't take note of these symptoms, you may risk causing permanent damage and potentially jeopardizing your ability to receive compensation. If you seek medical attention, you can ensure that your injuries will be completely recorded in your medical records. This could prevent the truck driver, the trucking company or another at-fault party from later claiming that your ailments are not connected to the crash. If you have medical insurance, make sure you provide this information to your medical providers in order to charge the policy in advance and later seek reimbursement from the person who is at fault or settlement. If you don't have insurance, we may work with the medical professionals to delay the collection of bills or billing until after the claim has been completed. After receiving medical attention, we recommend keeping a log or other simple documentation of your experiences and the impact your injuries have had on your life. This can help you recognize accident damages such as medical expenses, lost income because of work absences and other losses. Be aware that screaming or shouting or engaging in an argument could hurt your case. The trucking company's insurance adjusters could try to contact you, and ask for a recorded statement, but it's recommended to decline these requests and forward them to your attorney. It is also important to follow the doctor's directions for treatment and attend all of your follow up appointments. This will help you recover more quickly and can strengthen your claims for settlement for the full range of your injuries. A jury is more likely to accept an offer of settlement if you have a strong medical proof. Documenting Your Injury Photograph both the vehicles and the scene of the crash from various angles. This will allow you to prove who was responsible and will also document the visible injuries. It may also be useful to note down all the details you can recall about the accident even if the injuries seem minor. If medical assistance is available on the scene, ensure that you and any other passengers undergo a thorough exam. Even if you do not think you're injured, a medical professional may find injuries that don't be apparent until later and give evidence in your case. After you have been examined at the hospital, make sure to request copies of your medical records. This should be done in conjunction with the medical professional, rather than allowing your insurance company to review your medical records. This will help to protect your privacy and prevent an insurer from using your pre-existing conditions against you in a claim dispute. Keep the journal of your experiences. This will be useful to you and your lawyer when it comes time to making a calculation of your losses. Note every detail, including an aching headache, blurred vision, or sharp pains in your leg. Keep a diary to record your symptoms. This can help to support your claim for compensation, which could include suffering and pain as well as loss of enjoyment of life. If you can, speak to witnesses who witnessed the accident. Request their contact information and names so that your lawyer can ask them to give a statement. 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 witness statements later. Find any other records or documents that could be relevant to your claim for a truck accident like police reports and estimates for vehicle repairs as well as pay stubs, medical records, as well as an accident journal. These records can be used to prove your losses in the event that you are in dispute with the insurance firm of the trucking company. You may also be required to request certain types of records from the trucking company such as the DOT compliance records. Contacting an Attorney While many truck accident victims are able to settle their claims without having to go to court, each case is unique. If an insurance company is unwilling to provide you with an equitable settlement, or their offers are significantly less than the amount you'll need to cover your damages, it may be time to think about bringing a lawsuit. There are a variety of reasons why it's important to contact a New York truck crash lawyer as soon as possible. One of the most important is that it lets us begin constructing your case while evidence is fresh. The longer you put off contacting an attorney, the harder it will be to retrieve important evidence like witness statements. The memories of witnesses will fade and their statements will become suspect. A truck accident investigation is also much more thorough than a car accident. Truckers require special commercial licenses that allow them to drive vehicles of a certain size weight on most roads. Trucking companies and truckers are additionally subject to a myriad of federal regulations which must be adhered to. A seasoned attorney is able to deal with this type of investigation and gather all evidence available like the black box of the truck. When you seek compensation, it is important to document in detail your losses as well as the impact your injuries have affected your life. This information can be used to calculate total economic damages. These can include past, current and future expenses incurred due to the accident. For instance, you could claim compensation for medical costs, lost wages, or property damage. It's important to remember that even what seems like an insignificant injury could result in long-term effects. So, it's a good idea to be examined by a doctor following any accident regardless of whether you are hurt or not. A quick diagnosis and treatment can also prevent any complications from arising in the future which can make it difficult to obtain compensation for injuries from an accident.