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How to File a Truck Accident Claim Accidents involving trucks can be catastrophic They can result in serious injuries making it difficult to work or pay your bills Victims can recover damages from the party responsible for the accident by filing an individual injury claim However the insurance company could refuse to negotiate an appropriate settlement Your lawyer at Buckingham Barrera Vega can assist you determine whether you should pursue litigation Identifying the AtFault Party The nature of truck accidents is more complicated than standard vehicle crashes Most of the time there are several parties responsible Depending on the circumstances you may be able to get 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 components or even from government agencies Finding all the responsible parties will require extensive investigation since each has its own insurance policies and there are a lot of variables to consider It is a mistake to reach out to the insurance companies or claim examiners from the other party following an accident The defense lawyers of the defendants are likely to use any information you provide out of context or distort and twist it in order to weaken your claim Instead you should focus your efforts on obtaining medical attention and recording your injuries In the early stages of the process it is essential to consult an experienced truck accident attorney who is able to handle all communication with the responsible parties In general the case a truck driver is at the fault in an accident when theyre negligent behind the driving This includes reckless driving including speeding or driving under the influence of drugs or alcohol They can also be held accountable for an accident in the event that truckers do not adhere to regulations for trucking such as the restrictions on driving hours Respondeat superior may be able to hold the company that employs truck drivers accountable in the event that they hire an incompetent or negligent employee The trucking company could also be held liable if the company fails to properly supervise its employees Furthermore the company who developed or sold the truck may be held responsible if the design was not properly designed from the beginning The person who is in charge of relevant surveillance footage of the scene of the accident could also be held liable They could have footage that shows the accident such as skids that occur outside of marked lanes or damaged rails They might have video footage that demonstrates the details of the accident like the location of the truck at the time of the collision However the video evidence may be difficult to obtain since the parties in control of it dont store it for long Seeking Medical Attention Even if everything seems fine it is important to see the doctor as soon you can after a truck accident It is common for people to experience the symptoms from injuries like whiplash in a few days or weeks after an accident It is possible to cause permanent damage if ignore these symptoms and compromise the chance of getting compensation In addition seeking medical attention ensures that your injuries are fully recorded in your medical records This will prevent the truck driver trucking company or a third party at fault from later claiming that your symptoms are not related to the accident If you have medical insurance be sure to disclose this information to your providers to allow them to bill the policy upfront and then seek reimbursement later from the person at fault or settlement If you do not have insurance we often work with the medical professionals to delay the collection of bills or billing until after your claim is resolved Once you have sought medical attention it is crucial to keep a log of your experiences This will allow you to document your injuries and their impact on your life This can help you identify the damages that are a result of accidents including medical expenses loss of income from working absences and other losses Remember that screaming shouting or getting into a fight can hurt your case Insurance adjusters from the truck driver or trucking company will try to contact and record your testimony It is recommended to be polite and decline the request the request to your attorney It is also important to keep all appointments and followups with the doctor This will help you recuperate faster and help you to prove your claim for compensation for all of your injuries A jury is more likely to accept any settlement offer if have strong medical evidence Documenting your injuries Photograph both your vehicle and the scene of the crash from different angles This will help you prove who was responsible and will also document the visible injuries It can also be beneficial to record all details you are able to recall about the accident even if the injuries seem minor If medical assistance is available at the scene ensure that you and any other passengers undergo a thorough exam Even if you dont believe youre injured a medical professional may find injuries that dont appear until later and give evidence in your case After youve been checked out in the hospital make sure that you request copies of your medical records This is best done directly with the medical professional rather than permitting your insurance company to see your medical records This will help secure your privacy and also prevent an insurer from using your preexisting medical conditions against you in a claim dispute In san mateo truck wreck lawyer to your medical records you should also keep a log of your injuries symptoms This will aid you and your lawyer when it comes to calculating 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 which could include the cost of suffering and pain as well as loss of enjoyment If possible speak to witnesses who witnessed the incident Find their names and contact information to enable your attorney to obtain their statements later in the process If youre unable to talk to them directly Its essential to check out the surrounding area and look for witness statements later Collect any other records or documents that could be relevant to your truck accident claim including police reports and estimates for repairs to your vehicle pay stubs and medical records along with an accident journal These documents will help prove your losses in a dispute with the insurance company of the trucking companys carrier It is possible to subpoena the trucking company for specific types of records such as DOT records Contacting an Attorney While many truck accident victims can settle their claims without having to take their case to court every claim is different If an insurance provider refuses to provide you with a fair settlement or if their offers are far lower than what youll need to cover your losses and losses it might be the right time to think about filing a lawsuit There are numerous reasons to reach out to an New York truck accident lawyer as soon as possible after the incident One of the most important is that it lets us begin constructing your case while evidence remains fresh The longer you are waiting to speak with an attorney the more difficult it will be to obtain crucial pieces of evidence including witness statements Witnesses memories are likely to fade and their testimony will be deemed unreliable An investigation into a truckrelated accident is also much more thorough than a car accident Truckers must have special commercial licenses which allow them to drive vehicles of a certain size weight along the majority of roads Additionally trucking companies and truckers are subject to numerous federal regulations that must be abided by A seasoned attorney will know how to deal with this type of investigation and gather all evidence available such as the black box of the truck When you make a claim for compensation it is crucial to provide detailed documentation of your losses as well as the impact your injuries have affected your life This information will be used to calculate your total economic damages These can cover past present and future expenses that are a direct result of the crash For instance you may claim compensation for medical expenses lost wages property damage and many more Remember that even a minor injury can have longterm effects Therefore you should always visit a medical professional following any crash regardless of whether you are hurt or not If you get checked out and treated promptly to avoid the possibility of future complications that can make it more difficult to collect compensation from accidentsrelated losses