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How to File a Truck Accident Claim Accidents involving trucks can be catastrophic They can cause serious injuries and make it difficult for people to work and pay bills A personal injury claim can be filed by victims to recover damages from the party at fault However the insurance company may refuse to negotiate an acceptable settlement Your attorney at Buckingham Barrera Vega can assist you decide whether to pursue litigation Identifying the At Fault Party Truck accidents are more complex than normal vehicle crashes Often there are several parties to blame Based on the circumstances you may be able recover compensation from the driver of the truck and their employer the company that loaded the truck the company that manufactured the truck or the trucks components or even from government agencies It will require a lot of investigation to find all the responsible parties as they all have different insurance policies While you may be tempted to talk to the other partys insurance companies or claim examiners after your accident this is not a good idea The defense lawyers of the defendants will be seeking out any statement you make that they can use without context or twist and distort to weaken your case Instead you should focus your efforts on seeking medical attention and recording your injuries Its important to get an experienced truck accident lawyer involved early in the process so that they can handle all communications with parties at fault In general the truck driver is at fault for a crash when they are guilty of negligent behavior behind the steering wheel This includes reckless driving such as speeding driving under the influence of drugs or alcohol They may also be held accountable for an accident if truckers do not adhere to regulations governing trucking like limits on hours of operation Respondeat superior may make the employer of the truck driver accountable when they hire an incompetent or negligent employee The trucking company may also be held accountable if it does not adequately supervise its drivers The company that designed or sold the truck may also be liable for its flaws A person who controls the relevant surveillance footage of the scene could also be liable They may have footage that shows the incident such as skids outside of marked lanes or damaged rails They may also have videos that will provide information about the accident including the position of the truck at the time of the crash However the video evidence can be difficult to obtain since the parties responsible for the video dont keep it for long Get Medical Attention Even if all seems well however its crucial to speak with an expert as soon as you can following a truck accident It is normal for people to suffer symptoms from injuries such as whiplash in a few days or weeks after an accident It is possible to cause permanent damage if you do not take note of these signs and could limit the chance of getting compensation Medical attention is also a way to ensure that your injuries are fully recorded in your medical records This could prevent the truck driver trucking company or another atfault person from later claiming that your injuries are unrelated to the crash If you have medical insurance make sure to disclose the information to your insurance provider so that they can charge the policy in advance and later seek reimbursement from the person who is at fault or settlement If you dont have insurance we often work with the medical professionals to defer billing or collection until after the claim has been resolved If youve sought medical attention it is important to keep a journal of your experiences This will help you keep track of your injuries and their impact on your life This can help you recognize accident damages such as medical expenses income loss because of work absences and other losses It is important to remember that while it may be natural to feel upset or angry following a car accident shouting or screaming or getting into arguments can damage your case The truck drivers insurance adjusters or the trucking companys insurance adjusters could try to reach you and ask for a written declaration but its recommended to decline these requests and refer them to your attorney It is also essential to follow the doctors directions for treatment and to keep all of your followup appointments This will allow you to recover quicker and will strengthen your claim for compensation A strong medical proof of your injuries will help jurors to appreciate how serious and significant your losses are It also will increase the odds that you will be able to obtain an equitable settlement from the trucking firm or other atfault party Documenting charlotte truck wreck lawyer If your injuries do not prevent you from doing so make sure you take photos of the scene from multiple angles and of the damage to both vehicles This will help prove who was at fault and will also document the physical injuries you sustained In addition it could be beneficial to record everything you remember about the crash including minor details If medical assistance is available at the time of the incident be sure to get an extensive evaluation for yourself and any other passengers Even if you dont think youre injured a medical professional will detect injuries which will not be apparent until later and provide evidence in your case After you have been discharged at the hospital make sure to request copies of your medical records It is recommended to request this directly with the medical professional instead of allowing an insurance company to have access to your medical records This will safeguard your privacy and also prevent an insurance company from using your condition against you in a claim dispute In addition to your medical records you should also keep a log of the symptoms you experience due to your injury This will assist you and your attorney when calculating your damages Keep track of every detail such as a throbbing headache blurred vision sharp pains in your leg Keep a log of these symptoms will help in proving your claims for pain and suffering loss of enjoyment of life and other damages If possible speak to witnesses who witnessed the accident Contact them with their contact details and names so that your lawyer can later ask them to provide a statement If youre not able to speak to them on the spot its important to scope out the surrounding area and look for witness statements later Find any other documents or records that may be relevant to your claim for a truck accident such as police reports and estimates for repairs to your vehicle pay stubs and medical records and an accident journal This will help prove your losses in a claim dispute with the insurance carrier It is also possible to request certain types of records from the trucking company such as the DOT compliance records Contacting an attorney Although many victims of truck accidents can settle their claims without needing to take their case to court each case is unique If an insurance company is unwilling to give you an acceptable settlement or if their offers are far less than the amount youll need to cover your damages and losses it might be the right time to think about filing a lawsuit There are a variety of reasons why its essential to contact an New York truck crash lawyer immediately following an accident as soon as is possible One of the most important is that it lets us begin constructing your case while evidence remains fresh The longer you delay to get in touch with an attorney the more difficult it will be to find important evidence including witness statements Witnesses memories will wane and their testimony will be deemed unreliable A truck accident investigation is also more thorough than an auto accident This is due to the fact that truckers must have special commercial drivers licenses that allow them to drive vehicles of a certain weight and size on a majority of roads Truckers and trucking firms are also subject to a number of federal regulations that must be adhered to An experienced lawyer can handle this type of investigation and gather all evidence like the black box data of the truck It is important that you include a written record of your losses and the effects of your injuries on your life when filing the claim for compensation This information will be used to calculate the total economic damages These could comprise past present and future expenses that are incurred due to the accident You could for instance seek compensation for medical expenses and lost wages as well as property damage Remember that even a minor injury may have longterm effects Therefore its important to get checked out by a doctor after any crash whether you feel hurt or not The moment you are diagnosed and treated it can also prevent any complications from developing in the future that could make it difficult to recover compensation for your accidentrelated losses