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How to File a Truck Accident Claim Truck accidents can be devastating They can cause serious injuries that make it difficult to continue working and pay bills A personal injury lawsuit can be filed by victims to seek damages from the party at the fault The insurance company may not be willing to reach a fair deal Your attorney at Buckingham Barrera Vega can help you decide if you should pursue litigation Identifying the At Fault Party Truck accidents are more complicated than typical vehicle crashes Often there are multiple parties to blame Depending on the circumstances you may be able receive compensation from the driver of the truck their employer a company who loaded the truck the company that made the truck or the trucks parts and even government agencies It will require many hours of research to determine the accountable parties since they all have different insurance policies It is a mistake to call the insurance companies or claim examiners from the other party after an accident Defense lawyers for the defendants will be looking for any information you provide that they can use in a different context or make up to weaken your case Instead you should focus your efforts on obtaining medical attention and documenting your injuries Early on in the process it is important to contact an experienced lawyer for truck accidents who will manage all communication with the responsible parties In general a truck driver is at the fault of an accident if they are negligent behind the steering wheel This includes reckless driving including speeding or driving under the impaired by alcohol or drugs They may also be held accountable for an accident if truckers do not abide by regulations governing trucking like limitations on hours of driving If the employer of a truck driver chooses to hire a driver who is incompetent or negligent it could be held liable under a legal doctrine known as respondeat superior It is also possible that the trucking company could be held accountable in the event that they fail to properly supervise their employees The company that developed or sold the truck could also be responsible for the flaws in the truck The person who is in charge of relevant surveillance footage of the scene may also be held accountable They could be able provide footage that illustrates how the accident occurred such as skid marks that are outside the marked traffic lanes or a damaged guardrail They may also have video which can give details of the accident including the trucks position at the time of the accident However the video evidence can be difficult to locate because the people who are in charge of the footage dont keep it long Get Medical Attention Even if it appears that you are in good shape after a crash with the truck its essential to visit a medical professional as soon as you can People typically have symptoms of whiplash for within a few days or weeks following an accident It is possible to cause permanent damage if ignore these signs and could limit your chances of receiving compensation By seeking medical attention you can be sure that your injuries will be fully recorded in your medical records This will stop the trucking company trucker or other parties at fault from claiming later that your injuries were not directly related to the incident If you have medical insurance be sure you provide the details to your insurers in order to charge the policy in advance and then seek reimbursement later from the person who is at fault or settlement If you do not have insurance we may work with the medical providers to defer billing or collection until after the claim has been settled Once you have sought medical attention its important to keep a diary of your experiences This will allow you to document your injuries and their impact on your life This can help you identify accident damages such as medical expenses income loss due to missing work and other losses It is crucial to remember that even though its normal to be upset or angry after a truck accident shouting or screaming or getting into arguments can damage your case The truck drivers or the trucking companys insurance adjusters may try to contact you and ask for a written statement however it is best to be politely reject these requests and refer them to your attorney You should also remember all appointments and followups with the doctor This can help you recover faster and make it easier to claim settlement for the full range of your injuries Evidence of a strong medical basis for your injuries will make it easier for jurors to comprehend how serious and significant your losses are This will increase the chances that youll be able to obtain a fair settlement offer from the trucking company or another atfault party Documenting Your Injury Take pictures of both vehicles as well as the scene of the accident from different angles This will prove who was responsible and can also be useful for documenting the visible injuries Additionally it can be useful to write down everything you remember about the crash including minor details If medical attention is available at the time of the accident be certain to obtain an indepth evaluation of yourself and any other passengers Even if its not clear that youre injured a medical professional may identify injuries that wont be evident until later and prove your case After youve been examined in the hospital make sure you request copies of your medical records billings truck accident lawyer is recommended to request this directly through the medical practitioner rather than allowing an insurance provider to have access to your medical records This will protect your privacy and prevent an insurance company from using your condition against you in a claim dispute In addition to your medical records you should keep a diary of your injuries and symptoms This will help you and your attorney in the calculation of your damages Be sure to document every detail including an aching headache blurred vision or a sharp pain in your leg Keep a journal to document your symptoms This can help 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 any witnesses who saw the accident Contact them with their contact details and names so that your lawyer can ask them to provide the statement If you arent able to speak with them immediately its 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 truck accident claim including police reports and estimates for vehicle repairs or repairs pay stubs for payments and medical records in addition to an accident journal This information can be used to prove your losses in the event that you are in dispute with the insurance company of the trucking company You may also need to subpoena certain types of records from the trucking company for example the DOT compliance records Contacting an Attorney Many truck accident victims can settle their claims without needing to go to court each claim is different If you feel that the insurance company isnt being fair or their settlement offers are far smaller than what you will need to cover the damage You may want to consider making a claim There are many reasons that its crucial to contact a New York truck crash lawyer immediately following an accident as soon as you can It helps us build your case while evidence is still fresh The longer you delay to contact an attorney the more difficult it will be to locate crucial pieces of evidence like witness statements Witnesses memories are likely to fade and their statements disappear from the record Additionally the process of investigating an accident involving trucks is more extensive than that of a car crash Truckers require special commercial licenses which allow them to drive vehicles with a certain size and weight along the majority of roads Trucking companies and truckers are also subject to a number of federal regulations which must be adhered to An experienced lawyer is able to handle such an investigation and will collect all the available evidence including the black box information of the truck When you seek compensation it is crucial to provide a detailed account of your losses and the effect your injuries have affected your life This information is used to calculate your total economic damages which could cover past present and future expenses that result as a direct result of the accident For instance you could you can seek compensation for medical costs lost wages or property damage Its important to keep in mind that even what seems like an insignificant injury could result in longterm effects You should always see an experienced doctor following any accident regardless of whether you feel injured or not A quick diagnosis and treatment can prevent problems from arising in the future that could make it difficult to obtain compensation for injuries resulting from accidents