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How to File a Truck Accident Claim Truck accidents can be devastating. They can cause serious injuries and make it difficult for people to work and pay bills. A personal injury claim may be brought by victims to recover damages from the party who was at responsible. However the insurance company could not agree to an acceptable settlement. Your attorney at Buckingham Barrera Vega can help you decide whether or not to pursue litigation. Identifying the At Fault Party In contrast to normal car crashes, truck accidents often have multiple at-fault parties. Depending on the circumstances, you may be able receive compensation from the driver of the truck as well as their employer, a company that loaded the truck, the manufacturer of the truck, or the truck's components, or even from government agencies. It will take a lot of investigation to identify all the responsible parties, as they all have their own insurance policies. While you may be tempted to speak to the other party's insurance companies or claim examiners after your accident, this is not a good idea. The defense lawyers of the defendants will try to use any information you provide in a different context or distort and twist it to weaken your claim. Instead, focus your energy on getting medical care and recording your injuries. It's important to get an experienced truck accident lawyer involved in the early stages of the process so that they can handle all communication with the responsible parties. In general the case, a truck driver is at blame for an accident if they are negligent behind the wheel. This includes reckless driving such as speeding, driving under the influence of drugs or alcohol. They could also be held responsible for an accident if the truckers do not adhere to the rules of trucking, for example, limits on hours of operation. If the company that employs the truck driver decides to employ a negligent or incompetent driver it could be legally liable under a doctrine called respondeat superior. It's also possible that a trucking company is responsible in the event that they fail to properly supervise their drivers. Furthermore, the company who designed or sold the truck may be liable if it was flawed from the start. Additionally, any other parties in charge of the relevant surveillance footage that captured the scene of the accident could be held responsible. They could be able provide footage that shows how your accident happened like skid marks outside of designated traffic lanes or a damaged guardrail. They may also have video that can provide details of the crash including the truck's location at the time of the accident. However, the video evidence can be difficult to access because the parties responsible for the video don't keep it for long. Seek medical attention Even if you appear to be in good health after a collision with trucks, it is vital to consult an expert in medical care as soon as you can. Many people have symptoms of whiplash for weeks or days after an accident. If you don't take note of these symptoms and do not take action, you could end up causing permanent damage, and possibly affecting your ability to receive compensation. Getting medical attention ensures that your injuries are recorded in your medical records. chicago truck accident attorney can prevent the truck driver, the trucking company or a third party at fault from later claiming that your injuries are not related to the accident. If you have medical insurance, be sure you give this information to your providers in order to bill the policy upfront and later seek reimbursement from the person at fault, or settlement. If you don't have insurance, we will often work with the medical professionals to delay collection or billing until after your claim is resolved. Once you have received medical attention, we recommend keeping a journal or other simple documentation of your experiences and the consequences your injuries have caused on your life. This can help you to identify injuries that result from accidents, such as medical costs, lost income because of work absences and other losses. Be aware that screaming or shouting or engaging in an argument can hurt your case. The truck driver's or trucking company's insurance adjusters may try to reach you and ask for a recorded statement, however it is best to politely refuse these requests and forward to your attorney. Also, you should keep all your appointments and follow-ups with the doctor. This will allow you to recuperate faster and increase the strength of your claim for compensation. A jury will be more likely to accept any settlement offer if have medical evidence that is strong. Documenting your injuries Unless your injuries prevent you from doing so, make sure you take photos of the accident scene from a variety of angles and also of the damage to both vehicles. This will help prove who was responsible and will be helpful for capturing your visible injuries. Additionally, it may be useful to write down everything you remember about the crash, even the smallest details. If medical attention is available at the time of the accident, be sure to get an extensive evaluation for you and any other passengers. Even if it's not clear that you're injured an expert medical professional could identify injuries that won't appear until later and give evidence in your case. When you've been checked out at the hospital, make sure to request copies of your medical records. This is best done in conjunction with the medical provider rather than giving your insurance company permission to see your medical records. This will help protect your privacy and prevent the insurer from using your pre-existing medical conditions against you in a claim dispute. In addition to your medical records, you should also keep a log of your injuries symptoms. This will be helpful to you and your lawyer when it comes to calculating your losses. Make sure to record every particular detail, like an aching headache, blurred vision, or a sharp pain in your leg. Keep a log of your symptoms. This will help to support your claim for compensation, which includes pain and suffering and loss of enjoyment of living. Speak to any witnesses that witnessed the accident. Get their contact details and names so that your lawyer could later ask them to provide an account. If you are unable to speak to them at the scene it is essential to investigate areas around where the accident took place. You can also try to locate witness statements later on. It is important to gather any other records and documents that are relevant to your case of a truck accident, such as police reports, estimates for vehicle repairs, pay stubs, medical records, and an accident journal. This will help prove your losses in a dispute with the insurance carrier. You may be required to subpoena the trucking company for certain kinds of documents, such as DOT records. Contacting a Lawyer Each claim is unique. While many truck accident victims can settle their claims without going to court, each claim is unique. If you believe that an insurance company isn't being fair or their settlement offers are far smaller than what you will need to cover the damages and you are not satisfied, you might consider filing a lawsuit. There are many reasons that it's crucial to contact an New York truck crash lawyer as soon as you can. One of the most important is that it lets us begin to build your case while evidence remains fresh. The longer you delay contacting an attorney, the harder it will be to get important evidence like witness statements. Witnesses' memories will fade, and their statements will be deemed unreliable. Additionally the investigation process for truck accidents is longer than an automobile crash. Truckers need special commercial licenses which allow them to drive vehicles with a certain size and weight along most roads. Trucking companies and truckers are also subject to a range of federal regulations that must be adhered to. A seasoned attorney will know how to handle this type of investigation and collect all evidence like the black box on the truck. If you make a claim for compensation, it is crucial to include detailed documentation of your losses and the effect your injuries have had on your life. This information is used to calculate your total economic damages, which could be used to cover present, past and future expenses that result as a direct result of the crash. For instance, you can get compensation for medical expenses, lost income, property damage, and many more. Be aware that even a minor injury may have long-term effects. Therefore, you should always be examined by an expert doctor following any accident regardless of whether you are hurt or not. Getting diagnosed and treated immediately will also help to prevent any complications from arising in the near future that might make it harder to claim compensation for accident-related losses.