How to File a Truck Accident Claim
The majority of truck accidents are caused due to negligence on the part of a trucker or a trucking company. Victims of injuries often need to file a lawsuit to obtain full compensation for injuries and expenses resulting from accidents.
Medical expenses are a cost that victims of accidents involving trucks often must pay. The insurance company for the responsible party may request an independent medical examination in order to be able to see the extent of your injuries and how they affect your daily life.
Medical Care
You should seek medical attention right away following an accident involving a truck to ensure your health and safety. Getting medical attention as soon as you can will aid you to document your injuries in order to use them as evidence in your claim. It can also help you create a stronger case that proves your injuries were caused by the crash.
Medical expenses are a foundational aspect of any personal injury claim. They provide evidence of the severity of your injuries and how they have affected your life. You may not be able receive full compensation if you do not have evidence of your injuries.
In some instances the medical treatment could be so that you are unable to work or return to your normal activities. In this case you could be able to recover compensation for the loss of income. Additionally, you might be eligible for reimbursement for the cost of any assistive devices you require to remain as normal as is possible.
As with all accidents there are many parties that can be held accountable for the cause of a truck crash. The parties involved include:
Truck drivers: Truck drivers can be employees of companies who are under a contract to work for a particular employer or independent owner-operators that operate their trucks for the shipper they contract with. carlsbad truck accident lawyer who are reckless, negligent or otherwise engaged in unsafe driving may be accountable for creating an accident.
Other drivers When the negligence of another driver contributed to an accident, the driver may be held responsible. It is normal for other drivers to share liability in truck accidents, particularly when the other party was driving in a reckless manner or was distracted.
The parties responsible may try to deny your claim by avoiding the blame and recording your statement against you, or deceiving your into admitting fault. You should hire an experienced truck accident lawyer. Your lawyer will defend your rights and will ensure that the responsible party pays you what you are owed.
Lost Wages
While fender-benders and parking lot scrapes are a common occurrence for cars that are driven by passengers but the same cannot be said for truck accidents. These crashes are more serious and are more likely to result in permanent injuries and disabilities. These crashes also carry heavier loads, which can expose occupants to greater risk. There are several different kinds of truck drivers, including owner-operators who own their own trucks and contract with shippers to transport items for a fee, or company drivers who operate vehicles that are owned by their employers. Both parties can be held liable for an accident that involves commercial vehicles, depending on the circumstances.
A person who has been injured in a truck crash and cannot work may receive compensation for lost wages. The amount they could have earned during the time they were unable work due to their injuries is used to calculate the amount of compensation. This includes regular salaries as well as benefits such paid time off or overtime.
Before awarding damages for lost wages, a judge generally reviews a letter from the injured party's doctor that details their treatment plan and explains the reason they were unable to go to work. A letter from the injured party's employer is also required. It verifies their salary or hourly wage, as well as the number of days they were unable go to work because of their injury.
After the evidence has been gathered after which your lawyer will prepare an order which outlines the amount you've suffered due to the truck accident. It is then sent as an explicit message to the other driver’s insurance company, detailing the details of the case as well as the extent of your injuries. There may be back-and-forth communication during the negotiation process and if a deal is not reached, your attorney will file a lawsuit on your behalf.
In the majority of cases, a person who is claiming damages can get back lost wages through the bodily injury liability coverage of the driver at fault. If this is not possible the person who has been injured can submit a claim to their own auto insurance company. It will only be limited to the maximum amount of their personal injury protection coverage (PIP).
Suffering and Pain
Truck accidents can cause physical pain and emotional distress in addition to financial losses. These non-economic damages are usually difficult to put a dollar figure on, yet they do deserve financial compensation. A New York truck accident attorney can evaluate your case to determine the value of your noneconomic damages.
The injuries can cause you to be unable to participate in your favorite hobbies or activities. You could miss out on trips or other activities that make your life more enjoyable. You are entitled to compensation for these losses. Loss of consortium as well as loss of enjoyment of life are also examples of damages that are not economic.
It is imperative to seek prompt medical attention for any injury that results from a crash involving a large truck. This will not only aid you to keep your health in good shape but also serve as an invaluable document in any future personal injury claims. It is also essential to undergo an exhaustive medical examination, even if your injuries seem minor at the moment. After a while an expert medical professional will determine how serious your injury really is and will provide you with the correct treatment.
The next step is to have an attorney review all the evidence and create an official demand letter setting the compensation you require. Your lawyer will then send the demand letter to the parties at fault and their insurance providers. If they do not agree to meet your demands, your lawyer will be ready for the court. This shows that you are not going to back down, and that they should respect you in the event that they want to pay you a fair and reasonable amount.
Be prepared for the insurance company of the responsible party to contact you regarding the collision and any injuries that you suffered. They're usually "wolves in sheep's clothes," and they will try to get information from you that they may manipulate out of context, and use against you in court to limit the amount you receive in settlement. By having your lawyer handle all communications with insurance companies and others, you'll be able to avoid making any statements that could be used against you.
Damages
The most significant aspect of a truck accident claim involves damages. The damages can be either economic (medical expenses and lost wages) or non-economic (pain and suffering). All injuries are the result of negligence. In order to be compensated the victim has to prove that the responsible party did not take reasonable care when operating or maintaining their vehicle or was reckless while driving.
Even minor accidents could cause devastating injuries due the size and weight. It is vital to seek medical attention immediately, even if your injuries seem to be minor. This will not only guarantee your health and well-being but will also provide the necessary evidence for your possible injury claim. This will help your insurance provider determine the extent of your injuries and may prevent them arguing that you're not really injured as you claim to be.
Similarly, it is vital to keep records of all expenses incurred in connection with your accident. This includes travel expenses you incur to travel to appointments with a doctor or other treatments and any property damage that is incurred in the collision. This includes your car that could be destroyed in a serious crash and also personal items such as watches and other jewelry.
It is typical for the liable party's insurance company to try to contact you after the crash to offer a settlement. Do not contact them or accept a settlement prior to consulting with a knowledgeable truck accident lawyer. They are often trying to convince you to accept lower offers that don't cover your expenses resulting from the accident. A reputable lawyer will examine your records and give you a precise estimation of the value of your case.
Additionally, your lawyer will determine whether any additional damages are available, such as punitive damages. These are damages designed to punish the perpetrator and deter others from engaging in similar behavior.