How to File a Truck Accident Claim
The majority of truck accidents are the result of carelessness on the part the truck driver, or a trucking company. In most cases, victims of injury are required to bring a lawsuit to receive full compensation for any accident-related costs.
Medical bills are an expense that victims of accidents involving trucks often have to cover. Insurance companies can request an independent medical exam to determine the extent of your injuries and the impact they have on your daily life.
Medical Care
You should seek immediate medical attention after an accident involving a truck to ensure your safety and health. In getting medical attention as soon as you can will also help you to document the injuries you sustained in order to use them as evidence in your claim. It can also help you create an evidence-based case that proves your injuries were caused by the accident.
Medical expenses are an essential part of any claim for personal injury. They demonstrate the extent of your injury and how it has affected your life. Without a solid record of your injuries, you may not be able claim the full amount of your injuries.
In some instances, the medical care may be so long that you're unable to work or return to your regular activities. When this happens you may be able to recover compensation for the loss of income. Additionally, you might be entitled to reimbursement for the expense of any assistive equipment you require to be able to live your life in the most normal way possible.
As in any accident, there are multiple parties who are liable in an accident involving a truck. They include:
Truck drivers: They can be employees of a company or those who have a contract to drive for an employer or independently owned operators. They operate their trucks for them or the shipper with whom they have signed a contract. Truck drivers who are reckless, negligent or otherwise engaged in unsafe driving may be accountable for creating an accident.
Other drivers If the carelessness of another driver contributed to a crash that person could be held accountable. It is not uncommon for other drivers to be liable in truck accidents, particularly when the other party was driving recklessly or distracted.
The responsible parties might try to deny your claim by shifting blame by recording your statements against you, or bribing you into admitting that they are at fault. This is why you should to work with a knowledgeable truck accident lawyer. Your lawyer will defend your rights and make sure that the responsible party pays you what you are due.
Lost Wages
Accidents involving trucks aren't the norm. These kinds of crashes are more serious and more likely to cause permanent disability and injury. These crashes also carry heavy loads, which can expose occupants to greater risk. There are various kinds of truck drivers, such as owner-operators who own their own vehicles and contract with shippers to transport goods for a fee, or corporate drivers who operate the vehicles of their employers. Both parties could be held accountable in a crash that involves commercial vehicles, based on the circumstances.
Someone who is injured in a collision with a truck and is unable to work could be entitled to compensation for lost wages. The amount they could have made during the time that they were unable to work due to injuries is used to determine the amount of compensation. This includes not only regular wages, but also benefits like paid time off and overtime.
A judge typically reviews the doctor's note prior to granting damages to the person who was injured for the loss of wages. The letter should outline their treatment plan as well as the reason they were unable to be able to work. A letter from the individual's employer is also required that is proof of their hourly or monthly wage, as well as the number of days they were unable to be at work due to their injury.
Once all evidence has been gathered After all the evidence has been gathered, your lawyer will create a demand package that outlines how much you have lost due to the truck crash. This is then sent to the insurer of the other driver. The package includes a clear statement that outlines the facts of the situation as well as the way you were injured and the amount you are requesting. There could be back-and-forth communications during the negotiation process and if a deal is not reached, your lawyer will initiate a lawsuit on behalf.
In the majority of cases, a claimant can recuperate lost wages under the bodily injury liability coverage of the driver at the fault. If this is not possible an injured person could submit a claim to their own auto insurance company. It will only be up to the limits of their personal injury protection coverage (PIP).
Pain and Suffering
Accidents involving trucks can cause emotional and physical pain as well as financial loss. These non-economic damages are difficult to quantify, yet they deserve monetary compensation. A New York truck accident attorney can evaluate your case to determine the value of your noneconomic damages.
An excellent example of an economic loss is the inability to engage in hobbies or in the activities you love due to injuries. It is also possible to miss going on vacations and other activities that make life more enjoyable and you're entitled to compensation for this loss. Loss of consortium and loss in enjoyment of life are also examples of non-economic damages.
If you've been injured in an accident with a huge truck, it's crucial to seek medical attention promptly. This will not only aid you maintain your health but will also be a valuable document for any future personal injury claims. bakersfield truck wreck lawyer is also essential to undergo an exhaustive medical examination even if the injuries seem minor at the time. Over time medical professionals can determine the extent of your injury and provide the proper treatment.
Then, your lawyer will then review all evidence and then draft an official demand letter describing your demands for compensation. Your lawyer will then forward the demand letter to the parties at fault and their insurance providers. Your lawyer will then be prepared to go to trial if they refuse to meet your demands. This indicates that you will not back down and that they must be treated with respect if they wish to give you a fair amount of compensation.
Also, be prepared for the at-fault party's insurance company to reach out to you regarding the accident and the injuries. They're often "wolves dressed as sheep," and will attempt to get information from you that they could twist out of context and use against you in court to reduce your settlement. You can avoid making statements that could be used against your own interests by letting your attorney handle all communications with insurance companies and others.
Damages
Damages are the most important aspect of any truck accident claim. These could be financial like medical bills and lost wages, or non-economic, such as suffering and pain. In both instances however, there is one thing that all damages share and that is that they result of another party's negligence. To be awarded compensation the victim has to prove that the responsible party did not use reasonable care when operating or maintaining their car or acted in reckless manner while driving.
As a result of the immense size and weight of these vehicles, victims are prone to suffering severe injuries even in minor accidents. Even if you feel that your injuries aren't too serious it is essential to seek immediate medical care. This will not only guarantee your health and well-being, but also provide critical evidence for your possible injury claim. This will allow your insurance company to comprehend the full extent of your injuries and might help them argue that you're not as injured as you claim.
It is also crucial to keep track of all costs that you incur as a result of your accident. It is essential to keep all travel expenses you incur in order to get to doctor's appointments or other treatments. Also any property damage that was caused by the accident. This includes your vehicle which could be totaled in a serious crash, and also personal items like watches and other jewelry.
Insurance companies often contact you to offer a settlement shortly after a crash. However, you should steer clear of speaking with them or signing a settlement agreement without first consulting an experienced truck accident attorney. These representatives will often try to convince you to accept lower settlements that don't cover accident-related costs. A lawyer who is experienced will be able to review your records to provide you with a fair estimate of your case.
Your lawyer will also to determine if additional damages, such as punitive damages are available. These are damages that are intended to punish the wrongdoer and deter others from engaging in the same behavior.