How to File a Truck Accident Claim
Most accidents involving trucks are caused by carelessness on the part the truck driver or the trucking company. Victims of injuries often need to file a lawsuit to get full compensation for any accident-related expenses.
Medical bills are a common cost for victims of truck accidents. Insurance companies can request an independent medical exam to determine the severity of your injuries and the impact they have on your daily activities.
Medical Care
You must seek immediate medical attention after an accident involving a truck to ensure your safety and health. In addition, getting medical attention as quickly as you can will make it easier to note your injuries in your claim. This will also allow you build an argument that your injuries are the result of by the accident.
Medical expenses are an essential part of any claim for personal injury. columbia truck accident lawyer provide evidence of the severity of your injuries and how they affected your life. Without proper documentation of your injuries, you may not be able to claim full compensation for all your injuries.
In some cases medical treatment may be so long that you're unable to work or return to your usual activities. When this happens you may be able to recover compensation for the loss in income. You may also be eligible for reimbursement of the cost of any assistive device you require to live a normal life.
As with all accidents the parties involved could be accountable for the crash of a truck. They include:
Truck drivers: Drivers of trucks can be employees of a company who are bound by a contract to work for a certain employer, or independent owner-operators who operate their trucks for the shipper they contract with. Truck drivers who are negligent, reckless or engage in unsafe driving could be held accountable for the cause of an accident.
Other drivers: If a driver's negligence led to an accident, that driver may be held responsible. Other drivers are typically found to be responsible for truck accidents, especially when the other driver was driving recklessly or distracted.
The parties at fault may attempt to minimize your claim, by avoiding the blame, recording your statement against you, or tricking you into admitting that they are at fault. This is why it is important to hire a skilled truck accident lawyer. Your lawyer will fight for your rights and ensure that the responsible party pays the amount you are due.
Lost Wages
Truck accidents are not the norm. These kinds of accidents are more severe and are more likely to result in permanent injuries and disabilities. These crashes also involve more weight, which can make the occupants more vulnerable. There are various kinds of truck drivers, including owner-operators who own their own trucks and contract with shippers to transport items for a fee, or corporate drivers who drive vehicles that are owned by their employers. Both can be liable in a collision that involves a commercial vehicle, depending on the circumstances of the incident.
A person who sustains an injury in a truck accident that keeps them from working might be eligible for compensation for lost wages. The amount they could have earned during the time that they were not able to work because of their injuries is used to determine the amount of compensation. This includes not only regular salaries, but benefits like paid time off and overtime.
A judge will usually review a doctor's letter before awarding damages to the person who was injured for the loss of wages. The letter must explain the treatment plan as well as the reasons they were unable get to work. A letter from their employer confirming their hourly wage, salary and the number of days they were unable to work because of the injury is also required.
Once all evidence has been taken into consideration and analyzed, your lawyer will draft an order form that outlines the amount you've lost due to the truck accident. This is then sent to other driver's insurance company with a clear statement that outlines the facts of the case as well as the way you were injured and the amount you're asking for. There could be back and forth communication during the negotiation process and if an agreement is not reached, your attorney will initiate a lawsuit on behalf.
In the majority of instances, a claimant will recuperate lost wages under the bodily injury liability coverage of the driver at fault. If this isn't an option an injured person could file a claim with their own insurance company for their automobile. It will only be in the amount of their personal injury protection policy (PIP).
Pain and Suffering
Accidents involving trucks can cause emotional and physical pain in addition to financial loss. These non-economic damages are usually more difficult to quantify a dollar amount on, yet they do warrant monetary compensation. A New York truck accident attorney can examine your case and determine the value of your noneconomic damages.
A good example of a non-economic loss is the inability to pursue hobbies or engage in your favorite pastimes because of injuries. You may be unable to take holidays or other activities that make your life enjoyable. You deserve compensation for these losses. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life.
It is essential to seek immediate medical attention for any injury following a crash with the size of a truck. This will not only help you stay healthy, but it will also serve as critical documentation for any future personal injury claim. It is also essential to undergo an accurate medical assessment even if your injuries seem minor at the time. In time medical professionals will be able to determine the extent of your injury and provide you with the appropriate treatment.
The next step is to have your attorney go through all evidence and then draft a demand letter that sets forth your compensation needs. Your lawyer will then send the letter to the parties responsible and their insurance companies. If they do not agree to meet your demands the lawyer will be ready for the court. This will show them that you are not going to relent and they should be treated with respect if they want you to be compensated fairly.
Lastly, be prepared for the party at fault's insurance company to contact you concerning the collision and your injuries. They are usually "wolves in sheepskins" and will attempt to obtain them information that they can alter and use against your settlement in court. You should avoid making statements that could be used against your own interests by having your attorney manage all communications with insurers and others.
Damages
The most important thing to consider is the damages aspect of any truck accident claim. These may be economic like medical bills and lost wages, or non-economic, such as pain and suffering. In both cases however, there is one thing that all damages share and that is that they result of the negligence of another party. To be eligible for compensation the victim has to prove that the party responsible did not take reasonable care while operating or maintaining their vehicle or acted in reckless manner while on the road.
Even minor accidents could cause devastating injuries due the weight and size. Even if you feel that your injuries aren't serious It is imperative to seek immediate medical care. This will not only ensure your health and well-being but also provide vital evidence for a potential injury claim. This will allow the insurance company to understand the full impact of your injuries and may prevent them from arguing that you're not as injured as you claim to be.
It is also crucial to keep track of any expenses that result from your accident. You should keep track of any travel expenses you incur to make it to appointments with your doctor and other treatments. Also, any property damage that is caused by the accident. This includes your car that may be damaged in a serious crash as well as personal possessions like watches and other jewelry.
It is normal for the liable party's insurance company to try to contact you shortly after your crash to offer an agreement. However, you should steer clear of talking to them or entering into a settlement without first consulting an experienced truck accident lawyer. They are often trying to convince you to accept low offers that do not cover your expenses resulting from the accident. A lawyer who is experienced can review your records and give you an accurate estimate of the case.
Your lawyer can also to determine if additional damages, such as punitive damages, are offered. These are damages that are intended to punish the wrongdoer, and discourage others from engaging in similar behavior.