How to File a Truck Accident Claim
Most truck accidents are the result of inattention on the part of a truck driver or trucking company. Injury victims are often required to file a lawsuit in order to receive full compensation for any accident-related expenses.
Medical bills are a common cost for truck accident victims. The insurance company for the responsible party may request an independent medical examination to get a clear picture of your injuries and how they affect your daily routine.
Medical Care
You must seek immediate medical attention after an accident involving a truck to ensure your health and safety. Additionally, seeking medical attention as quickly as you can makes it easier to document your injuries to use in your claim. It can also help you create a stronger case that proves your injuries were caused by the accident.
Medical expenses are an important part of any claim for personal injury. They provide evidence of the severity of your injuries and how they affected your life. Without a solid record of your injuries, you could not be able to obtain full compensation for all your injuries.
In some cases the medical treatment could be so extensive that you are unable to work or resume your regular activities. If this occurs you could be able to recover compensation for your lost income. You could also be eligible for reimbursement of the cost of any assistive device you require to lead the normal life.
Like any other accident the parties involved could be accountable for the cause of a truck crash. The parties that could be held accountable include:
Truck drivers: Truck drivers may be employees of a company under contract to work for a specific employer or independent owner-operators that operate their vehicles on behalf of their own company or a shipper they contract with. If truck drivers are negligent or reckless, or performing unsafe activities on the road, they may be held accountable for causing the crash.
Other drivers In the event that the negligence of another driver led to an accident, the driver could be held responsible. It is common for other drivers to share liability when it comes to truck accidents, especially when the other driver was driving recklessly or distracted.
The parties at fault may try to reduce your claim by trying to minimize the blame, recording your statements against you, or tricking you into admitting responsibility. This is why it is important to work with a knowledgeable truck accident lawyer. Your attorney will fight for your rights and ensure that the responsible party pays what you are due.
Lost Wages
While fender-benders as well as parking lot scrapes are the norm for passenger vehicles but the same cannot be said about truck accidents. These kinds of crashes are more serious and more likely cause permanent disability and long-term injury. They also have heavy loads that put the occupants at risk. There are various kinds of truck drivers. These include owner-operators who own their own vehicles and contract with shippers to haul goods for a fee or company drivers who drive the vehicles of their employers. Both parties can be held accountable in an accident that involves commercial vehicles, depending on the circumstances.
Someone who suffers an injury in a car accident that hinders them from working could be eligible for compensation for lost wages. They are in relation to the amount the money they could have earned while they were unable to work because of their injuries. This includes regular wages as well as benefits such paid time off or overtime.
A judge typically reviews the doctor's report prior to awarding damages to the injured party for lost wages. The letter should outline the treatment plan as well as the reason why they were not able to get to work. A letter from the victim's employer is also required that verifies their salary or hourly wage, as well as the number of days they were unable go to work due to their injury.
Once all the evidence has been collected after which your lawyer will draft the demand document that details how much you have lost due to the truck accident. This is sent with a clear message to other driver’s insurance company, detailing the details of the case as well as how you were injured. Negotiations can involve back-and-forth communication. If an agreement is not able to be reached your lawyer will file a lawsuit on your behalf.
In most cases, a plaintiff can get the compensation for lost wages via the at-fault driver's liability bodily injury insurance. If it is not available, a person who was injured by an uninsured or underinsured motorist can claim compensation through their own insurance company up to their personal injury protection (PIP) coverage limit.
Suffering and Pain
Accidents with trucks can cause physical pain and emotional distress along with financial loss. These non-economic damages are difficult to measure, but they need financial compensation. A skilled New York truck accident lawyer can review your case and determine the potential value of your non-economic injuries.
One good example of an economic loss is the inability to pursue hobbies or engage in your favorite pastimes because of injuries. You could also miss out on vacations, or other activities that make life enjoyable and you should be compensated for this loss. Loss of consortium as well as loss of enjoyment of life are two other examples of non-economic damages.
indiana truck wreck lawyer to seek immediate medical attention for any injury caused by a collision with a large truck. This will not only aid you to maintain your health but will also be an invaluable document in any future personal injuries claims. Even if the injury seems small, it's important to conduct a thorough examination. Over time an experienced medical professional can determine the severity of your injury is and provide you with the proper treatment.
Then, your attorney will then review all evidence and then draft the demand letter detailing your requirements for compensation. Your lawyer will forward the letter to the parties responsible and their insurance companies. If they are unwilling to accept your demands, your lawyer will be prepared to go to court. This shows them that you are not going to relent and they should treat you with respect if they want you to get fair compensation.
Lastly, be prepared for the party at fault's insurance provider to contact you regarding the collision and the injuries. They're usually "wolves in sheep's clothing," and they'll try to obtain information from you, which they could manipulate out of context, and use against you in court in order to reduce your settlement. You are able to avoid making statements that may be used against your own interests by having your attorney handle all communications with insurance companies and others.
Damages
The most significant aspect of the truck accident claim is damages. Damages can be financial (medical expenses or lost wages) or non-economic (pain and suffering). All damages are caused by negligence. To receive compensation, the victim must prove that the responsible party failed to use reasonable care when operating or maintaining their car or acted in reckless manner while on the road.
Due to the huge size and weight of these vehicles, the victims are prone to suffering severe injuries in even the most minor of accidents. It is imperative to seek medical attention immediately even if your injuries seem to be minor. This will not only protect your health, but will also provide important documentation for any injury claim that could be filed. This will allow your insurance company to know the full extent of your injuries, and might help them argue that you're not as injured as you claim.
Similarly, it is vital to keep records of all costs related to your accident. This includes any travel costs you incur in order to get to doctor's appointments or other treatments in addition to any property damage sustained in the collision. This includes your car which could be ruined, as well as other personal items like watches and jewelry.
It is not uncommon for the liable party's insurance company to try to contact you shortly after your crash to offer a settlement. You should not talk to them or accept a settlement before consulting with a knowledgeable truck accident lawyer. These people often try to convince you to accept bargains that do not adequately cover your accident-related expenses. A knowledgeable lawyer will be able to look over your documents and provide you with a precise estimate of the worth 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 person who committed the offense and deter others from engaging in similar conduct.