How to File a Truck Accident Claim
Most accidents on trucks are caused by carelessness on the part the truck driver, or a trucking company. Injured victims typically have to file a lawsuit in order to receive full compensation for their accident-related expenses.
Medical bills are an expense that victims of truck accidents typically have to cover. Insurance companies can request an independent medical exam to determine the extent of your injuries and their impact on your daily routine.
Medical Care
You must seek medical attention immediately following an accident involving a truck to ensure your health and safety. Receiving medical attention as quickly as you can will make it easier for you to record the injuries you sustained in order to use them as evidence in your claim. It will also assist you to create an evidence-based case that proves your injuries resulted from the crash.
Medical expenses are a foundational aspect of any personal injury claim. They reveal the extent of your injuries and how they have affected your life. You may not be eligible to get full compensation if you do not have proof of your injuries.
In some cases medical attention may be enough to stop you from working or returning to your normal routine. In this instance, you may be entitled to compensation for lost income. Additionally, you might be eligible for reimbursement for the cost of any assistive devices you need in order to live your life as normal as is possible.
In the event of an accident there are many parties that could be held responsible for an accident involving a truck. They include:
Truck drivers: Truck drivers may be employees of a company who are contracted to work for a specific employer, or independent owner-operators who operate their trucks for themselves or a shipper they contract with. If truck drivers are careless or reckless, or engaged in unsafe conduct on the road, they can be held accountable for the cause of an accident.
Other drivers In the event that the negligence of a driver contributed to an accident, that driver may be held responsible. It is not uncommon for other drivers to share the blame in truck accidents, specifically when the other driver was driving recklessly or distracted.
The liable parties may try to minimize your claim, by avoiding the blame or recording the statement against you, or tricking you into admitting guilt. This is why it is important to consult with a seasoned truck accident lawyer. Your attorney will fight to protect your rights and ensure the responsible party is paid what you owe.
Lost Wages
While fender-benders and parking area scrapes are the norm in passenger cars however, the same can't be said of truck accidents. These crashes are more severe and more likely to cause permanent disability and injury. They also have larger loads, which can cause more risk to the occupants. There are many different types of truck drivers. Owner-operators who own their own vehicles and contract with shippers to pay a fee to transport goods, or company drivers, who operate vehicles that are owned by their employer. Both parties could be held responsible for a crash that involves commercial vehicles, depending on the circumstances.
Someone who suffers an injury in a truck accident that prevents them from working might be entitled to compensation for the loss of wages. They are by the amount of the money they could have earned in the time they were unable work because of their injuries. This includes regular pay and benefits like paid time off or overtime.
Before awarding damages for lost wages, a judge generally examines a letter from the injured party's physician that describes their treatment plan and explains why they were unable to work. A letter from their employer verifying their earnings, hourly wage and the number of days that they were unable go to work due to the injury is also required.
Once the evidence is gathered after which your lawyer will prepare an itemized list of demands that outlines the amount you have lost due to the truck accident. The package is sent to the insurer of the other driver. The package includes an unambiguous message that outlines the facts of the case, how you were injured and the amount you're seeking. Negotiations can involve back-and-forth communication. If a deal cannot 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 coverage. If this coverage is not available for a person injured by an uninsured or underinsured motorist can claim compensation through their own car insurance company up to their personal injury protection (PIP) coverage limit.
Suffering and Pain
Accidents involving trucks can cause physical pain and emotional distress as well as financial loss. These non-economic damages are difficult to quantify, yet they deserve monetary compensation. A knowledgeable New York truck accident lawyer will review your case and determine the worth of your non-economic damages.
One good example of an economic loss is the inability to pursue hobbies or take part in your favorite pastimes due injuries. It is also possible to miss out on vacations and other activities that can make life more enjoyable and you should be compensated for this loss. Other examples of non-economic losses are loss of consortium and enjoyment of life.
It's important to seek immediate medical attention for any injuries following a crash with the size of a truck. Not only will this help ensure your health and safety, but it could also serve as critical documentation for any future personal injury lawsuit. Even if your injury appears minor, it's essential to conduct a thorough examination. In time medical professionals can assess the extent of your injury and provide the right treatment.
The next step is to have your attorney look over all evidence and then draft an official demand letter setting forth your compensation needs. raleigh truck accident law firm will send the letter to the party responsible and their insurance companies. Your lawyer will then be prepared to go to trial if they are unable to adhere to your demands. This is a sign that you will not back down and that they must treat you with respect when they are attempting to offer you a fair compensation.
Also, be prepared for the party at fault's insurance company to reach out to you concerning the collision and the injuries. They are often "wolves disguised as sheep" and will attempt to obtain information from you that they can twist out of context and use against you in court to minimize your settlement. By letting your lawyer handle all communications with insurance companies and other parties, you will avoid making any statements that could be used against you.
Damages
The most important aspect of the truck accident claim is damages. Damages can be financial (medical bills loss of wages) or non-economic (pain and suffering). In both instances however, there's one thing that all damages have in common and that is that they result of the negligence of another party. Consequently, to receive compensation for these losses, the victim of injury must be able to show that the responsible party failed to exercise reasonable care while operating or maintaining their vehicle or was reckless on the road.
As a result of the enormous size and weight of these vehicles, victims are prone to suffering severe injuries in even the most minor of accidents. It is vital to seek medical attention immediately even if your injuries seem minor. This will not only ensure your health, but it will also provide vital evidence for any potential injury claim. This will help your insurance provider know the full extent of your injuries, and may prevent them arguing that you're not as injured as you claim.
Additionally, it is crucial to keep a record of all expenses related to your accident. This includes any travel expenses you incur to get to doctor's appointments or other treatments and also any property damage sustained in the accident. This includes your vehicle that may be damaged in a serious crash, and personal belongings like watches and other jewelry.
It is typical for the insurance company of the responsible party company to try to contact you shortly after your crash to offer a settlement. But, you should stay clear of speaking with them or signing a settlement agreement without consulting a knowledgeable truck accident lawyer. They often try to entice you into accepting lower offers that do not adequately cover the expenses associated with an accident. A lawyer who is knowledgeable can review your records to provide you with an accurate estimate of your case.
Additionally your lawyer will determine whether any additional damages are available such as punitive damages. These are damages intended to penalize the offender and deter others from engaging in similar behaviour.