How to File a Truck Accident Claim
The majority of accidents on trucks are caused by negligence on the part of the truck driver or a trucking company. The victims of injuries are typically required to file a lawsuit in order to receive full compensation for accident-related costs.
Medical expenses are a cost that victims of accidents involving trucks often have to pay. Insurance companies can request an independent medical examination to determine the extent of your injuries and the impact they have on your daily life.
Medical Care
When you are injured in a collision with a truck, you need immediate medical care to ensure your safety and health. Receiving medical attention as quickly as you can will also aid you to record your injuries so that you can use them as evidence in your claim. It can also help you build an evidence-based case that proves your injuries resulted from the crash.
Medical expenses are a crucial aspect of any claim for personal injury. They show the severity of your injury and how it has affected your life. Without proper documentation of your injuries, you could be unable to recover the full amount of compensation for all your injuries.
In certain cases the medical treatment could be so extensive that you are unable to work or resume your regular activities. In this situation, you may be entitled to compensation for the loss of income. You may also be entitled to reimbursement of the cost of any assistive device that you require to live the normal life.
As with any accident the parties involved can be held accountable for the cause of a truck crash. These parties include:
Truck drivers: They may be employees of a company or those who have a contract to drive for a specific employer or independent owner-operators. They operate their vehicles for their own company or the shipper for whom they have signed a contract. When truck drivers are negligent or reckless, or performing unsafe activities on the road, they may be held responsible for causing the crash.
Other drivers: If a driver's negligence caused an accident, the driver might be held liable. Other drivers are typically held responsible for truck accidents, particularly when the driver in question was driving recklessly or distracted.
The responsible parties could attempt to minimize your claim by deflecting blame, recording your statements against you, or even tricking you into admitting fault. This is why it is important to work with a knowledgeable truck accident lawyer. Your lawyer will fight for your rights and make sure that the responsible party pays the amount you are owed.
Lost Wages
While fender-benders and parking area scrapes are a common occurrence for passenger vehicles but the same cannot be said for truck accidents. These accidents are more severe and more likely to cause permanent disability and injury. These crashes also involve larger loads, which could put occupants at greater risk. There are many different types of truck drivers. Owner-operators who own their own trucks and contract with shippers for a fee to transport goods, or company drivers, who operate vehicles owned by their employers. Both can be liable for a crash that involves a commercial vehicle, depending on the circumstances of the crash.
Anyone who suffers an injury as a result of a truck accident that hinders them from working may be entitled to compensation for their lost wages. The amount they could have earned during the time that they were not able to work due to their injuries is used to calculate the compensation. This includes regular salaries and benefits like paid time off or overtime.
In order to award damages for lost wages, a judge usually reviews a letter from the injured party's doctor that provides a treatment plan and explains the reason they were unable to work. A letter from the individual's employer is also required. It 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 the evidence is gathered, your attorney will prepare a package of demands that outlines the amount you've lost as a result of the accident. This is then sent to the insurance company of the other driver. It includes clearly stating the facts of the case and the extent of your injuries and the amount you are requesting. There could be back-and-forth communications during the negotiation process, and if an agreement is not reached, your lawyer will bring a lawsuit on your behalf.
In the majority of cases, a person who is claiming damages can claim back wages lost due to the bodily injury liability coverage of the driver who was at the fault. If that is not available, a person who was injured by an uninsured or underinsured motorist can claim compensation through their car insurance company to the extent of their personal injury protection (PIP) coverage limit.
Suffering and Pain
In addition to financial losses truck accidents often cause significant emotional and physical discomfort. These non-economic losses are typically difficult to estimate a dollar value on, yet they do warrant monetary compensation. A knowledgeable New York truck accident lawyer will review your case and determine the worth of your non-economic damages.
A good example of an economic loss is the inability to pursue hobbies or participate in favorite pastimes due to injuries. You may be unable to take vacations or other activities that enrich your life. You deserve compensation for these losses. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life.
If you're injured as a result of a collision with a large truck, it is crucial to seek medical attention immediately. This will help you to keep your health in good shape but will also be an invaluable document for any future personal injuries claims. Even if the injury appears minor, it's essential to conduct a thorough examination. Over time, a medical professional can determine the severity of your injury is and will give you the right treatment.
The next step is to have an attorney review all the evidence and compile a demand letter that sets forth your compensation needs. The lawyer will send the letter to the party responsible and their insurance companies. Your lawyer will be able to take them to trial if they fail to accept your demands. This lets them know that you are not going to give up and they should treat you with respect if they wish for you to receive fair compensation.
Be prepared for the insurance company of the person who was at fault to contact you regarding the collision and any injuries that you sustained. They are frequently "wolves dressed as sheep," and they will try to get information from you that they may manipulate out of context, and use against you in court to reduce your settlement. By the lawyer handling all communications with insurance companies and others, you'll be able to make sure that you don't make any statements that could be used against you.
Damages
The most important part of an accident claim involving a truck is the damages. The damages can be either economic (medical expenses or lost wages) or non-economic (pain and suffering). All injuries are the result of negligence. Consequently, to receive compensation for these losses, the victim of injury must be able to prove that the responsible party failed to take reasonable care in operating or maintaining their vehicle, or acted recklessly on the road.
Due to the immense size and weight of these vehicles, the victims can sustain severe injuries even in minor of accidents. Even if you feel that your injuries are minor it is essential to seek immediate medical care. This will not only protect your health and well-being, but also provide crucial evidence for your possible injury claim. This will help the insurance company know the full extent of your injuries. somerville truck accident lawyer could also prevent them from arguing that you're not as injured as you claim.
It is also important to keep track of any expenses incurred in connection with your accident. You will need to keep the track of any travel expenses you incur to reach doctor's appointments and other treatments. Also the property damage that is caused by the accident. This includes your car that could be damaged to the point of total loss, as well as other personal possessions such as jewelry and watches.
It is typical for the liable party's insurance company to try to reach you soon after your accident to offer a settlement. It is not advisable to contact them or accept a settlement before consulting with a knowledgeable truck accident lawyer. These representatives often try to entice you into accepting lower offers that do not enough cover the costs associated with your accident. A lawyer who is knowledgeable will be able to examine your records to give you an accurate estimate of your case.
Your lawyer will also determine if any additional damages, such as punitive damage, are available. These are damages designed to punish the wrongdoer and deter others from engaging in similar behavior.