How to File a Truck Accident Claim
Most truck accidents are caused by negligence on the part the truck driver or a trucking company. Injured victims often have to file a lawsuit to obtain full compensation for injuries and expenses resulting from accidents.
Medical bills are a typical cost for victims of truck accidents. The insurance company of the responsible party could require an independent medical exam to be able to see the extent of your injuries and how they affect your daily routine.
Medical Care
When you are injured in a collision with a truck it is essential to seek immediate medical care to ensure your health and safety. Additionally, seeking medical assistance as soon as possible will make it easier to document your injuries for use in your claim. It can also help you create an argument that is stronger and proves your injuries resulted from the accident.
Medical expenses are a crucial aspect of any claim for personal injury. They reveal the extent of your injuries and how they affected your life. Without a thorough record of your injuries, you may not be able to claim the full amount of compensation for all your losses.
In some instances the medical treatment might be so that you are not able to work or resume the normal routine. In this case you may be able to claim compensation for the loss of income. Additionally, you might be entitled to reimbursement for the costs of any assistive devices you require to remain as normal as possible.
Like any other accident, there are multiple parties that can be held responsible for an accident involving a truck. These parties include:
Truck drivers: Drivers of trucks can be employees of a company bound by a contract to work for a particular employer or independent owner-operators that operate their trucks for themselves or a shipper they contract with. When truck drivers are negligent, reckless, or otherwise engaged in unsafe actions on the road, they can be held accountable for the cause of a crash.
Other drivers: If a driver's negligence caused the crash, that driver might be held liable. Other drivers are typically accountable for truck accidents, especially when the driver who was at fault was reckless or was distracted.
The responsible parties may attempt to minimize your claim through trying to minimize the blame, recording your statements against you, or trying to trick you into admitting responsibility. You must hire an experienced attorney for truck accidents. Your attorney will fight to defend your rights and ensure the responsible party is paid what you owe.
Lost Wages
While fender-benders and parking area scrapes are normal for passenger cars However, the same cannot be said for truck accidents. These collisions are more serious and are more likely to result in permanent injuries and disabilities. These crashes also carry more weight, which can expose occupants to greater risk. There are a variety of truck drivers. Owner-operators, who own their own trucks and contract with shippers in exchange for a fee to transport goods, or company drivers, who operate vehicles owned by their employer. Both can be liable in a collision that involves a commercial vehicle, depending on the circumstances of the accident.
Someone who is injured in a crash involving a truck and is unable work, may be entitled to compensation for the loss of wages. These are calculated in relation to the amount money they could have earned while they were unable work because of their injuries. detroit truck accident attorney includes regular wages as well as benefits such paid time off or overtime.
Before awarding damages for lost wages, a judge generally reviews a letter from the doctor who treated the injured party that details their treatment plan and explains the reason they were unable to go to work. A letter from their employer that confirms their salary, hourly wage and the number of days that they were unable to work due to their injury is also required.
Once all evidence has been obtained after which your lawyer will draft an offer letter that outlines how much you have lost as a result of the truck crash. This is sent with an explicit message to the insurance company of the other driver providing the facts of the situation and the extent of your injuries. There may be a back and forth communication throughout the negotiation process and if an agreement is not reached, your lawyer will start 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 this isn't available or is not available, those injured by an uninsured or underinsured motorist can make a claim through their car insurance company, up to their personal injury protection (PIP) coverage limit.
Suffering and Pain
In addition to financial losses, truck accidents often result in substantial physical pain and emotional distress. These non-economic damages are difficult to quantify, but they still require compensation in the form of money. A knowledgeable New York truck accident lawyer will review your case and determine the value of your non-economic damages.
A great example of non-economic losses is the inability to pursue hobbies or engage in favorite pastimes due to injuries. It is also possible to miss out on vacations and other activities that can make life more enjoyable and you are entitled to compensation for this loss. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life.
If you are injured in an accident with a large truck, it's crucial to seek medical attention as soon as possible. Not only will this help you stay healthy as well, but it can be a vital piece of evidence for any future personal injury claim. It's also important to get an accurate medical assessment even if your injuries seem minor at moment. After a while an experienced medical professional can determine how serious your injury really is and provide you with the appropriate treatment.
The next step is to have your attorney review all the evidence and compile a demand letter that sets the compensation you require. Your lawyer will then send the demand letter to the at-fault parties and their insurance providers. Your lawyer will be able for a trial if they do not accept your demands. This indicates that you're not bending down, and that they should respect you should they decide to offer you a fair and reasonable amount.
Be prepared for the insurance company of the responsible party to contact you about the collision and any injuries you suffered. They're usually "wolves dressed as sheep," and they'll attempt to get information from you that they could make up out of context and use against you in court to limit the amount you receive in settlement. By making your lawyer the sole handler of all communications with insurance providers and others, you can stay clear of making statements that could be used against you.
Damages
The most significant aspect of a truck accident claim involves the damages. Damages can be economic (medical bills and lost wages) or non-economic (pain and suffering). All damage is caused by negligence. Consequently, to receive compensation for these losses, an injured victim must be able to show that the responsible party failed to take reasonable care in operating or maintaining their vehicle, or acted recklessly on the road.
As a result of the enormous weight and size of these vehicles, the victims are prone to suffering severe injuries even in minor accidents. It is vital to seek medical attention immediately even if the injuries appear to be minor. This will not only ensure your health and well-being but also provide vital evidence for your possible injury claim. This will help the insurance company know the full extent of your injuries. It could also stop them from arguing that you're not as injured as you claim.
It is also crucial to keep track of any expenses related to your accident. You should keep track of any travel costs 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, which may be totaled in a serious crash, and also personal items such as watches and other jewelry.
It is normal for the insurance company to try to contact you shortly after your crash to offer an agreement. But, you should stay clear of talking to them or accepting a settlement without consulting a knowledgeable truck accident lawyer. They are often trying to convince you to accept lower offers that don't pay for your accident-related costs. A reputable lawyer can look over your documents and provide you with a precise estimate of the value of your case.
Your lawyer will also determine if any additional damages, like punitive damages, are available. These are damages designed to punish the person who committed the offense, and discourage others from engaging in similar behaviour.