How to File a Truck Accident Claim
The majority of truck accidents are caused by negligence on the part a truck driver or trucking company. Injured victims typically have to file a lawsuit to obtain full compensation for 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 severity of your injuries and the impact they have on your daily activities.
Medical Care
If you're involved in a car accident, you need immediate medical attention to ensure your health and safety. Also, seeking medical attention as soon as you can will make it easier to record your injuries in your claim. This will also allow you to create more convincing evidence that your injuries occurred due to the accident.
Medical expenses are an essential component of any personal injury claim. They provide evidence of the severity of your injury and how it has affected your life. Without solid documentation of your injuries, you could be unable to recover full compensation for all of your losses.
In some instances medical care may be so extensive that it stops you from working or going back to normal activities. When this happens you could be able to claim compensation for the loss in income. You may also be eligible to receive reimbursement for the cost of any assistive device you require to live in a normal way.
As in any accident, there are several parties that could be held liable for an accident involving a truck. They include:
Truck drivers: They can be employees of a company, who have a contract to drive for a particular employer or independently owned operators. They operate their trucks on behalf of their own company or the shipper for whom they have agreements. Truck drivers who are reckless, negligent or engaged in unsafe driving may be accountable for causing an accident.
Other drivers: If a driver's negligence led to a crash, that person may be held responsible. Other drivers are usually accountable for truck accidents, especially when the driver in question was driving recklessly or was distracted.
The parties at fault may attempt to reduce your claim by trying to minimize the blame, recording your statements against you, or even tricking you into admitting to fault. It is essential to employ an experienced truck accident lawyer. Your attorney will fight for your rights and will ensure that the responsible party pays what you are owed.
Lost Wages
While fender-benders and parking lot scrapes are normal for passenger cars However, the same cannot be said of truck accidents. These accidents are more serious and more likely to result in long-term injuries and permanent disabilities. These crashes also involve heavy loads, which can cause occupants to be at risk. There are a variety of truck drivers. Owner-operators, who own their vehicles and contract with shippers for a fee to haul 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 incident.
A person who is injured in a crash involving a truck and is unable to work could be entitled to compensation for lost wages. These are calculated by the amount of the money they could have earned while they were unable work because of their injuries. This includes not only regular wages, but also benefits like paid time off and overtime.
In order to award damages for lost wages, a judge generally reads a letter from injured party's doctor, which describes their treatment plan and explains why they were unable to work. A letter from the individual's employer is also required that confirms their hourly or salary wage, and the number of days they were unable go to work because of their injury.
Once the evidence has been gathered, your attorney will prepare a package of demands that outlines the amount you have lost due to the truck accident. This is then sent to insurance company of the other driver. It includes clearly stating the facts of the case and how you were hurt and the amount you are requesting. Negotiations may include back-and forth communication. If an agreement is not able to be reached the lawyer will file a suit on your behalf.
In most cases, a claimant can recover lost wages from the bodily injury liability insurance of the driver who was at fault. If quincy truck accident attorney is not possible, an injured person can file a claim with their own auto insurance company. It will only be limited to the maximum amount of their personal injury protection coverage (PIP).
Pain and Suffering
Truck accidents can cause emotional and physical pain in addition to financial losses. These non-economic losses are typically harder to put a dollar figure on, but they still warrant monetary compensation. A New York truck accident attorney can evaluate your case to determine the value of your noneconomic damages.
A great example of an economic loss is the inability to pursue hobbies or participate in favorite pastimes due to injuries. You may miss out on holidays or other activities that make your life more enjoyable. You are entitled to compensation for these losses. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life.
If you're injured as a result of an accident with a huge truck, it's important to seek medical attention as soon as possible. This will not only assist you maintain your health but also serve as a valuable document for any future personal injury claims. It is also essential to undergo an accurate medical assessment, even if your injuries seem minor at the time. In time an expert medical professional will determine how serious your injury really is and will give you the right treatment.
Your attorney will review all the evidence and draft an order letter that outlines your needs for compensation. Your lawyer will then send the demand letter to the at-fault parties and their insurance companies. If they are unwilling to accept your demands, your lawyer will be ready for the court. This is a sign that you are not willing to back down, and that they should treat you with respect should they decide to offer you a fair amount of compensation.
Be prepared for the insurance company of the responsible party to contact you about the collision and any injuries that you sustained. They are often "wolves in sheepskins" and will attempt to get you to give them information that they can make up and use against your settlement in court. You are able to avoid making statements that could be used against you by having your attorney handle all communications with insurance companies and others.
Damages
The most significant element of an accident claim involving a truck is damages. Damages can be economic (medical expenses and lost wages) or non-economic (pain and suffering). All damage is caused by negligence. To be awarded compensation the victim must prove that the person responsible did not take reasonable care while operating their vehicle or acted in reckless manner while driving.
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. Even if your injuries aren't severe it is crucial to seek medical attention as soon as possible. This will not only protect your health and well-being but also provide crucial evidence for your possible injury claim. This will allow the insurance company to be aware of the full impact of your injuries and may stop them from arguing that you aren't as severely injured as you claim.
Similarly, it is vital to keep records of all expenses related to your accident. This includes expenses you incur to get to doctor's appointments or other treatments in addition to any property damage that occurs as a result of the accident. This includes your car which could be ruined in addition to other personal items like watches and jewelry.
Insurance companies will often contact you to offer a settlement shortly after an accident. It is not advisable to contact them or accept a settlement before consulting with a knowledgeable truck accident lawyer. They often try to entice you to accept low offers that do not adequately cover the expenses associated with an accident. A knowledgeable lawyer will review your records and give you an accurate estimate of the worth of your case.
In addition your lawyer will determine if additional damages are available, such as punitive damages. These are damages designed to punish the perpetrator, and discourage others from engaging in similar conduct.