How to File a Truck Accident Claim
The majority of accidents on trucks are caused by negligence on the part a truck driver or trucking company. Injured victims typically have to file a lawsuit to get full compensation for any accident-related expenses.
Medical bills are a cost that victims of accidents involving trucks often have to cover. Insurance companies can request an independent medical exam to determine the severity of your injuries and their impact on your daily life.
Medical Care
You need to seek medical attention immediately following a truck accident to ensure your health and safety. In addition, getting medical attention as soon as you can will make it easier to record your injuries in your claim. This will also allow you to build more convincing evidence that your injuries are the result of due to the accident.
Medical expenses are a crucial aspect of any claim for personal injury. They show the extent of your injuries and how they have affected your life. You may not be able be compensated fully if you do not have proof of your injuries.
In some instances the medical treatment might be so long that you're unable to work or return to your normal activities. In this scenario, you may be eligible for compensation for loss of income. You could also be eligible for reimbursement of the cost of any assistive device you require to live the normal life.
As with any accident the parties involved can be held accountable for the crash of a truck. These parties include:
Truck drivers: Truck drivers can be company employees who are under contract to work for an employer or independent owner-operators who operate their trucks on behalf of their own company or a shipper they contract with. Truck drivers who are reckless, negligent or otherwise engaged in unsafe driving could be held accountable for the resultant accident.
Other drivers: If another driver's negligence led to an accident, that driver could be held responsible. It is common for other drivers to share liability in truck accidents, specifically when the other party was driving in a reckless manner or was distracted.
The parties responsible may try to minimize your claim by deflecting the blame or recording the statement against you, or bribing your into admitting fault. You should hire an experienced lawyer for your truck accident. Your attorney will fight to defend your rights and ensure the responsible party pays you what you are due.
Lost Wages
Truck accidents are not the commonplace. These accidents are more serious and more likely to cause permanent disability and long-term injuries. These crashes also carry larger loads, which could make the occupants more vulnerable. There are several different kinds of truck drivers, including owner-operators who own their own vehicles and contract with shippers to transport items for a fee, or company drivers who drive the vehicles owned by their employers. Both are liable for a crash that involves commercial vehicles, based on the circumstances of the accident.
A person who suffers an injury as a result of a truck accident that keeps them from working could be entitled to compensation for the loss of wages. The amount they could have earned during the time they were not able to work because of their injuries is used to determine the compensation. This is not just regular salaries, but benefits like paid time off and overtime.
Before awarding damages for lost wages, a judge generally 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 their employer that confirms their earnings, hourly wage and the number of days that they were unable go to work because of the injury is also required.
Once all the evidence is taken into consideration and analyzed, your lawyer will draft the demand document that details how much you have lost as a result of the truck crash. The package is sent to the insurance company of the other driver. It includes an unambiguous message that outlines the facts of the case and the extent of your injuries and the amount you're seeking. There could be back and forth communication during this negotiation process, and if a deal is not reached, your attorney will start a lawsuit on your behalf.
In most instances, a plaintiff is able to seek compensation for lost wages under the liability bodily injury coverage. If this isn't an option an injured person could make a claim through their own auto insurance company. This will only be limited to the maximum amount of their personal injury protection coverage (PIP).
Suffering and Pain
Truck accidents can cause emotional and physical pain along with financial loss. These non-economic losses are typically more difficult to quantify a dollar amount on, yet they do need to be compensated in monetary terms. A New York truck accident attorney will review your case to determine the value of your non-economic damages.
Injuries can cause you to not be able to participate in your favorite activities or activities. You could also miss out on vacations or other activities that make life more enjoyable and you're entitled to compensation for this loss. Other examples of non-economic losses are loss of consortium and enjoyment of life.
It is essential to seek immediate medical attention for any injuries caused by a collision with large trucks. This will not only aid in ensuring your health, but it will also serve as critical documentation for any future personal injury lawsuit. Even if the injury seems minor, it's essential to have a thorough evaluation. In time medical professionals can assess the severity of your injury and provide the right treatment.
Then, your lawyer will review all the evidence and then draft a demand letter outlining your requirements for compensation. Your lawyer will then send the demand letter to the at-fault parties and their insurance companies. If they do not agree to meet your demands your lawyer will be prepared for the court. This is a sign that you're not bending down and that they must treat you with respect when they are attempting to offer you a fair settlement.
Be prepared for the at-fault party's insurance company to reach out to you regarding the collision and your injuries. They are frequently "wolves in sheep's clothing," and they'll attempt to obtain information from you that they may 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'll make sure that you don't make any statements that could be used against you.
Damages
The most significant aspect of an accident claim involving a truck is the damages. These could be financial like medical bills and lost wages, or non-economic, like pain and suffering. In both cases, however, there is one thing that all damages share and that is that they result of the negligence of a third party. To receive compensation the victim must prove that the responsible party failed to exercise reasonable care while operating their vehicle or was reckless while on the road.
Even tennessee truck accident law firm could cause devastating injuries due to the size and weight. It is essential to seek immediate medical attention, even if your injuries appear to be minor. This will not only ensure your health and well-being but will also provide the necessary evidence for your injury claim. This will help your insurance company understand the full extent of your injuries and might help them argue that you're not as injured as you claim.
It is also essential to keep track of all costs related to your accident. It is essential to keep an eye on any travel expenses you incur in order to reach doctor's appointments and other treatments. Also any property damage that was caused by the accident. This includes your car, which could be totaled and other personal possessions such as watches and jewelry.
Insurance companies will often contact you to offer a settlement soon after a crash. It is not advisable to contact them or accept a settlement without consulting with an experienced truck accident lawyer. They will often attempt to entice you into accepting bargains that do not adequately cover the expenses associated with an accident. A reputable lawyer can look over your documents and provide you with a precise estimation of the value of your case.
Your lawyer can also determine if any additional damages, such as punitive damages, are offered. These are damages that are intended to punish the culprit and discourage others from engaging in similar behavior.