How to File a Truck Accident Claim
The majority of truck accidents are the result of inattention on the part of the truck driver, or a trucking company. The injured victims usually have to file a lawsuit in order to get full compensation for any injuries and expenses resulting from accidents.
Medical bills are a common expense for those who have suffered from a truck accident. The insurance company for the responsible party may request an independent medical examination to be able to see the extent of your injuries and how they affect your daily life.
Medical Care
You should seek immediate medical attention following an accident with a truck to ensure your safety and health. Receiving medical attention as quickly as you can will help you to document the injuries you sustained in order to use them as evidence in your claim. This will help you build more convincing evidence that your injuries occurred because of the accident.
Medical expenses are a foundational component of any personal injury claim. They provide evidence of the severity of your injuries and how they have affected your life. You may not be eligible to get full compensation if you do not have solid documentation of your injuries.
In certain cases, the medical care may be so that you are unable to work or return to your usual activities. In this instance you could be entitled to compensation for lost income. You may also be eligible for reimbursement of the cost of any assistive device you need to live an ordinary life.
Like any other accident, there are multiple parties who could be held accountable for a truck accident. These parties include:
Truck drivers: They can be employees of a company, who have a contract to drive for a specific employer or independent owner-operators. They operate their trucks on behalf of themselves or for the shipper with whom they have an agreement. When truck drivers are negligent or reckless, or performing unsafe activities on the road, they can be held accountable for causing a crash.
Other drivers: If another driver's negligence contributed to an accident, that driver could be held accountable. Other drivers are often blamed for truck accidents, particularly when the other driver was driving recklessly or was distracted.
The responsible parties might try to deny your claim by avoiding the blame, recording your statement against you, or even tricking your into admitting fault. You need to hire an experienced truck accident lawyer. Your lawyer will fight for your rights and make sure the responsible party pays what you're due.
Lost Wages
While fender-benders as well as parking lot scrapes are normal for cars that are driven by passengers but the same cannot be said for truck accidents. These accidents are more serious and are more likely to result in permanent injuries and disabilities. These crashes also involve heavier loads, which can put occupants at greater risk. There are a variety of truck drivers. Owner-operators who own their vehicles and contract with shippers for a cost to haul goods or company drivers, who operate vehicles owned by their employers. Both are liable for a crash that involves commercial vehicles, based on the circumstances of the incident.
A person who is injured in a truck crash and is unable work, may receive compensation for lost wages. These are calculated in relation to the amount earnings they could have made in the time they were unable to work because of their injuries. This includes regular wages along with benefits such as paid time off or overtime.
In order to award damages for lost wages, a judge normally reads a letter from doctor who treated the injured party that describes their treatment plan and explains why they were unable to work. A letter from their employer confirming their earnings, hourly wage and the number of days that they were unable to go to work because of the injury is also required.
After all the evidence is collected and analyzed, your lawyer will draft the demand document that details how much you have lost due to the truck crash. This is then sent to insurance company of the other driver with clearly stating the facts of the case and how you were hurt and the amount you're requesting. Negotiations can include back and forth communication. If an agreement cannot be reached the lawyer will file a lawsuit on your behalf.
In most cases, a person can claim compensation for lost wages under the at-fault driver's liability bodily injury insurance. If this isn't feasible an injured person could file a claim with their own insurance company for their automobile. This will only be up to the limits of their personal injury protection coverage (PIP).
Suffering and Pain
In addition to financial losses truck accidents can result in substantial physical pain and emotional distress. These non-economic damages are difficult to quantify, yet they need financial compensation. A skilled New York truck accident lawyer can examine your case and determine the potential worth of your non-economic damages.
A great example of a non-economic loss is the inability to pursue hobbies or engage in your favorite pastimes due injuries. You may be unable to take vacations or other events that make your life enjoyable. You are entitled to compensation for these losses. Other examples of non-economic losses include loss of consortium and enjoyment of life.
It's important to seek immediate medical attention for any injuries caused by a collision with an enormous truck. This will not only aid in ensuring your health and safety, but it could also be an important document for any future personal injury claims. Even if your injury appears small, it's important to conduct a thorough examination. After a while an expert in medical care can determine how serious your injury really is and provide you with the correct treatment.
Next, your attorney will go through all the evidence and draft an order letter that outlines your requirements for compensation. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. If they refuse to settle your demands your lawyer will be prepared to bring them to court. This indicates that you will not back down and that they must be treated with respect in the event that they want to pay you a fair and reasonable amount.
Be prepared for the insurance company of the party at fault to reach out to you regarding the collision and any injuries that you sustained. They're usually "wolves in sheepskins" and will try to get you to give them information that they can twist and use against your settlement in court. You can avoid making statements that may be used against your own interests by letting your attorney manage all communications with insurers and other parties.
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 such as suffering and pain. In both cases however, there's one thing that all damages share they are the result of negligence by another party. In bethlehem truck wreck lawyer to claim compensation for these losses, an victim of injury must be able to show that the responsible person failed to exercise reasonable care in operating or maintaining their vehicle or was reckless on the roads.
Even minor accidents can cause devastating injuries due to the weight and size. Even if your injuries aren't serious it is essential to seek medical attention as soon as possible. This will not only guarantee your health and well-being but also provide crucial evidence for your injury claim. This will help your insurance provider understand the full extent of your injuries and can help them avoid arguing that you're not as severely injured as you claim.
Additionally, it is crucial to keep a record of all expenses incurred in connection with your accident. This includes travel expenses you incur in order to travel to appointments with a doctor or other treatments in addition to any property damage sustained in the crash. This includes your car which could be ruined as well as other personal belongings like jewelry and watches.
It is normal for the liable party's insurance company to attempt to contact you within a few hours of your crash to offer an offer of settlement. You should not talk to them or accept a settlement before consulting with an experienced truck accident lawyer. These people often try to lure you into accepting bargains that do not provide enough coverage for the costs associated with your accident. A lawyer with experience will be able review your records and give you a fair estimate of your case.
Your lawyer will also be able determine if additional damages, like punitive damages, are offered. These are damages intended to penalize the offender and deter others from engaging in similar behaviour.