How to File a Truck Accident Claim
The majority of truck accidents are caused by negligence on the part a trucker or trucking company. In most cases, victims of injury are required to bring a lawsuit to get compensation for all accident-related expenses.
Medical bills are a typical cost for victims of truck accidents. The insurance company of the responsible party could require an independent medical examination to obtain a clear picture of your injuries and how they affect your daily routine.
Medical Care
You should seek immediate medical attention after an accident with a truck to ensure your safety and health. Getting santa ana truck accident lawsuit as soon as you can will also allow you to record your injuries to use them as evidence in your claim. This will also allow you to build an argument that your injuries were the result by the accident.
Medical expenses are an important element of any claim involving personal injury. They are a way to show the extent of your injury and how it has affected your life. You may not be able get the full amount of compensation if do not have solid documentation of your injuries.
In certain instances medical treatment may be so extensive that it prevents you from working or returning to your normal routine. In this situation you could be entitled to compensation for lost income. Additionally, you may be entitled to reimbursement for the cost of any assistive device you need in order to live your life as normal as possible.
As with any accident, several parties could be accountable for the crash of a truck. These parties include:
Truck drivers: Truck drivers can be employees of a company under contract to work for a particular employer or independent owner-operators who operate their trucks for their own company or a shipper they contract with. Truck drivers who are reckless, negligent or engaged in unsafe driving may be held accountable for creating an accident.
Other drivers If the carelessness of another driver led to the crash, the driver could be held accountable. Other drivers are usually held responsible for truck accidents, particularly when the driver who was at fault was reckless or was distracted.
The responsible parties could try to reduce your claim by shifting blame, recording your statements against you, or even tricking you into admitting to fault. This is why you should to work with an experienced truck accident lawyer. Your lawyer will fight for your rights and ensure that the responsible party pays what you are owed.
Lost Wages
While fender-benders, parking lot scrapes are the norm for passenger vehicles however, the same can't be said about truck crashes. These collisions are more serious and more likely to cause permanent injuries and disabilities. These crashes also carry heavier loads, which can cause occupants to be at risk. There are a variety of truck drivers. Owner-operators who own their trucks and contract with shippers for a cost to haul goods or company drivers who operate vehicles that are owned by their employer. Both parties could be held accountable in collisions that involve a commercial vehicle depending on the circumstances.
Someone who is injured in a collision with a truck and is unable to work could be entitled compensation for lost wages. They are by the amount of the money they could have earned during the time they were unable to work because of their injuries. This includes not just regular salaries, but benefits like paid time off and overtime.
Before awarding damages for lost wages, a judge usually reads a letter from doctor who treated the injured party that provides a treatment plan and explains the reason they were unable to work. A letter from the person's employer is also required. It confirms their wage or hourly wage, and the number of days they were unable attend work due to their injury.
Once all the evidence is collected after which your lawyer will draft an order form that outlines the amount you've lost due to the truck crash. The package will be sent out with a clear message to the insurance company of the other driver, providing the facts of the case as well as the extent of your injuries. Negotiations can include back and forth communication. If a deal cannot be reached, your lawyer will file a suit on your behalf.
In most cases, a plaintiff can get compensation for lost wages through the bodily injury liability. If this isn't feasible the injured person may submit a claim to their own auto insurance company. This is only in the amount of their personal injury protection insurance (PIP).
Suffering and Pain
In addition to financial losses truck accidents often result in substantial emotional and physical pain. These non-economic losses are typically harder to put a dollar figure on, yet they do need to be compensated in monetary terms. A New York truck accident attorney can examine your case and determine the value of your non-economic damages.
A great example of an economic loss is the inability to pursue hobbies or take part in favorite pastimes due to injuries. You might miss out on vacations or other events that make your life more enjoyable. You deserve compensation for these losses. Other examples of non-economic losses are loss of consortium and enjoyment of life.
It's important to seek immediate medical attention for any injury after a collision with the size of a truck. This will not only assist you to maintain your health but will also be a valuable document for any future personal injuries claims. Even if the injury seems minor, it's crucial to get a thorough analysis. In time medical professionals will be able to determine the extent of your injury and offer you the proper treatment.
Your attorney will review all the evidence and then draft the demand letter detailing your demands for compensation. Your lawyer will send the letter to the parties at fault and their insurance companies. Your lawyer will be able to go to trial if they refuse to comply with your demands. This indicates that you are not willing to back down, and that they should be treated with respect when they are attempting to offer you a fair amount of compensation.
Also, be prepared for the at-fault party's insurance company to contact you regarding the accident and your injuries. They're usually "wolves in sheepskins" and will try to get you to give the information they will manipulate and use against your settlement in court. By having your lawyer handle all communications with insurance providers and others, you'll be able to stay clear of making statements that could be used against you.
Damages
The most significant element of an accident claim involving a truck is the damages. The damages can be either economic (medical bills and lost wages) or non-economic (pain and suffering). All damages are caused by negligence. In order to claim compensation for these losses, an injured victim must prove that the liable party failed to take reasonable care in operating or maintaining their vehicle, or negligently acted on the road.
As a result of the huge size and weight of these vehicles, the victims can suffer devastating injuries even in minor of accidents. Even if you feel that your injuries aren't too serious, it is important to seek immediate medical care. This will not only ensure your health and well-being but also provide crucial evidence for a potential injury claim. This will help your insurance company know the full extent of your injuries, and may prevent them arguing that you're not as injured as you claim to be.
It is also crucial to keep track of any expenses that result from your accident. It is essential to keep the track of any travel expenses you incur in order to get to doctor's appointments or other treatments. Also, any property damage that was caused by the accident. This includes your vehicle, which may be totaled in a serious crash, and personal belongings such as watches and other jewelry.
It is normal for the insurance company of the responsible party company to try to contact you within a few hours of your crash to offer an agreement. Do not contact them or accept a settlement prior to consulting with an experienced truck accident lawyer. They are often trying to convince you to accept low settlements that don't cover expenses resulting from the accident. A lawyer with experience will be able review your documents and provide you with 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 offender and discourage others from engaging in the same behavior.