How to File a Truck Accident Claim
The majority of truck accidents are caused due to negligence on the part of a trucker or trucking firm. In most cases, victims of injury are required to make a claim to receive full compensation for accident-related costs.
Medical bills are a common expense for those who have suffered from a truck accident. Insurance companies may request an independent medical examination to determine the severity of your injuries and the impact they have on your daily life.
Medical Care
When you are in a truck accident, you need immediate medical care to ensure your health and safety. If you seek medical attention as fast as possible will aid you to document your injuries to use them as evidence in your claim. This will also assist you to create more convincing evidence that your injuries were the result by the accident.
Medical expenses are a foundational element of any personal injury claim. They provide evidence of the severity of your injuries and how they have affected your life. Without proper documentation of your injuries, you may not be able claim full compensation for all your injuries.
In some cases, medical care might be so extensive that it prevents you from working or going back to normal activities. When this happens you could be eligible to receive the loss of income. Additionally, you may be eligible for reimbursement for the costs of any assistive devices you need in order to be able to live your life as normal as possible.
In the event of an accident, several parties can be held accountable for the crash of a truck. The parties that could be held accountable include:
Truck drivers: Drivers of trucks can be employees of companies who are bound by a contract to work for an employer, or independent owner-operators who operate their vehicles on behalf of themselves or a shipper they contract with. Truck drivers who are reckless, negligent or engaged in unsafe driving can be held responsible for the resultant accident.
Other drivers: If a driver's negligence led to the crash, that driver could be held accountable. Other drivers are usually accountable for truck accidents, especially when the other driver was driving recklessly or distracted.
bloomington truck accident lawsuit might try to minimize your claim, by shifting blame by recording your statements against you, or tricking you into admitting guilt. You must hire an experienced truck accident attorney. Your attorney will fight for your rights and will ensure that the responsible party pays the amount you are owed.
Lost Wages
While fender-benders and parking area scrapes are commonplace for cars that are driven by passengers however, the same can't be said of truck accidents. These kinds of crashes are more serious and more likely cause permanent disability or long-term injury. These crashes also involve heavy loads, which can put occupants at greater risk. There are many different types of truck drivers, such as owner-operators who own their own trucks and contract with shippers to haul goods for a fee, or corporate drivers who operate the vehicles owned by their employers. Both parties could be held accountable for collisions that involve a commercial vehicle depending on the circumstances.
Anyone who is injured in a crash involving a truck and is unable work, may receive compensation for lost wages. They are according to the amount of money they could have earned during the time they were unable to work because of their injuries. This includes regular pay and benefits like paid time off or overtime.
Before awarding damages for lost wages, a judge generally examines a letter from the injured party's doctor that details their treatment plan and explains the reason they were unable 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 the injury is also required.
Once the evidence is gathered, your attorney will prepare a package of demands that outlines the amount you've suffered as a result of the truck accident. This is then sent to other driver's insurance company with clearly stating the facts of the situation and how you were hurt and the amount you are requesting. There may be back-and-forth communication during this negotiation process, and if an agreement is not reached, your lawyer will start a lawsuit on your behalf.
In most situations, a claimant is able to get back lost wages through the bodily injury liability insurance of the driver who was at fault. If this isn't possible the person who has been injured can make a claim through their own insurance company for their automobile. This is only limited to the maximum amount of their personal injury protection coverage (PIP).
Pain and Suffering
In addition to financial losses truck accidents often result in substantial emotional and physical pain. These non-economic damages are hard to quantify, but they still need financial compensation. A knowledgeable New York truck accident lawyer can evaluate your case and determine the potential value of your non-economic damages.
One good example of a non-economic loss is the inability to pursue hobbies or engage in your favorite pastimes because of injuries. You could also be missing going on vacations and other activities that make life enjoyable, and you deserve compensation for this loss. Loss of consortium and loss in enjoyment of life are both examples of non-economic losses.
If you are injured in an accident with a large truck, it is important to seek medical attention as soon as possible. This will not only help you maintain your health but also serve as an invaluable document in any future personal injuries claims. Even if your injury appears small, it's important to undergo a thorough assessment. Over time an expert in medical care can determine how serious your injury really is and will provide you with the correct treatment.
The next step is to have your attorney review all the evidence and compile an official demand letter setting forth your compensation needs. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. Your lawyer will be ready to bring them to trial if they are unable to accept your demands. This will show them that you are not going to give up and they must be treated with respect if they wish for you to receive a fair amount of compensation.
Be prepared for the party at fault's insurance provider to contact you about the collision and your injuries. They are usually "wolves in sheepskins" and will try to get you to give them details that they can manipulate and use against your settlement in court. By making your lawyer the sole handler of all communications with insurance companies and others, you'll be able to make sure that you don't make any statements that could be used against you.
Damages
Damages are the most significant component of any truck crash claim. These may be economic like medical bills and lost wages, or non-economic, such as pain and suffering. In both instances however, there's one thing that all damages share: they are the result of negligence by another party. To be eligible for compensation the victim must show that the responsible party did not use reasonable care when operating their vehicle or acted recklessly while on the road.
Due to the enormous size and weight of these vehicles, victims can suffer devastating injuries in even the most minor of accidents. Even if your injuries aren't serious it is essential to seek immediate medical attention. This will not only ensure your health, but also provide vital evidence for any injury claim that could be filed. This will allow the insurance company to comprehend the full extent of your injuries and could keep them from arguing that you are not as seriously injured as you claim.
It is also important to keep track of all costs that result from your accident. You will need to keep an eye on any travel expenses you incur to get to doctor's appointments or other treatments. Also, any property damage that is caused by the accident. This includes your car that could be damaged to the point of total loss as well as other personal items such as watches and jewelry.
It is normal for the liable party's insurance company to try to reach you within a few hours of your crash to offer an agreement. However, you should be wary of talking to them or agreeing to a settlement without first consulting an experienced truck accident lawyer. These representatives will often try to convince you to accept lower settlements that don't cover incident-related expenses. A knowledgeable lawyer can review your records and give you a precise estimate of the value of your case.
Your lawyer will also be able determine if additional damages, such as punitive damage, are available. These are damages that are intended to penalize the perpetrator and discourage others from engaging in similar behavior.