How to File a Truck Accident Claim
The majority of accidents on trucks are caused by negligence on the part the truck driver, or a trucking company. Injured victims often have to file a lawsuit to obtain full compensation for injuries and expenses resulting from accidents.
Medical expenses are a cost that victims of truck accidents typically must pay. The insurance provider for the responsible party could require an independent medical exam to determine the extent of your injuries and how they affect your daily routine.
Medical Care
You should seek medical attention immediately following an accident involving a truck to ensure your safety and health. Also, seeking medical attention as quickly as possible will make it easier to note your injuries in your claim. This will help you to build more convincing evidence that your injuries were caused because of the accident.
Medical expenses are an important element of any claim involving personal injury. detroit truck wreck lawyer provide evidence of the severity of your injuries and how they have affected your life. Without solid documentation of your injuries, you may not be able to claim the full amount of your losses.
In certain cases, the medical care may be so long that you're unable to work or return to your regular activities. In this instance you could be entitled to compensation for the loss of income. You could also be entitled to reimbursement of the cost of any assistive device you need to live the normal life.
As in any accident, there are multiple parties who can be held responsible for the consequences of a truck crash. These parties include:
Truck drivers: Truck drivers may be company employees who are under contract to work for a specific employer or an independent owner-operators who operate their trucks for themselves or a shipper they contract with. If truck drivers are negligent, reckless, or otherwise engaged in unsafe conduct on the road, they may be held responsible for causing accidents.
Other drivers In the event that the negligence of another driver contributed to a crash that person could be held responsible. Other drivers are usually accountable for truck accidents, specifically when the other driver was driving recklessly or was distracted.
The responsible parties might try to minimize your claim by deflecting the blame, recording your statement against you, or deceiving you into admitting to fault. This is the reason you need to work with an experienced truck accident lawyer. Your attorney will fight for your rights and ensure the liable party pays what you are owed.
Lost Wages
While fender-benders and parking area scrapes are the norm in passenger cars, the same cannot be said about truck crashes. These accidents are more serious and more likely to result in permanent injuries and disabilities. These crashes also carry more weight, which can cause occupants to be at risk. There are a variety of truck drivers, which include owner-operators who own their own vehicles and contract with shippers to transport goods for a fee or corporate drivers who operate the vehicles owned by their employers. Both parties could be held liable for an accident that involves commercial vehicles based on the circumstances.
Anyone who is injured in a truck crash and cannot work may be entitled to compensation for the loss of wages. The amount they could have earned during the time they were not able to work due to their injuries is used to determine the compensation. This includes regular wages along with benefits such as paid time off or overtime.
Before awarding damages for lost wages, a judge typically reviews a letter from the doctor who treated the injured party that outlines their treatment plan and explains the reason they were unable to go to work. A letter from the victim's employer is also required. It is proof of their hourly or monthly wage, as well as the number of days they were unable to go to work because of their injury.
After all evidence has been collected and analyzed, your lawyer will draft an order form that outlines the amount you've lost as a result of the truck crash. The demand package is sent as an explicit message to the insurance company of the other driver, detailing the details of the case as well as the extent of your injuries. Negotiations can include back and forth communication. If an agreement is not able to be reached then your lawyer will file a lawsuit on your behalf.
In the majority of instances, a plaintiff is able to get compensation for lost wages through the at-fault driver's liability bodily injury coverage. If that is not available or not available, the person who was injured by an uninsured or underinsured motorist can make a claim through their car insurance company, up to their personal injury protection (PIP) coverage limit.
Suffering and Pain
In addition to financial loss truck accidents can cause significant emotional and physical distress. These non-economic damages are usually more difficult to estimate a dollar value on, but they nevertheless warrant monetary compensation. A New York truck accident attorney can review your case to determine the value of your noneconomic damages.
A good example of a non-economic loss is the inability to engage in hobbies or in your favorite pastimes because of injuries. You may be unable to take trips or other activities that make your life enjoyable. You deserve compensation for these losses. Loss of consortium and loss in enjoyment of life are other examples of non-economic losses.
It is imperative to seek prompt medical attention for any injury that results from a crash involving large trucks. This will not only assist you to maintain your health but also serve as an important document to file any future personal injuries claims. Even if the incident appears small, it's important to have a thorough evaluation. As time passes an expert in medical care can determine the severity of your injury is and will provide you with the correct treatment.
The next step is to have your attorney review all evidence and then draft a demand letter which sets forth your compensation needs. Your lawyer will forward the letter to the parties at fault and their insurance companies. If they do not agree to meet your demands your lawyer will be ready to bring them to court. This shows them that you are not going to back down and they should treat you with respect if they want you to receive a fair amount of compensation.
Be prepared for the insurance company of the party responsible to reach out to you regarding the accident and any injuries that you suffered. They are often "wolves in sheepskins" and will attempt to convince you to provide them details that they can make up and use against your settlement in court. By having your lawyer handle all communications with insurance companies and other parties, you will stay clear of making statements that could be used against you.
Damages
The most important thing to consider is the damages component of any truck crash claim. Damages can be financial (medical bills loss of wages) or non-economic (pain and suffering). In both instances, however, there is one thing that all damages share and that is that they result of negligence by another party. Consequently, to receive compensation for these losses, an injured victim must be able to prove that the liable party did not exercise reasonable care in operating or maintaining their vehicle, or acted recklessly on the road.
Even minor accidents can cause devastating injuries due to weight and size. It is vital to seek medical attention immediately even if the injuries appear to be minimal. This will not only guarantee your health and well-being but also provide crucial evidence for your possible injury claim. This will help the insurance company comprehend the full extent of your injuries. It could also stop them from arguing that you aren't as severely injured as you claim.
Similarly, it is vital to keep a record of all costs related to your accident. You must keep all travel costs you incur 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 in addition to other personal items like jewelry and watches.
Insurance companies are often contacted to offer a settlement shortly after a crash. However, you should steer clear of engaging with them or signing a settlement agreement without consulting a knowledgeable truck accident attorney. They will often attempt to entice you into accepting bargains that do not adequately cover your accident-related expenses. A reputable lawyer can review your records and provide you with an accurate estimate of the worth of your case.
Your lawyer will also be able determine if any additional damages, like punitive damages, are offered. These are damages that are intended to punish the wrongdoer and deter others from engaging in similar behavior.