How to File a Truck Accident Claim
Most accidents on trucks are caused by negligence on the part of the truck driver or the trucking company. In most cases, victims of injury are required to start a lawsuit to get compensation for all accident-related costs.
Medical bills are an expense that victims of accidents involving trucks often need to pay. Insurance companies may demand an independent medical examination to determine the extent of your injuries and the impact they have on your daily life.
Medical Care
When you are injured in a collision with a truck you must seek medical care to ensure your health and safety. Receiving medical attention as quickly as possible will help you to document your injuries so that you can use them as evidence in your claim. This will also allow you build an argument that your injuries were caused by 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 affected your life. You might not be able to get full compensation if you do not have solid documentation of your injuries.
In some instances the medical treatment might be so that you are not able to work or resume your normal activities. In this case you may be able to get compensation for your lost income. Additionally, you may be entitled to reimbursement for the cost of any assistive device you need in order to make your life as normal as you can.
In every accident, there are multiple parties that could be held liable for the outcome of a truck accident. The parties that could be held accountable include:
Truck drivers: Truck drivers can be company employees who are under a contract to work for a specific employer or an independent owner-operators who operate their vehicles on behalf of the shipper they contract with. Truck drivers who are reckless, negligent or otherwise engaged in unsafe driving may be held accountable for causing an accident.
Other drivers: If the negligence of another driver caused a crash that person could be held responsible. It is typical for other drivers to share liability in truck accidents, particularly when the other party was driving in a reckless manner or was distracted.
The liable parties may try to deny your claim by avoiding the blame and recording your statement against you, or even tricking your into admitting fault. This is why it is important to consult with a seasoned truck accident lawyer. Your attorney will fight for your rights and ensure the responsible party pays you what you are owed.
Lost Wages
While fender-benders and parking lot scrapes are normal for passenger vehicles however, the same can't be said about truck crashes. These kinds of accidents are more severe and more likely to result in permanent injuries and disabilities. They also have more weighty loads that could put occupants in more danger. There are many different types of truck drivers. These include owner-operators who own their own trucks and contract with shippers to transport products for a charge or corporate drivers who operate the vehicles owned by their employers. Both are at risk in the event of a collision involving commercial vehicles, based on the circumstances of the crash.
A person who is injured in a car 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 unable work due to injuries is used to determine the amount of compensation. This includes regular salaries and benefits like paid time off or overtime.
A judge is usually required to review the doctor's statement prior to awarding damages to the person who was injured for lost wages. The letter must explain the plan of treatment as well as the reasons they were unable go 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 be at work due to their injury.
Once all evidence has been collected, your lawyer will prepare an offer letter that outlines the amount you've suffered as a result of the truck accident. This is then sent to insurer of the other driver. The package includes a clear message that states the facts of the case and how you were hurt and the amount you're asking for. There could be back-and-forth communications during the negotiation process and if a deal is not reached, your lawyer will file a lawsuit on your behalf.
In the majority of cases, a plaintiff can get the compensation for lost wages via the at-fault driver's liability bodily injury insurance. If this isn't feasible the person who has been injured can file a claim with their own auto insurance company. It will only be in the amount of their personal injury protection insurance (PIP).
Suffering and Pain
In addition to financial loss, truck accidents often cause significant emotional and physical pain. These damages that are not economic are difficult to quantify, yet they need financial compensation. columbia truck accident attorney can evaluate your case to determine the value of your noneconomic damages.
Injuries can cause you to be unable to take part in your preferred hobbies or pastimes. You might miss out on vacations or other events that make your life more enjoyable. You deserve compensation for these losses. Loss of consortium and loss in enjoyment of life are two other examples of damages that are not economic.
It is crucial to seek immediate medical attention for any injuries after a collision with large trucks. This will not only assist you to keep your health in good shape but also serve as a valuable document for any future personal injury claims. Even if the injury appears small, it's important to undergo a thorough assessment. In time an expert in medical care can determine how serious your injury really is and provide you with the proper treatment.
Next, your attorney will then review all evidence and then draft the demand letter detailing your needs for compensation. The lawyer will send the letter to the party responsible and their insurance companies. If they don't agree to your demands your lawyer will be ready to go to the court. This lets them know that you're not willing to back down and they should treat you with respect if they wish for you to be compensated fairly.
Be prepared for the insurance company of the person who was at fault to contact you about the collision and any injuries you sustained. They're usually "wolves in sheepskins" and will try to get you to give them information that they could twist and use against your settlement in court. By making your lawyer the sole handler of all communications with insurance companies and others, you can make sure that you don't make any statements that could be used against you.
Damages
Damages are the primary aspect of any truck accident claim. These could be financial like medical bills and lost wages, or non-economic like pain and suffering. All damage is caused by negligence. To receive compensation the victim has to prove that the responsible party did not use reasonable care when operating or maintaining their car or behaved recklessly on the road.
Due to the massive weight and size of these vehicles, victims can sustain severe injuries in even the most minor accidents. Even if your injuries aren't too serious it is essential to seek medical attention immediately. This will not only guarantee your health and well-being, but will also provide the necessary evidence for your injury claim. This will help your insurance company know the full extent of your injuries, and can help them avoid arguing that you're not as injured as you claim to be.
It is also crucial to keep track of any expenses incurred in connection with your accident. You will need to keep an eye on any travel expenses you incur to attend doctor's appointments as well as other treatments. Also any property damage that was caused by the accident. This includes your car, which could be totaled and other personal items like jewelry and watches.
It is typical for the liable party's insurance company to try to reach you within a few hours of your crash to offer an offer of settlement. However, you should steer clear of speaking with them or entering into a settlement without first consulting an experienced truck accident attorney. They will often attempt to entice you to accept bargains that do not provide enough coverage for the costs associated with your accident. A lawyer who is experienced will be able to examine your records and give you an accurate assessment of your case.
In addition your lawyer will be able to determine if additional damages are available, such as punitive damages. These are damages intended to penalize the offender and deter others from engaging in similar behaviour.