If you are involved in a truck accident, it is important to take steps to protect your rights. Many of them are caused by driver negligence, and as a victim, you may be able to file a lawsuit against the driver or the trucking company. Here are some tips on how to protect your rights after a truck accident.
Find A Lawyer
It’s always smarter to have legal representation during a traffic accident, especially so in complex cases like this. Finding a firm that has good truck accident lawyers will give you an advantage in proving your case. If you have been injured, make sure to find an experienced personal injury lawyer who can help you get the compensation that you deserve.
There are many law firms that will offer a free consultation. This is a great way to learn about your options and what the firm can do for you. During this consultation, be sure to ask about their experience with cases like yours and how they plan on handling your case. You should also ask about their fees so that you know what to expect.
Document Your Injuries
Truck accidents always carry different heavy injuries with them which is why it is always important that you document your injuries. This will help you get the right medical attention and also ensure that you are compensated fairly. If you have any visible bruises, cuts, or swellings, make sure to take pictures of them. It is also important to keep a record of all the medical appointments that you have to go to along with the bills and receipts. This will help build a strong case if you plan on filing for compensation.
Always ask your doctor for a detailed report of your injuries and make sure to keep copies of everything. If your injuries require you to take time off from work, make sure to keep records of that as well. This will all be important evidence if you plan on taking legal action.
Keep Your Medical Bills
It would also be smart to keep your medical bills as evidence. If the other driver’s insurance company offers to pay your medical bills, don’t accept. Instead, ask them to send a check made out to you or your health care provider. This way, you’re not paying anything out of pocket and you have documentation of all the costs associated with the accident.
If you’ve been involved in a truck accident, there are some important things to remember in order to protect your rights. First and foremost, it’s important that you seek medical attention as soon as possible. Not only is it important for your health, but seeking medical attention will also help to document the injuries that were caused by the accident.
Get The Authorities Involved
It’s very likely that the police will need to come to the scene which is why it’s important to always follow traffic laws. A report they make could be used in your favor later down the road.
When giving a statement, make sure you tell the truth without exaggerating any details. The police will be able to tell if you’re being truthful or not and it could come back to bite you later. Ask for a copy of the police report as this will be very helpful to have later on.
The police will stabilize the scene and will help to preserve any evidence that may be important. This is especially important if there are injuries involved. They will also talk to any witnesses who may have seen what happened.
If you are able, taking pictures of the scene like this can be helpful later on. Be sure to get pictures of any damage to both vehicles as well as any skid marks or debris that may be present.
Determine Liability
There are tons of things that can cause a trucking accident. These are the following:
- Driver error
- Fatigue
- Speeding
- Reckless driving
- Improperly loaded cargo
- Vehicle maintenance issues
- Heavy/uneven luggage
After you have gathered all of the information, you need to start determining who is liable for the accident. If the truck driver was at fault, then their employer may also be held liable. If a mechanical issue caused the accident, then the truck’s manufacturer may be held liable.
If the accident was caused by a roadway condition, then the governmental agency responsible for maintaining that roadway may be held liable. An experienced personal injury lawyer can help you determine who is liable and get you the compensation you deserve.
Contact Your Insurance Agency
It’s important that you talk to your insurance agent as soon as possible after the accident. If you wait too long to notify your insurer, they may deny your claim or reduce the amount of money they’re willing to pay.
Your insurance company will likely assign an adjuster to your case. The adjuster’s job is to investigate the accident and determine how much money the insurer should pay you. The adjuster will also negotiate with the other driver’s insurance company on your behalf.
If you’re not happy with the way your insurance company is handling your claim, you can file a complaint with your state’s department of insurance. What you should know is that either your, or the other party’s insurance agency should pay for the damages caused by the accident, depending on what happened.
File A Compensation Claim
Once you have all the information you need, you must file a compensation claim within the specified time limit. This is usually three years from the date of the accident, but it can be less in some circumstances. To do this, you must complete a Personal Injury Claim Form and send it to the at-fault driver’s insurance company. The form is available on the Ministry of Transportation website.
If you were not at fault for the accident, filing a compensation claim should be straightforward. However, if liability is disputed, you may need to provide additional information to support your claim. An experienced personal injury lawyer can help you gather evidence and build a strong case. They can also negotiate with insurance companies on your behalf to get the best possible settlement.
You need to protect your rights when you get into a truck accident and a lawyer can help you tremendously. Make sure to document the injuries and keep all the medical bills you have. Get the authorities involved and get a report. Make sure to determine who’s at fault for the accident and prove that it wasn’t you. After that, contact the insurance agency to get a payment and file a compensation claim to get what you deserve. Be careful on the road!
