If you are considering how to file a claim after a delivery truck accident, it is critical to get medical attention, contact emergency personnel, gather supporting evidence, and notify your insurance company.
It may also be in your best interests to work with a Las Vegas delivery truck accident lawyer to help you file a successful claim.
Document the Scene (if Possible)
If you’re able to, make sure to properly document your Nevada accident in order to file your delivery truck accident claim. Capture as much evidence as possible. Take down the contact information of witnesses, exchange information with anyone involved in the accident, and take pictures.
Try to take pictures of the positions of the vehicles, road conditions, traffic signals, and skid marks. Also, take pictures of the delivery truck’s logo and license plate. If you have a dash cam, retrieve the video coverage of the accident.
In a delivery truck accident, pictures and video coverage can demonstrate the size difference between your vehicle and the truck and support your version of events. Without it, the at-fault party’s insurance could undervalue your claim or unfairly try to shift blame onto you.
Contact Emergency Services and Report the Accident to Local Authorities
Always call 911 after an accident, even if it seems minor. Law enforcement will need to conduct an investigation and create a police report. This report will carry a great deal of weight for your claim. Be sure to answer questions by sticking to the facts.
Delivery trucks must adhere to the Federal Motor Carrier Safety Administration (FMCSA) regulations and interpretations. Law enforcement can acknowledge any violations in their report, strengthening your claim. For example, if the delivery truck driver was not properly licensed or if they violated federal drug and alcohol rules, that can significantly affect the outcome of your claim.
Seek Immediate Medical Care
One of the most important aspects of any personal injury claim is establishing the extent of your injuries to recover damages. That starts with seeking immediate medical care after an accident. Even if you feel like you are not that hurt, it is important to have documentation.
At the hospital, doctors can examine and treat lacerations, broken bones or fractures, whiplash, and head injuries. Compensation is tied closely to your injuries, whether they have long-term implications, and how they affect your day-to-day life. When filing a delivery truck accident claim, you’ll need to include an estimate of present and future medical expenses related to the accident.
In addition, medical records can be used to establish a clear link between the crash and your injuries. If you delay care, the insurance company may be able to argue that your injuries were caused after the crash and not related to it.
Timely medical care can ensure you have detailed notes about your injuries. Some kinds of medical evidence that might be used in your accident include treatment plans, follow-up records, and bills that show your medical expenses. By prioritizing healthcare, it also shows you took your delivery truck accident seriously, giving more credibility to your claim.
Gather Important Evidence to Support Your Delivery Truck Accident Claim
The next step in filing a claim after a delivery truck accident involves gathering all important evidence. Some examples of evidence that may be specific to delivery truck accidents include:
- Driver logs
- Electronic logging device (ELD)
- GPS records
- Dashcam footage
- Maintenance logs
- Black box data
- Detailed medical records and medical source statements (MSS)
- Loading practices
- Delivery quotas
The delivery company may not readily provide this information. Retaining an experienced truck accident lawyer in Las Vegas can strengthen your case by sending demand letters specific to preserving this evidence. In addition, your attorney may be able to go through hiring and training records to ensure compliance with state and federal standards.
Notify the Insurance Company
It is also critical to notify your own insurance company of the accident. Properly notifying your insurance company keeps you in compliance with your policy.
When speaking to the agent, be sure to answer questions directly and stick to the facts. To protect the integrity of your claim, it may be in your best interests to avoid saying things that could be mistaken for accepting fault.
Consult With a Delivery Truck Accident Lawyer
One of the most important steps in filing a delivery truck accident claim is hiring a lawyer to protect your rights. While you are not required to have representation to file a claim, an attorney can help you navigate the various challenges.
Prevent Costly Mistakes
Common mistakes when filing an accident claim involve missing deadlines, sparse or incomplete evidence, failing to get medical attention, failing to follow through with medical advice, and inadvertently admitting fault.
These mistakes can lead to your claim being delayed or denied. However, hiring a personal injury attorney early on can help prevent costly mistakes and protect your right to compensation. Your lawyer can prepare and file your claim with the insurance company, ensuring deadlines and all criteria are met.
Preserve Hard-to-Obtain Evidence
Delivery truck accidents usually involve larger companies or third-party contractors. Companies are motivated to wrap up the investigation quickly so they can repair the damage and get the truck back on the road, destroying evidence.
If retained early, your lawyer can send out demand letters to preserve critical evidence. In addition, they can retain accident reconstructionists and other professionals to support your claim.
Negotiate on Your Behalf
Once the claim is filed after a delivery truck accident, settlement negotiations can begin. An attorney can submit a detailed demand package with strong supporting evidence and a list of all damages, including medical expenses, lost wages, pain and suffering, and more.
They can protect you from pressure tactics and other unsavory methods some insurance companies employ during negotiations. Having experienced representation increases the likelihood of a successful outcome.
Reach Out to H&P Law Today
If negotiations fail to reach a fair settlement, your attorney can pursue compensation at trial. At H&P Law, our team of litigators has extensive experience helping accident victims.
We have recovered more than $100 million for our clients. If you need to file a claim after a delivery truck accident, reach out to our accident attorneys today.
