If you get into a truck accident, the most challenging question to answer would be who is to be held responsible for your injuries. In some cases, proving fault is easy, but in other cases, it becomes tough to argue out who may be liable, especially when there are multiple defendants. The success of any truck accident will depend on how much one can prove the other party was negligent enough to cause the accident.
Truck accidents are always complicated. Starting from the injuries suffered by victims to how one proves liability. Understanding how to deal with injuries suffered and how to place blame on the negligent driver is a big step towards reasonable recovery.
How To Deal With Injuries After A Trucking Accident
Trucks are known to cause more severe injuries compared to smaller vehicles. The obvious reason is due to their several tons compared to other cars. In case of a collision, both drivers and passengers involved or even pedestrians are likely to suffer from fatal injuries. No matter how an accident seems minor, you expect to suffer more damage. If this is caused by negligence, a Bakersfield truck accident lawyer can help prove who was at fault for the accident.
One bad recipe for a truck accident is when victims feel okay and hence don’t seek medical attention immediately. Like an athlete who gets injuries during a football match and doesn’t notice until the game is over, the same case, a truck victim may not experience any pain after an accident until sometime later.
During an accident, the body may become overwhelmed and feel increased energy that masks the pain. What happens is that the body is quick to release adrenaline and endorphins and block any pain emanating from the force.
This does mean that you never suffered from injuries. Some of the injuries that tend to mask themselves include:
1. Soft tissue injuries
Due to the impact, one may not realize that their tendons, ligaments, or muscle has been affected. Some of the signs and symptoms of soft tissue injuries may include swelling, pain in the joints, or loss of mobility, which does not show up immediately
2. Brain injury
Once the head is hit, the force is enough to cause a concussion which takes some time before it shows up. A concussion is a state where the fluid inside your brain shakes back and forth. Even if a victim becomes unconscious for a few minutes, they may not take it seriously. Unfortunately, such may lead to a severe traumatic brain injury
Following a truck accident, the best favor you can do to yourself is to see a doctor who specializes in truck accident injuries. This doesn’t matter whether you feel the pain or not. The benefits of an immediate check-up are that:
- Your doctor will determine the nature and extent of your injuries.
- Advice on whether you may need rehabilitation services.
- Advice on what to do and not do for quick recovery.
- Prepare an accurate medical report to be used in your truck accident claim.
One advantage of seeking immediate medical care is that you will show that you were injured.
Proving Liability in Your Truck Accident Claim
To win, you have to produce evidence of who is to blame. You have to show that a truck driver was not reasonable enough, and this led to your injuries. While this may be easy, you may not be aware of which rules the negligent driver violated.
Providing enough evidence is the only way to show you are not to blame. Thus, you can produce:
1. Medical records
Showing that you sought medical care is enough proof that you were injured. You can produce the report, which will be a crucial factor to get the compensation you deserve. When giving out such records, it vital to go through them to ensure there is no disparity in what you stated in the police report or how your injuries were presented. Any disparity may reduce your settlement.
2. Police reports
During an accident, police called on the scene will record the most valuable details when determining fault. The report may contain information on whether the truck driver violated traffic rules or any other cause of the accident. Any comment may greatly help support your claim. Your lawyer can help you get a copy of the police report.
Note that even if you produce the above evidence, the other driver may still fight back to show you were also to blame. If proven to be true, you will receive limited compensation. Pure comparative negligence will be used no matter how many degrees of fault are placed on you.
3. Get Legal Help
You don’t have to work on your own to get compensated. You can choose to work with an experienced truck accident lawyer who has handled multiple cases for success.
Also read: Guide To Help You Avoid Truck Accidents