How to Make a Semi Truck Accident Legal
On the roads across America collisions with semi-trucks are not uncommon. Because of their size, truck accidents can result in serious injuries.
If you have been injured in a collision with a truck an experienced attorney can help you receive the compensation you're entitled to. Learn about the kinds of truck accidents and how they could impact your case.
1. Investigate the cause of the accident.
Evidence must be collected immediately after an accident. This is particularly important in cases involving semi-trucks. This is due to the fact that there are numerous other potential sources of evidence and information like the black box used by the truck driver data and cell phone records. Other devices that are technological, such as crash recorders, or the "nanny camera" on a truck can also be used to provide evidence.
It is also vital to notify the police as quickly as possible in any semi truck crash. This will ensure that an accurate and complete report is filed on the incident. It can be difficult to establish the truth and determine who was at fault for a crash without a thorough and proper police investigation.
It is best to only answer questions as much as you are comfortable after the police arrive. Don't speculate or make assumptions to try to improve your image. These answers could be used against you by the trucking company or the driver in court.
The police officer will gather many different kinds of evidence at the scene, including photos of both vehicles as well as the surrounding area. The police officer will also note down the names and contact information of any witnesses who might have witnessed the accident. In addition, it's an excellent idea to take photos of the license plate of the truck as well as any other identifying marks that are on the trailer or vehicle.
One of the most frequent causes of semi-truck accidents are rear-end collisions. These typically occur when a vehicle or car is following too closely. In these cases, the truck driver is likely to hit the back of the vehicle in front of them. This can be dangerous and will cause serious or fatal injuries to the passengers of the vehicle or truck.
Other reasons for semi-truck accidents include blowouts of tires and shifting loads, inadvertent maintenance of the trailer or truck, and many other. An experienced personal injury lawyer can be a great resource for these issues and can assist you in proving who is liable for your damages. In the majority of situations, a driver of a truck is the sole responsible party for any accident that was caused by their carelessness. There are other avenues to seek compensation in the event that a different cause of the accident was to blame or an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take after an accident involving semi-trucks happens. They will be able to record official statements about the crash and any injuries that may have occurred. Then, they will give you an official police report to use in your claim for damages. The NYPD keep their reports on site at their precincts for a long time which means that if you live near to the scene of the incident (or could easily visit the area) it is recommended that you get one. You can also request a NYPD report online.
In addition to talking to the police, it's essential to gather information from everyone involved in the accident. This includes passengers, truck drivers, and anyone else who was there. You should try to find their name, number as well as insurance information and company name. It is also a good idea to take photos or videos of your scene, if possible. This will help document the accident, and will also give a visual recording of the moment of impact.
In a lot of cases, truck accidents are caused by the negligence or fault of the driver. high point semi truck accident claim can be caused by drowsiness or distraction, driving while under the influence of drugs or alcohol or speeding. These types of factors are particularly dangerous when driving heavy, big vehicles.
Another cause of semi-accidents is bad roads or weather conditions. Trucks aren't easy to control, so when they're driven in bad conditions, they may become uncontrollable and crash into smaller vehicles.
Another reason that is frequently cited for accidents involving trucks is the lack of maintenance on the trailer or the truck. A vehicle that is not properly maintained can be dangerous because it is more likely to tip over or suffer mechanical failures. This could be due inclement weather, driver fatigue or even a lack of care from the trucking company.
A reputable truck accident attorney will investigate the accident and determine the responsible parties and gather evidence to back your case. They will also handle any correspondence with the insurance company of the trucking company's firm, so you don't be concerned that they try to trick you into assuming blame or decreasing the amount of compensation you receive.
3. Gather Information
While you wait for the police to arrive, it's important that you take photographs of everything. This includes the damage to the vehicles involved, skid marks, and any other evidence that could aid your case. It's important to capture the driver of the truck and their passengers and witnesses who might have witnessed the accident. You will not have to search for people later and your lawyer will be able to determine who is accountable.
Be sure to ask eyewitnesses whether they'll testify under an oath. This will help ensure that their accounts are accurate and not affected by other people's interpretations of events. Witness statements are critical for determining the reason for the accident. They are also used to prove negligence which is one of the ways you can receive compensation from the trucking company.
In addition to eyewitness accounts In addition to eyewitness statements, it is essential to collect as much information regarding the trucking company and the driver. This could include the driver's personnel qualifications and training files, a copy of their commercial driver's licence, history tests, results of drug screening and safety performance reports. Your attorney can request this information if needed.
The phone records of the trucker are a different important piece of evidence. It can be used to determine that the trucker was using the phone at the incident, and could be the basis for an action. The phone records of the trucking company could be used to determine if they have any guidelines regarding texting while driving.
In the end, it is crucial to get medical documents and bills. This will enable you to prove the extent of the injury and the amount you should be paid for your financial loss. Economic damages cover things such as medical expenses as well as loss of earnings and future earning potential. Non-economic damages include intangible losses, such as mental anguish and loss consortium.
An experienced attorney can help you gather all the information you require and negotiate on your behalf with the insurance company if you wish to file an accident claim for a semi truck.
4. Contact a Lawyer
While it's understandable to be upset following an accident with a semi-truck, it's essential to remain calm. Don't leave the crash site, regardless of whether you're injured or not. Not only does this look unprofessional, it's also illegal. Instead, stay on the scene until authorities permit you to leave.
Document any damage that has occurred to your vehicle or personal property, as well as any injuries that you've sustained. It is best to do this through video/pictures if possible, although notes will do too. You should also write down the name of the driver as well as the company they work for, as this information will be helpful later in your case. Contact witnesses and get their contact information as quickly as you can. It's also helpful to have photographs of the wreckage site prior to any cleanup as they could be used as evidence if required.
If you have been injured in a semi truck accident, it is important to seek medical attention immediately and call the police. It's also vital not to admit fault, as this will hinder your chances of receiving an appropriate settlement for your claim. If the trucking company contacts you with a proposal to settle but you're not comfortable, you should accept the offer but politely decline, and then contact an attorney.
You may be able to collect damages from the party at fault in a semi truck accident. The most straightforward of these is the economic compensatory damages that are designed to reimburse you for any losses in money caused by the accident. These could include hospital bills and ongoing treatments, as well as any income loss due to your injuries.
You may also be entitled to punitive damages in addition to economic damages. These are meant to penalize the defendant for their negligent actions and discourage similar behaviour in the future. This type of compensation can be difficult to prove in court, but there are certain factors that can help you determine an appropriate amount. This could include evidence from the driver log of the trucker and electronic data from the driver's log as well as evidence of cell phone usage, and reports or opinions from forensic or financial experts.