How to Make a Semi Truck Accident Legal
Collisions involving semi trucks are commonplace on America's highways. Because of their size, truck accidents can cause serious injuries.
If you have been injured in a truck accident, an experienced attorney can help you receive the compensation you deserve. Find out about the various types of truck accidents and how they may affect your case.
1. Investigate the accident
Evidence must be gathered immediately following an accident. This is particularly crucial in cases involving semi-trucks. This is due to the fact that there are a myriad of sources of evidence and information, such as the black box that is used by the truck driver data and cell phone records. Other devices like crash recorders, or the "nanny camera" on a truck are also a possibility for evidence.
In the event of a semi-truck crash, it is important to inform the police as quickly as possible. This will guarantee a complete and accurate report of the incident. It can be difficult to prove the truth and determine who is responsible for the crash without a thorough police investigation.
If the police show up, it is best to answer questions as much as you are at ease. It is not a good idea to speculate or make up your mind about anything in an attempt to appear more professional. These kinds of answers could later be used by the truck driver, the trucking company, or their insurance companies to sue you in court.
The police officer will gather different evidence at the scene, such as photographs of the vehicles as well as the surrounding area. The police officer will take down the names and phone numbers of any witnesses who may have witnessed the incident. It is also a good idea to photograph the license plate of the truck and any other identifying marks which are found on the vehicle or trailer.
Rear-end collisions are among the most frequent causes for semi-truck accidents. These accidents usually occur when a vehicle is following too closely. In these situations, the driver of the truck is likely to crash into the rear of the vehicle in front of them. This can be dangerous and could cause fatal or serious injuries to the passengers of that vehicle or truck.
Tire blowouts, shifting of loads, inadequate maintenance of trucks or trailers, and others are also causes for semi-truck accidents. lakewood semi truck accident law firm experienced personal injury lawyer will be able to address these issues and can help you prove who is responsible for your damages. In the majority of cases, the truck driver will be liable for any accident that is the result of their negligence. However there are other avenues to compensation that can be pursued if it is determined that the cause of the accident was a different cause, such as an issue with the manufacturing process of the trailer or truck.
2. Contact the Police
Contacting the police is the first step you should take after an accident involving semi-trucks occurs. They will arrive and record official statements about the crash including any injuries that occurred. They will also give you an official police report to use in your claim for damages. The NYPD keeps reports on-site at their precincts for 30 days and if the incident happened close to your home (or where you can easily visit in person) You should visit the precinct and pick up the report. You can also request a NYPD report online.
Besides speaking to the police, it's also important to collect information from all involved in the incident. This includes the truck driver, the other passengers, and any other witnesses. Make sure you know their names, phone numbers as well as insurance policy details, and the name of the company they work for. If you are able, also take pictures or videos of the scene. This will help you document the accident, and also provide a visual record of the moment of impact which could be valuable in the future.
In a lot of cases truck accidents are caused by driver error or negligence. This could be due to drowsiness distraction, driving under influence of alcohol or drugs, or speeding. These are all factors that can be risky when driving a large, heavy vehicle.
Bad road or weather conditions are another common cause of semi-accidents. Trucks can be difficult to maneuver, so when they're driven in bad conditions, they may become unstable and cause collisions with smaller vehicles.
Incorrect maintenance of the truck or its trailer is the third major reason for truck accidents. Trucks that are not maintained properly are more likely to crash or have mechanical issues. This could be due to bad weather, driver fatigue or negligence on the part of the trucking company.
A lawyer who handles a truck accident will investigate the incident, determine all responsible parties, and collect evidence to strengthen your claim. They will also handle all communications with insurance company for the trucking company, so you do not need to worry about them trying to get you to admit to the guilt or reducing the amount of compensation you deserve.
3. Gather Information
Take photos of everything as you wait for the police. Included in this are the damage to any vehicle involved, as well as skid marks or anything else which could aid in your case. It's important to take pictures of the driver of the truck and their passengers as well as any witnesses that may have witnessed the crash. It will be less time-consuming to search for people later on, and your lawyer will be capable of determining who is accountable.
Be sure to ask eyewitnesses whether they'll testify under an oath. This will ensure that their claims remain true and aren't affected by other people's perceptions of the incidents. Witness statements are critical for determining the reason for the accident and can be used to prove negligence, which is one of the ways you can receive compensation from the trucking company.
In addition to eyewitness accounts, it is important to gather as much detail about the trucking company as well as the driver. This could include a copy of the driver's commercial driver's license as well as their personal qualification and their training file. It could also include a background check, results of a drug screening and safety performance records. Your attorney can subpoena this information if necessary.
Another important piece of evidence is the trucker's phone records. It can be used to determine whether the trucker was on the phone at the time of the accident and could be the basis for an action. The trucking company's phone records can also be used to determine what sort of policies they have in place regarding texting while driving.
It is essential to gather all medical documents and bills. This will help you demonstrate the extent of your injuries and the amount of compensation you'll get for your financial losses. Economic damages include medical expenses, lost earnings and future earning potential. Non-economic damages cover intangible losses such as suffering and suffering, mental anguish and loss consortium.
An experienced lawyer can assist you in gathering all the information you need and negotiate on your behalf with the insurance company should you decide to file an accident claim for a semi-truck.
4. Contact a Lawyer
It's normal to feel angry after a collision that involves a semi-truck however, it's equally important to remain calm. If you've been injured, or even if you're not leave the scene of the collision. This is not only unprofessional, but also illegal. Stay at the scene as long as you are permitted by the authorities.
After arriving at the scene, note any damage to your vehicle or personal property as well as any injuries that you sustained. It is best to document this through video/pictures if possible but notes will work too. This information could prove useful in the future. Contact witnesses and get their contact information as soon as you can. It's also beneficial to take photos of the crash site prior to any cleanup as they can be used as evidence if required.
If you've been injured in a semi truck accident it is imperative to seek medical attention as soon as possible and call the police. It's also essential to not admit fault as it could impede your chances of receiving a fair settlement. If the trucking company contacts you and offers a settlement to settle your claim, you must decline the offer and contact an attorney.
There are several different types of damages you could be able to claim from the responsible party in a semi truck crash. The most basic is economic compensatory damages, that are designed to reimburse the victim for any financial loss caused by the accident. These could include hospital bills, ongoing treatment, and any loss of income resulting from your injuries.
You may also be entitled to punitive damages in addition to economic damages. These are intended to punish the defendant and discourage similar behavior in future. This kind of compensation can be difficult to prove in court, however there are certain factors that can help you establish the amount you should be awarded. These include the trucker's log, electronic driving data and evidence of use of cell phones as well as statements or opinions of financial or forensic experts.