How to Make a Semi Truck Accident Legal
Collisions involving semi trucks are commonplace on the nation's highways. Because of their intimidating size, the injuries sustained in a collision with a truck may be severe.
If you've been injured in a collision with a truck an experienced attorney will help you obtain the compensation you're due. Learn about the different kinds of truck accidents that can occur and how they affect your case.
1. Investigate the cause of the accident.
In any accident, the evidence must be preserved and collected right away. This is especially important in cases involving semi-trucks. This is because there are a myriad of sources of information and evidence including the truck driver's black box data and cell phone records. Other technological devices such as crash recorders or the "nanny camera" on a truck, can also be used to provide evidence.
It is also important to get the police involved immediately in the event of a semi-truck accident. This will ensure that an accurate and complete report is filed on the incident. Without a thorough and accurate police investigation, it can be very difficult to prove the facts of what occurred and who was the culprit in the crash.
When the police arrive at your home, you should answer questions to the extent you feel comfortable. You should not think about or speculate to try to improve your image. These answers could be used against you by the trucking company or driver in court.
The police officer will take various kinds of evidence on the scene, including pictures of both vehicles and the surrounding area. The police officer will also take down the names and phone numbers of anyone who may have witnessed the incident. It is also an excellent idea to take a picture of the truck's plate and any other markings that identify the trailer or the vehicle.
Rear-end collisions are among the most frequent causes for semi-truck accidents. These types of accidents usually occur when a vehicle follows too closely. In these situations, the truck driver is likely to crash into the rear of the vehicle in front of them, and often can cause serious or fatal injuries to the passengers of the car or truck.
Other causes of semi-truck crashes include blowouts of tires, shifting loads, improper maintenance of the trailer or truck and many other. An experienced personal injury lawyer can be a great resource for these issues and can help you prove who is accountable for your losses. In the majority of cases, a truck driver is the sole responsible party for any accident caused by their negligence. There are other ways to seek compensation if another reason for the accident occurred like an issue with the manufacturing process of the truck or the trailer.
2. Contact the Police
If an accident involving semi-trucks occurs, the first thing you should do is call the police. They will arrive at the scene and take official statements regarding what happened including any injuries. You will also receive an official police report that can be used to prove your claim for damages. The NYPD keep their reports on file at their precincts indefinitely which means that if you live near the site of the accident (or could easily visit the area), you should get one. You can also request an NYPD report online.
Apart from talking to the police, it's essential to gather information from everyone involved in the incident. This includes truck drivers, passengers as well as anyone else who was there. Make sure you know their names, telephone numbers, insurance policy information, and the name of the company they work for. If possible, you should also take photographs or video of the scene. This will allow you to document the accident, and also provide a visual record of the moment of impact, which can be useful later on.
In a lot of cases, truck accidents are the result of negligence or error by the driver. This could include drowsiness or distraction, driving while under the influence of drugs or alcohol or speeding. These are all risky when driving heavy, large vehicles.
Weather or road conditions that aren't ideal are another common cause of semi-accidents. Trucks can be difficult to maneuver, and when they're driving in poor conditions, they are likely to become uncontrollable and crash into smaller vehicles.
Another reason that is frequently cited for truck accidents is the insufficient maintenance of the truck or its trailer. Poorly maintained trucks are more likely to tip over or have mechanical issues. This could be due to poor weather, driver fatigue or inattention on the part the trucking company.
An experienced truck accident lawyer will investigate the accident and identify all the parties responsible, and gather evidence to support your case. They will also handle all communications with the insurance company of the trucking company so that you do not have to be concerned about them trying to get you to admit to the fault or reducing the amount of compensation you're entitled to.
3. Gather Information
Photograph everything as you wait for the police. Included in this are damages to any vehicles involved as well as skid marks or anything else that might help your case. It is also important to take pictures of the driver and passengers of the truck, and witnesses who may have witnessed the crash. You won't have to search for witnesses in the future, and your lawyer will be capable of determining who is responsible.
When you speak to witnesses, ensure that they're willing to give a statement under the oath. This will ensure that their testimony remain accurate and are not affected by other people's perceptions of the events. Witness statements are essential for determining the cause of the accident and can be used to prove negligence, which is one of the ways you can seek compensation from the trucking company.
In addition to eyewitness testimony In addition to eyewitness statements, it is essential to gather as much information about the trucking business and the driver. This could include the driver's personnel qualification and training file and a copy of their commercial driver's licence, history checks, drug screening results and safety performance reports. It can be compelled by your attorney if needed.
Another vital piece of evidence is the trucker's phone records. springfield semi truck accident lawyer can be used to determine if the driver was on the phone at the time the accident took place and could provide the basis for a lawsuit. The phone records of the trucking company could be used to determine if they have policies regarding texting while driving.
It is also essential to keep medical documents and bills. This will help you establish the extent of your injuries and the amount of compensation you'll receive for your monetary losses. Economic damages can include medical expenses along with lost earnings and future earning potential. Non-economic damages cover intangible losses, such as suffering and suffering, mental anguish, and loss of consortium.
An experienced lawyer can assist you in gathering all the data you need and negotiate on behalf of the insurance company if you want to file a claim for an accident for a semi-truck.
4. Contact a Lawyer
It's normal to feel angry after a collision that involves semi-trucks however, it's important to remain calm. If you've been injured, or even If you're not, make sure you don't leave the scene of the collision. It's not just not professional, but it's also illegal. Keep your eyes on the scene for until you're permitted by the authorities.
Once you are at the scene note any damage to your vehicle or personal property, as well as any injuries you may have sustained. It is best to do this by taking pictures or video but notes will work too. Also, you should note the name of the driver and the company they work for, as this information will be useful later on in your case. Also, you should talk to any witnesses you have and obtain their contact details whenever you can. It's also helpful to take photos of the crash site before any cleanup is underway because they could be used as evidence in the event of a need.
If you have been injured in a semi truck accident, it is important to seek medical attention as soon as possible and contact the police. It is also important not to admit fault, because this can hurt the chances of receiving an equitable settlement for your claim. If a trucking firm contacts you with a proposal to settle and you're not sure how to respond, it's best to be polite and decline the offer and consult an attorney.
There are various kinds of damages you may be able to claim from the person at fault in a semi-truck accident. The most basic of these is economic compensatory damages, which are intended to reimburse you for any losses in money due to the wreck. These could include emergency room visits, hospital charges ongoing treatments, and any loss of income as a result of the injuries you sustained.
In addition to the economic compensation damages, you may also be able to receive punitive damages from the responsible party. These are intended to punish the defendant for their negligent actions and discourage similar behaviour in the future. This kind of compensation can be difficult to prove in court, but there are certain aspects that can assist you in determining a fair amount. This could include evidence from the driver log of the trucker as well as electronic driving data and evidence of cell phone use, and reports or opinions of forensic or financial experts.