How to Make a Semi Truck Accident Legal
On the roads of America collisions between semi trucks are not common. Due to their size, truck accidents can result in serious injuries.
If you've been injured caused by a collision with a truck, an experienced lawyer can help you get the compensation you're due. Learn more about the different types of truck accidents and how they could affect your case.
1. Examine the incident
The evidence must be collected as soon as it is available after an accident. This is especially important in cases involving semi-trucks. There are many sources of information available, including the black box data of the truck driver and his cell phone records. It is also possible for other technological devices to be used to prove the case, such as crash data recorders and even a truck's "nanny camera." All of this data can be used to determine what caused the accident, and who's responsible.
It is also important to involve the police whenever possible in the event of a semi truck accident. This will ensure that a full and accurate report is filed of the incident. If there isn't a thorough and complete police investigation, it can be very difficult to prove the facts of what occurred and who was responsible in the crash.
When the police arrive at your home, you should answer any questions only in the amount you are comfortable. Do not think about or speculate to try to improve your image. These types of answers may later be used by the truck driver, the trucking company, or their insurance companies against you in court.
The officer from the police department will gather the evidence they can on the scene, such as photographs of the vehicles as well as the surrounding area. They will also take note of the names and contact details of any witnesses that may have witnessed the accident. It's also a good idea for you to take a photo of the truck's number plate and any other identifying marks on the vehicle or the trailer.
Rear-end collisions are among the most frequent causes of semi-truck accidents. They usually occur when a vehicle or car is following too closely. In these instances the driver of the truck may hit the back of the car or truck in front of him, inflicting serious or fatal injuries.
Tire blowouts, shifting of loads, inadequate maintenance of trucks or trailers, and others are also causes for semi-truck accidents. A reputable personal injury attorney will be able to address these issues and will help you establish who is accountable for your losses. In most cases, the driver of the truck is responsible for any accident caused by their negligence. There are other options to claim compensation if a different cause of the accident was to blame, such as 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 with a semi-truck occurs. They will come to the scene and make official statements regarding what happened and any injuries. Then, they will provide you with a copy of the official police report to use in your claim for damages. The NYPD keeps reports on the premises in their precincts for a period of 30 days, so if the accident happened close to your home (or where you can easily visit in person) it is recommended that you visit the precinct and pick up an original copy. You can also request an NYPD report online.
Besides speaking to the police, it's also important to collect information from all involved in the incident. This includes truck drivers, passengers, and anyone else who was involved. It is recommended to obtain their name, contact number, insurance information, and company name. It's also a good idea to capture photographs or videos of the scene, if possible. This will help you document the accident, and also provide a visual record the moment of impact which can be useful in the future.
In many cases, truck accidents are the result of negligence or error by the driver. This could result from drowsiness distraction, driving under the influence of drugs or alcohol, or speeding. These dangers are particularly pronounced when driving heavy, large vehicles.
Poor road conditions or weather conditions are another major cause of semi-accidents. Trucks aren't easy to maneuver, and when they're driving in poor conditions, they may become uncontrollable and crash into smaller vehicles.
Another common cause of truck accidents is poor maintenance of the trailer or the truck. A truck that isn't maintained well can be dangerous because it is more likely to roll over or experience mechanical issues. This could be due to bad weather, driver fatigue, or simply a lack of attention from the trucking company.
A lawyer who handles a truck accident will investigate the incident and determine the responsible parties and gather evidence to support your claim. They will also handle all communications with insurance company of the trucking company so that you do not have to be concerned about them trying to trick you into admitting responsibility or reducing the amount of compensation you deserve.
3. Gather Information
Photograph everything you see while you wait for the police. This includes the damages to all vehicles involved, skid marks, and anything else that may help your case. It is also a good idea to photograph the driver of the truck and their passengers, as well as witnesses who might have seen the accident. This will save you from needing to locate people later on, and will help your lawyer determine who is accountable for the crash.
When talking to any witnesses, ensure that they are prepared to give a statement under the oath. This will ensure that their words are true and not influenced by other people’s versions of the events. Witness statements are essential for discovering the root of the accident and can be used to prove negligence, which is one way you can seek compensation from the trucking company.
It is crucial to collect as much information about the trucking company, the driver, and their background. This can include an image of the driver's commercial driver's license as well as their personal qualification and their training file. It could also include a history check, results of a drug screening and safety performance records. This information can be requested by your attorney in the event of a need.
Another vital piece of evidence is the trucker's telephone records. This will reveal that the trucker was using the phone at the moment of the accident, and it could provide grounds for an action. norwalk semi truck accident lawyer of the trucking company could be used to determine if they have policies regarding texting while driving.
It is also essential to gather medical records and bills. This will help you establish the severity of your injury and the amount you need to be compensated for financial losses. Economic damages cover medical expenses as well as lost earnings and earning potential. Non-economic damages cover intangible losses such as pain and suffering mental distress and loss of consortium.
If you're planning to file a semi truck accident claim an experienced attorney will be able to help you gather all this information together and negotiate with the insurance company on behalf of you.
4. Contact a Lawyer
While it is understandable to be upset after a collision with a semi truck, it's vital to stay calm. If you're injured or even in the event that you're not, do not leave the scene of the accident. It's not just unprofessional, but it's also unlawful. Instead, stay on the scene until authorities permit you to leave.
After arriving at the scene, note any damage that has occurred to your vehicle or personal property and also any injuries you suffered. If you can, it's ideal to document the incident with images or video. However notes will suffice. This information can prove useful in the future. Talk to witnesses and collect their contact information as quickly as you can. It's also helpful to take photos of the crash site before you begin cleaning up since they could be used as evidence should it be needed.
If you've been hurt in a semi-truck accident It is essential to seek medical care immediately and notify the police immediately. It's also crucial not to acknowledge fault, as this will hinder the chances of receiving an appropriate settlement for your claim. If the trucking company tries to contact you with an offer to settle, it's best to respectfully decline and call an attorney.
You may be eligible to claim damages from the party at the fault in a semi-truck crash. One of the most common is economic compensatory damages, which are designed to compensate you for any losses in money that result from the wreck. These can include emergency room visits, hospital charges continuing treatments, and any loss of income as a result of the injuries you suffered.
You could also be entitled to punitive damages in addition to economic damages. These are meant to punish the defendant and discourage similar behavior in future. This type of compensation can be difficult to prove in court, but there are certain factors that can help you determine a fair amount. These include the trucker's log as well as electronic data from the driver's seat and evidence of mobile phone use, as well as the opinions or reports of financial or forensic experts.