How to Make a Semi Truck Accident Legal
Collisions involving semi trucks are commonplace on the nation's highways. Due to their size, truck accidents can cause serious injuries.
If you have been injured in a car accident, an experienced attorney can help you receive the compensation you're due. Find out about the various types of truck accidents and how they can 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 a myriad of sources of evidence and information like the black box used by the truck driver data and cell phone records. Other technological devices such as crash recorders or the "nanny camera" on a truck, are also a possibility for evidence.
It is also vital to get the police involved as soon as possible in any semi truck accident. This will ensure the most complete and accurate account of the incident. Without a thorough and proper police investigation, it will be extremely difficult to prove the truth about what happened and who was at fault in the crash.
It is recommended that you only answer questions as long as it is comfortable once the police arrive. It's not recommended to speculate or guess at anything in an attempt to appear more professional. These answers could be used against you by the trucking company or the driver in court.
The officer from the police department will collect a number of different kinds of evidence on the scene, including photographs of both vehicles and the surrounding area. The police officer will take down the names and contact details of any witnesses who might have witnessed the incident. It's also a good idea for you to snap a picture of the truck's license plate and any other markings that identify the vehicle or the trailer.
Rear-end collisions are among the most frequent causes of semi-truck accidents. These accidents usually occur when a vehicle is following too closely. In these instances the truck driver will likely slam the rear of the vehicle or truck in front of him, causing serious or fatal injuries.
Other causes of semi-truck crashes include blowouts of tires shift loads, inadequate maintenance of the trailer or truck, and many more. An experienced personal injury lawyer will be able to address these issues and will help you establish who is liable for your damages. In the majority of situations, the truck driver will be liable for any accident that is the result of their negligence. There are other ways to seek compensation if another cause of the accident was to blame for example, an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
When an accident involving semi-trucks occurs, the first thing you need to do is call the police. They will come and record official statements about the accident, including any injuries that were sustained. This will also provide you with a formal police report that you can use in your claim for damages. The NYPD keeps their reports on the premises in their precincts forever, so if you are close to the location of the incident (or is able to go there easily) You should go pick one up. Alternatively, you can use the NYPD's online portal to make a request for the report.
Apart from talking to the police, it's also important to collect information from all involved in the accident. This includes the truck driver, passengers and any other witnesses. You should try to get their name, contact number, insurance information, and company name. If possible, you should also capture photos or videos of the scene. This will help you to record the accident and will also give an image recording of the moment of the impact.
In many instances, truck accidents are the result of negligence or driver error. This could include drowsiness or distraction, driving while under the influence of alcohol or drugs or speeding. These dangers are particularly pronounced when driving heavy, big vehicles.
Another cause of semi-accidents is bad roads or weather conditions. Trucks can be difficult to maneuver and could quickly become uncontrollable in adverse conditions.
The improper maintenance of the truck or its trailer is the third most common reason for truck accidents. Poorly maintained trucks are more likely to roll over or suffer mechanical issues. This could be due to bad weather, driver fatigue, or inattention on the part the trucking company.
A lawyer for a truck accident will investigate the incident and determine who is responsible, and collect evidence to strengthen your claim. They will also handle all communications with the insurance company of the trucking company so that you don't need to be concerned about them trying trick you into admitting guilt or reducing the amount of compensation you deserve.
3. Gather Information
While you are waiting for the police to arrive, it is crucial to take pictures of everything. This includes the damages to all vehicles involved, skid marks and anything else that may help your case. You should also take pictures of the passengers and driver of the truck, as well as witnesses who may have witnessed the incident. This will help you avoid having to locate them later, and it will aid your lawyer in determining who's responsible for the accident.
Be sure to ask witnesses if they will speak under an oath. This will help ensure that their statements are accurate and are not affected by other people's interpretations of the events. Witness statements can be vital in determining the cause of an accident and can be used to demonstrate the negligence of the trucking company.
In addition to eyewitness statements In addition to eyewitness statements, it is essential to gather as much detail on the trucking company and the driver. This could include their personal qualifications and training files along with a copy commercial driver's license, a history of tests, results of drug screening, and safety performance records. Your attorney can subpoena this information, if required.
Another crucial piece of evidence is the trucker's telephone records. This will reveal whether the driver was on the phone when the accident occurred and could be the basis for a lawsuit. The records of the trucking company's phones can be used to determine what sort of policies they have in place with regard to texting while driving.
It is essential to gather all medical records and bills. This will allow you to demonstrate the extent of your injuries and the amount of compensation you should be awarded for your financial losses. Economic damages cover things like medical expenses as well as loss of earnings and future earning potential. Non-economic damages include intangible losses like pain and suffering mental distress, and loss of consortium.
An experienced lawyer can help you gather all the data you need and negotiate on behalf of you with the insurance company should you decide to file a claim for a semi truck.
4. Contact a lawyer
While it is understandable to be upset following collisions with semi-truck, it's crucial to remain calm. Don't leave the crash scene, whether injured or not. This not only looks unprofessional, it's also illegal. Stay at the scene as long as you are allowed to by authorities.
When you arrive at the scene, note any damage to your vehicle or personal property and also any injuries that you sustained. durham semi truck accident lawsuit is best to document this by taking pictures or video but notes will work as well. Also, you should note the names of the driver and company they work for, as this information will be useful later on in the event of a case. Speak to witnesses and obtain their contact information as soon as you can. It's also helpful to have photographs of the site before you begin cleaning up since they can be used as evidence if required.
If you've been hurt in a semi-truck crash It is essential to seek medical attention immediately and notify the police as soon as you can. It is also important to not admit fault as this could hinder your chances of obtaining an acceptable settlement. If a trucking firm contacts you with an offer to settle and you're not sure how to respond, it's best to respectfully decline and call an attorney.
There are several different types of damages you could be able to recover from the at-fault party involved in a semi truck accident. The most straightforward of these is economic compensatory damages, which are intended to reimburse you for any monetary losses associated with the wreck. These could include emergency room visits, hospital bills continuing treatments, and any loss of income resulting from the injuries you sustained.
You may also be entitled to punitive damages in addition to the economic damages. These are meant to punish the defendant and prevent similar actions in the future. It can be challenging to prove this kind of compensation in court, but certain factors can help determine the proper amount. These include the trucker's log as well as electronic data from the driver's seat and evidence of the use of a cell phone and the opinions or reports of financial or forensic experts.