How to Make a Semi Truck Accident Legal
On the nation's roads collisions with semi trucks are not common. Due to their size, truck accidents can cause serious injuries.
If you've been injured in a collision with a truck, an experienced attorney can assist you in obtaining the compensation you're entitled to. Learn about the types of truck accidents and how they might impact your case.
1. Investigate the Accident
In any accident, the evidence must be collected and preserved immediately. This is particularly important when it comes to semi-trucks. There are a variety of sources of information available, including the black-box data of the truck driver and his cell phone records. Other technological devices such as crash recorders or the "nanny camera" on a truck, can also be used as evidence.
In the event of a semi-truck crash it is imperative to involve the police as soon as possible. This will result in an accurate and complete report of the incident. Without a thorough and proper investigation by the police, it could be extremely difficult to prove the facts of what occurred and who was at fault in the crash.
It is recommended to only respond to questions as much as is comfortable once the police arrive. It is not recommended to think or make guesses about anything to make yourself look better. 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 from the scene, including photographs of both vehicles as well as the surrounding area. They will also record the names and contact numbers of anyone who may witness the incident. Additionally, it is an excellent idea to take photos of the license plate of the truck as well as any other markings that are present on the trailer or vehicle.
Rear-end collisions are one of the most frequent causes of semi-truck accidents. These accidents typically occur when a vehicle is following too closely. In these situations the truck driver will likely smash the rear of the vehicle or truck in front of him, inflicting serious or fatal injuries.
Other causes of semi-truck accidents are blowouts of tires and shifting loads, inadvertent maintenance of trailers or trucks, and many other. A personal injury lawyer who is aware of these issues can help prove liability for your damages. In the majority of instances, a truck driver is responsible for any incident caused due to their negligence. However, there are other routes to compensation that can be pursued if it is determined that the cause of the accident was not related to, such as an issue with the manufacturing process of the trailer or truck.
2. Contact the Police
If an accident involving semi-trucks the first thing to do is contact the police. They will attend the scene and make official statements about what happened including any injuries. This will also provide you with an official police report that you can use in your claim for damages. The NYPD keeps reports on the premises at their precincts for 30 days, so if the accident happened close to your home (or which you can easily visit in person) then you should visit the location and pick up the report. You can also request a NYPD report online.
It is crucial to talk to all those involved in the accident, including the truck driver as well as passengers. This includes passengers, truck drivers, and anyone else who was present. Try to get their names, contact numbers and insurance policy information and the name of the company they work for. If you can, also take photographs or video of the scene. This will help you document the accident, and also help you keep a visual record of the moment of impact which may be important later on.
In many cases truck accidents are the result of negligence or driver error. This could be due to drowsiness inattention, driving while under the influence of alcohol or drugs or speeding. These are all factors that can be dangerous when driving a large, heavy vehicle.
Conditions on the road or in the weather are another frequent cause of semi-accidents. Trucks can be difficult to maneuver and could easily be uncontrollable when driving in adverse conditions.
Incorrect maintenance of the truck or its trailer is the third most common cause of truck accidents. A poorly maintained truck is more likely to rollover or have mechanical issues. This could be caused by poor weather, driver fatigue, or neglect on the part of the trucking company.
A truck accident lawyer will investigate the incident and determine the responsible parties, and collect evidence to strengthen your claim. They will also manage all communications with the insurance company of the trucking company so that you do not need to be concerned about them trying to convince you to admit responsibility or reducing the amount of compensation you're entitled to.
3. Gather Information
While you are waiting for the police to arrive, it is essential to take photos of everything. This includes the damage to all vehicles involved, skid marks, and anything else that could help your case. It is also a good idea to photograph the driver of the truck as well as their passengers, as well as any witnesses that may have seen the accident. This will avoid having to track people down later on, and will help your lawyer determine who is responsible for the accident.
Be sure to ask eyewitnesses if they will speak under an oath. This will ensure that their claims remain accurate and are not altered by other people's accounts of the incidents. Witness statements are crucial for determining the cause of the accident. They can be used to prove negligence, which is one way you can seek compensation from the trucking company.
It is important to collect as much information regarding the trucking company, the driver, and their background. This could include their personnel qualifications and training files, a copy of their commercial driver's licence, history checks, drug screening results and safety performance records. The information could be requested by your attorney, if required.
The trucker's telephone records are a different important evidence. This can show whether the trucker was actually on the phone at the moment of the accident, and could be the basis for an action. The phone records of the trucking company can be used to determine what type of policies they have set in place regarding texting while driving.
Additionally, it is important to collect medical records and bills. This will help you establish the severity of your injury and the amount you must be paid for financial losses. Economic damages can include medical expenses as well as lost earnings and earning potential. Non-economic losses include intangible damages like pain and suffering mental distress, and loss of consortium.
If you're interested in filing a semi truck accident claim An experienced attorney can help you get all of the information you need and bargain with the insurance company on behalf of you.
4. Contact a lawyer
While it's normal to be upset following a collision with a semi-truck, it's essential to stay calm. If you're hurt, or even if you're not, don't leave the scene of the accident. This is not only unprofessional but also illegal. Instead, remain at the location until the police allow you to leave.
Document any damage to your vehicle or personal property, as well as any injuries that you've sustained. If possible, it is ideal to document the incident with photos or videos. However notes will suffice. Also, you should note the names of the driver and company they work for in case this information can be helpful later in the event of a case. Talk to witnesses and get their contact information as quickly as you can. lynwood semi truck accident lawyer is also beneficial to have photos of the crash site before you begin cleaning up because they can be used as evidence should it be needed.
If you've been injured in a semi-truck accident, it's important to seek medical attention immediately and call the police immediately. It's also vital not to admit guilt, because this can hurt your chances of obtaining a fair settlement for your claim. If the trucking company contacts you to offer a settlement but you're not comfortable, you should accept the offer but politely decline, and then contact a lawyer.
There are various kinds of damages that you may be able to recover from the party at fault in a semi truck crash. The most straightforward is economic compensatory damages, which are intended to cover any financial loss you might have suffered due to the accident. These could include hospital bills or ongoing treatment as well as any income loss due to your injuries.
You could also be entitled to punitive damages in addition to the economic damages. They are designed to punish the defendant for their negligent actions and to discourage similar behavior in the future. It can be difficult to prove this kind of compensation in court, however certain aspects can help determine the appropriate amount. These include the trucker's log electronic driving record and evidence of cell phone use, as well as the opinions or reports of forensic or financial experts.