How to Make a Semi Truck Accident Legal
On the roads of America collisions with semi trucks are not common. Because of their intimidating size, the injuries sustained when a collision occurs with a truck may be serious.
If you've suffered injuries due to a collision with a truck, an experienced lawyer can help you get the compensation you're entitled to. Learn about the various types of truck accidents that happen and how they affect your case.
1. Examine the incident
Evidence must be gathered immediately after an accident. This is especially crucial when it comes to semi-trucks. This is because there are numerous sources of information and evidence including the black box that is used by the truck driver data and cellphone records. Other devices that are technological, such as crash recorders or the "nanny camera" on a truck could also be used as evidence.
In any semi-truck accident, it is important to notify the police as soon as possible. This will ensure that an accurate and complete report is prepared of the incident. Without a thorough and proper investigation by the police, it could be very difficult to prove the truth about what happened and who was at fault in the crash.
Once the police arrive, it is best to answer any questions in the manner that you feel comfortable. It's not an ideal idea to speculate or make guesses about anything in an attempt to make yourself look better. These answers could be used against you by the trucking company or driver in court.
The police officer will collect 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 anyone who may have witnessed the accident. It is also an excellent idea to take a picture of the truck's plate as well as any other identifying marks on the trailer or vehicle.
Rear-end collisions are among the most frequently occurring causes of semi-truck accidents. They typically occur when a vehicle or car is following too closely. In these situations, the driver of the truck could slam the rear of the vehicle or truck in the direction of him, causing severe or fatal injuries.
Tire blowouts, shifting of loads, improper maintenance of trucks or trailers, and others are also the main causes of semi-truck crashes. A personal injury lawyer who is knowledgeable of these issues can help establish the liability for your injuries. In most cases, a trucker is responsible for any accident that was caused by their negligence. However there are other avenues to redress that can be pursued if it is determined that the cause of the accident was not related to like an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
When an accident involving a semi-truck happens the first thing to make is to contact the police. They will come to the scene and make official statements regarding what happened and any injuries. Additionally, they will provide you with a copy of the official police report that you can use in your claim for damages. The NYPD keeps reports on the premises in their precincts for a period of 30 days and if the incident occurred near the place you live (or an area that you can easily visit in person) it is recommended that you go there and pick up an original copy. You can also use the NYPD's portal online to request an investigation.
In addition to speaking with the police, it's also important to gather information from everyone involved in the incident. This includes the truck drivers, passengers and everyone else who was there. Make sure you know their names, phone numbers and insurance policy information and the name of the company they work for. It's also a good idea to take pictures or videos of the scene, if you are able to. This will help record the accident, and will also give a visual recording of the moment of the collision.
In a lot of cases, truck accidents are the result of negligence or driver error. This could be due to drowsiness, distracted driving, driving under the influence of drugs or alcohol, or speeding. These are all risky when driving heavy, large vehicles.
Another cause of semi-accidents is poor road or weather conditions. Trucks can be difficult to maneuver and can quickly become uncontrollable in poor conditions.
The improper maintenance of the trailer or truck is a third common reason for truck accidents. A poorly maintained truck is more likely to roll over or suffer mechanical issues. This could be caused by inclement weather, driver fatigue or a lack of care by the trucking company.
A truck accident lawyer will investigate the accident and determine the responsible parties, and collect evidence to prove your case. They will also handle any communications with the insurance firm, meaning you won't be worried that they attempt to convince you into accepting the blame or reducing your compensation.
3. Gather Information
While you are waiting for the police to arrive, it is important that you take photographs of everything. This includes the damages to all vehicles involved, skid marks and anything else that could help your case. It is also important to take pictures of the driver and passengers of the truck, along with witnesses who might have witnessed the crash. This will help you avoid having to locate them later on, and will aid your lawyer in determining who's responsible for the crash.
Be sure to ask witnesses whether they'll testify under the oath. norfolk semi truck accident law firm will help ensure that their statements are accurate and are not influenced by other people's versions of events. Witness statements can be crucial in determining the root of an accident and can also be used to demonstrate the negligence of the trucking company.
In addition to eyewitness testimony It is also important to gather as much information about the trucking company as well as the driver. This could include a copy of the commercial driver's licence of the driver and their qualification for personnel as well as their training file. It can also include a past check, drug screening results and safety performance records. The information could be requested by your attorney should it be required.
The trucker's phone records are another important evidence. It can be used to determine if the trucker was on the phone at the time of the accident and it could provide grounds for a lawsuit. The phone records of the trucking company could be used to determine if they have any rules regarding texting while driving.
In the end, it is crucial to gather medical documents and bills. This will enable you to prove the severity of your injuries and the amount of compensation that you must be awarded for your financial losses. Economic damages 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 an insurance claim against a semi truck, an experienced attorney will be able to help you get all of the information you need and negotiate with the insurance company on behalf of you.
4. Contact a Lawyer
While it is understandable to be upset after the collision with a semi truck, it's vital to remain calm. If you're injured or even in the event that you're not, do not leave the scene of the accident. This is not only unprofessional, but also illegal. Instead, stay at the scene until authorities permit you to leave.
Record any damage to your vehicle or personal property, as in addition to any injuries you've suffered. It is best to do this with pictures or videos if you can but notes will work too. This information can prove useful in the future. In addition, speak with witnesses you can find and get their contact details whenever you can. When you're cleaning up it's a good idea capture photos of the scene of the crash. They can be used for evidence in case you need them.
If you've suffered injuries in a semi truck crash, it's important to seek medical care immediately and contact the police immediately. It's also essential to not admit guilt as this could reduce your chances of getting an acceptable settlement. If the trucking firm contacts you and offers a settlement to settle your claim, you must decline the offer and get in touch with an attorney.
You may be eligible to claim damages from the person at fault in a semi-truck accident. The most common is compensatory damage, which is intended to compensate you for any financial expenses you might have suffered as a result of the accident. These can include hospital bills and ongoing treatments, as well as any loss of income due to your injuries.
In addition, to the economic compensatory damages, you could also be eligible to receive punitive damages from the at-fault party. These are intended to punish the defendant and discourage similar behavior in the future. It isn't easy to prove this type of compensation in court, but certain factors can help establish an appropriate amount. This could include evidence from the trucker's driver log as well as electronic driving data, evidence of cell phone usage, reports or opinions from forensic or financial experts.