How to Make a Semi Truck Accident Legal
On the roads across America, collisions with semi trucks are not uncommon. Because of their size truck accidents can result in serious injuries.
If you've been injured caused by a collision with trucks, an experienced lawyer can help you obtain the compensation you deserve. Learn about the various types of truck accidents and how they affect your case.
1. Investigate the cause of the accident.
In any accident, evidence has to be gathered and stored right away. This is especially true in the case of semi-trucks. There are more sources of information, such as 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, could also be used as evidence.
In the event of a semi-truck crash, it is important to inform the police as soon as you can. This will ensure an accurate and complete report is filed of the incident. It is difficult to establish the truth and determine who was at fault for a crash without a thorough police investigation.
It is recommended that you only answer questions as much as you feel comfortable once the police arrive. It's not recommended to speculate or make guesses about any aspect in order to make yourself appear better. These kinds of answers could later be used by the truck driver, the trucking company, or their insurance companies to sue you in court.
The police officer will collect the evidence they can on the scene, including photographs of the vehicles and the surrounding area. They will also take note of the names and contact information of anyone who may have witnessed the incident. It is also a good idea to photograph the license plate of the truck as well as any other markings that are present on the vehicle or trailer.
Rear-end collisions are one of the most common causes for semi-truck accidents. springfield semi truck accident lawyer of accidents usually occur when a vehicle is following too closely. In these situations the driver of the truck could slam the back of the vehicle or truck in front of him, inflicting serious or fatal injuries.
Tire blowouts, shifting loads, inadequate maintenance of trucks or trailers and many other things are causes for semi-truck accidents. A personal injury lawyer who understands these issues can assist you to prove the responsibility for your injuries. In most cases, the truck driver is responsible for any accidents caused by their negligence. There are other avenues to seek compensation if a different incident caused the accident for example, a manufacturing fault in the truck or the trailer.
2. Contact the Police
If an accident involving a semi-truck happens the first thing to do is call the police. They will come to the scene and make official reports on what happened, including any injuries. You will also receive an official police report that can be used to support your claim for damages. The NYPD keep their reports on-site at their precincts for a long time so if you're close to the spot of the incident (or can visit there easily), you should pick one up. Alternatively, you can use the NYPD's portal online to request a report.
Apart from talking to the police, it's crucial to collect information from all involved in the incident. This includes the truck's drivers, passengers as well as anyone other person who was. Make sure you know their names, telephone numbers, insurance policy information, and the name of the company they work for. If you can, also take photos or video of the scene. This will help you record the accident, and also give 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 driver error or negligence. This can be due to drowsiness, distraction, driving under the influence of alcohol or drugs, or speeding. These are all factors that can be risky when driving a big and heavy vehicle.
Another common cause of semi-accidents is poor road or weather conditions. Trucks can be difficult to maneuver, so when they're driven in bad conditions, they can easily be uncontrollable, and even collide with smaller vehicles.
Incorrect maintenance of the trailer or truck is a third common cause of truck accidents. A truck that is not maintained properly can be dangerous since it is more likely to tip over or suffer mechanical malfunctions. This could be due to bad weather, driver fatigue, or neglect on the part of the trucking company.
A reputable truck accident lawyer will investigate the accident and identify all the parties responsible and gather evidence to back your case. They will also handle all communication with the insurance company of the trucking firm so you do not have to be concerned about them trying to trick you into admitting fault or reducing the amount of compensation you're entitled to.
3. Gather Information
While you wait for the police to arrive, it is essential to take photos of everything. This includes the damages to all vehicles involved, skid marks, and any other evidence that could aid 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 accident. This will help you avoid having to track people down in the future, and will aid your lawyer in determining who is accountable for the accident.
Make sure to inquire with eyewitnesses whether they'll testify under oath. This will ensure that their statements are true and not altered by other people's accounts of the incidents. Witness statements can be crucial in determining what caused an accident. They may also be used to prove the trucking company's negligence.
It is essential to gather as much information as you can about the trucking company, the driver, and their background. This could include their personal qualifications and training files and a copy of their commercial driver's license, history tests, results of drug screening, and safety performance records. It can be compelled by your attorney should it be required.
Another important piece of evidence is the trucker's telephone records. This will reveal that the trucker was using the phone at the incident, and could be the basis for a lawsuit. The phone records of the trucking company can be used to determine if they have any guidelines regarding texting while driving.
Additionally, it is important to gather medical records and bills. This will enable you to demonstrate the severity of your injuries as well as the amount of compensation that you must get for your financial losses. Economic damages can include medical expenses as well as lost earnings and earning potential. Non-economic damages include intangible losses, such as suffering and pain, mental anguish and loss consortium.
If you're looking to file an accident claim for semi-trucks, an experienced attorney will be able to help you get all of this information together and bargain with the insurance company on your behalf.
4. Contact a Lawyer
While it's understandable to be upset following collisions with semi-truck, it's crucial to stay calm. Do not leave the accident site, regardless of whether you're injured or not. Not only does this look unprofessional, it's also illegal. Instead, remain there until the authorities allow you to leave.
Document any damage that has occurred to your vehicle or personal property as and any injuries you've suffered. If possible, it's best to document this with video or pictures. However notes will suffice. This information could prove useful in the future. In addition, speak with any witnesses you have and get their contact numbers as soon as you can. Prior to any cleanup, it's a good idea capture photos of the crash site. They could be used as evidence in the event that you need them.
If you've been hurt in a semi-truck crash, it's important to seek medical care immediately and get in touch with the police immediately. It's also important to avoid admitting fault because this could hinder the chances of obtaining an equitable settlement. If the trucking company contacts you with a proposal to settle but you're not comfortable, you should respectfully decline and call an attorney.
You could be able to recover damages from the party at fault in a semi-truck collision. One of the most common is the economic compensatory damages that are designed to reimburse you for any monetary losses due to the wreck. These can include hospital bills or ongoing treatment as well as any income loss resulting from your injuries.
You may also be entitled to punitive damages in addition to economic damages. These are intended to penalize the defendant and discourage similar behavior in future. This type of compensation could be difficult to prove in court, but there are certain aspects which can help you determine a fair amount. These include the records from the trucker's driver's log and electronic data from the driver's log, evidence of cell phone use, and reports or opinions from forensic or financial experts.