How to Make a Semi Truck Accident Legal
On the nation's roads collisions between semi trucks are not common. Due to their size, the injuries sustained when a collision occurs with a truck may be severe.
If you have suffered injuries caused by a collision with the truck, a knowledgeable lawyer can help you obtain the compensation you're entitled to. Find out about the various types of truck accidents and how they could affect your case.
1. Investigate the cause of the accident.
In the event of an accident, evidence has to be taken and preserved immediately. This is especially important when it comes to semi-trucks. This is due to the fact that there are many more potential sources of evidence and information, such as the black box used by the truck driver data and phone records. Other technological devices such as crash recorders or the "nanny camera" on a truck, are also a possibility for evidence.
In the event of a semi-truck crash it is imperative to notify the police as quickly as possible. This will ensure a full and accurate report is prepared of the incident. Without a thorough and accurate police investigation, it will be extremely difficult to prove what actually happened and who was at fault in the crash.
It is best to only answer questions as much as is comfortable once the police arrive. Do not make up your mind or guess at anything to attempt to improve your image. These types of answers can later be used by the truck driver, trucking company, or their insurance companies to sue you in court.
The officer of the police will collect various kinds of evidence at the scene, including photos of both vehicles and the surrounding area. They will also note down the names and contact details of any witnesses who may have witnessed the incident. It's also an excellent idea to take a picture of the truck's license plate and any other identifying marks on the vehicle or the trailer.
One of the most common causes of semi-truck accidents is rear-end collisions. These types of accidents usually occur when a vehicle is following too closely. In these cases, the truck driver is most likely to slam into the back of the vehicle ahead of them. This can be dangerous and could cause fatal or serious injuries to the passengers in that car or truck.
Tire blowouts, shifting loads, improper maintenance of trucks or trailers and other issues are all reasons for semi-truck accidents. A personal injury lawyer who understands these issues can help prove the responsibility for your injuries. In most cases, the driver of the truck will be liable for any injury caused by their negligence. There are other ways to claim compensation if a different incident caused the accident, such as an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
Contacting the police is the first step to take after an accident with semi-trucks occurs. They will attend and take down official statements about the accident including any injuries that occurred. Additionally, they will provide you with a copy of the official police report to use in your claim for damages. The NYPD keeps reports on-site at their precincts over 30 days in the event that the incident happened close to where you live (or where you can easily visit in person), you should visit the police station and get an original copy. Or, you can go to the NYPD's portal online to request the report.
Apart from talking to the police, it's also important to collect information from all involved in the incident. This includes the truck driver, passengers and any other witnesses. You should try to find their name, contact number as well as insurance information and company name. It is also a good idea to capture photos or videos of your scene, if it's possible. This will help you document the incident and give a visual record of the moment of impact which can be useful later on.
In many instances truck accidents are caused by negligence or error by the driver. This could include drowsiness or distraction, driving while under the influence of alcohol or drugs, or speeding. These factors are especially dangerous when driving heavy, big vehicles.
Conditions on the road or in the weather are another common cause of semi-accidents. Trucks can be difficult to maneuver and could easily be uncontrollable when driving in adverse conditions.
Improper maintenance of the trailer or truck is the third major cause of truck accidents. joliet semi truck accident lawsuit maintained truck is more likely to tip over or suffer mechanical issues. This could be due to poor weather, driver fatigue or neglect on the part of the trucking company.
A reputable attorney for truck accidents will investigate the crash, determine all liable parties and gather evidence to prove your case. They will also handle all communication with the trucking company's insurance company so you do not need to be concerned about them trying to trick you into admitting guilt or reducing the amount of compensation you deserve.
3. Gather Information
While you wait for the police to arrive, it's essential to take photos of everything. This includes the damage to all vehicles involved, skid marks, and anything else that could help your case. You should also take photographs of the passengers and driver of the truck, as well as witnesses who may have witnessed the accident. You won't need to search for witnesses in the future, and your lawyer will be capable of determining who is responsible.
When talking to any witnesses, ensure that they are prepared to talk under the oath. This will ensure that their words remain accurate and are not affected by other people's interpretations of the incidents. Witness statements are crucial in determining what caused an accident. They may be used to demonstrate the negligence of the trucking company.
It is essential to gather all the information you can about the trucking company, the driver, and their background. This could include a copy of the driver's commercial driver's license as well as their personal qualification and their training file. It could also include a background check, drug screening results and safety performance records. Your attorney can subpoena this information, if required.
The trucker's phone logs are another crucial piece of evidence. This could reveal if the driver was on the phone when the accident took place, and could be the basis for lawsuit. The trucking company's phone records can be used to determine what type of policies they have set in place regarding texting while driving.
It is crucial to keep all medical records and bills. This will enable you to prove the severity of your injuries as well as the amount of compensation you'll receive for your financial losses. Economic damages cover medical expenses, lost earnings and future earning potential. Non-economic damages include intangible losses like mental anguish and loss of consortium.
An experienced attorney can help you gather all the information you need and negotiate on your behalf with the insurance company when you are looking to file a claim for an accident for a semi truck.
4. Contact a Lawyer
While it is understandable to be upset after the collision with a semi truck, it's vital to stay calm. Do not leave the accident scene, whether injured or not. This not only looks unprofessional, it's also illegal. Keep your eyes on the scene for until you're allowed to by authorities.
When you arrive at the scene, note any damage to your vehicle or personal property, and also any injuries you sustained. If you can, it's ideal to document the incident with photos or videos. However notes can also be used. You should also note down the names of the driver and company they work for in case this information can be useful later on in the event of a case. Talk to witnesses and obtain their contact details as soon as you can. Before any cleanup is done it's a good idea to take photos of the crash scene. These can be used as evidence should you require them.
If you have been injured in a semi truck accident, it is important to seek medical attention as soon as possible and call the police. It is also important not to acknowledge fault, as this could hinder your chances of getting a fair settlement for your claim. If the trucking company contacts you and offers to settle you should decline it politely and consult an attorney.
There are various kinds of damages that you might be able to claim from the at-fault party in a semi-truck crash. The most common type is economic compensatory damage, which is intended to pay for any monetary loss you might have suffered due to the crash. This can include emergency room visits, hospital bills, ongoing treatments, and any loss of income as a result of the injuries you suffered.
You may also be entitled to punitive damages in addition to economic damages. They are designed to punish the defendant and discourage similar behaviour in future. It can be a challenge to prove this kind of compensation in court, however certain aspects can help determine the proper amount. This could include evidence from the driver log of the trucker as well as electronic driving data and evidence of mobile phone use, and reports or opinions of forensic or financial experts.