How to Make a Semi Truck Accident Legal
On our roads collisions with semi trucks are not common. Due to their size, truck accidents can result in serious injuries.
If you've been injured in a truck accident, an experienced attorney can help you get the compensation you deserve. Learn about the kinds of truck accidents and how they may impact your case.
1. Investigate the Accident
In any accident, evidence needs to be preserved and collected immediately. This is especially true when the accident involves semi trucks. There are a variety of sources of information, including the black box records of the truck driver and his cell phone records. It is also possible for other devices to be used for evidence, including crash data recorders, or a truck's "nanny cam." All of this information will help determine what caused the accident and who's at fault.
In any semi-truck collision it is essential to notify the police as soon as possible. This will ensure the most complete and accurate account of the incident. If there isn't a thorough and complete police investigation, it will be very difficult to prove the truth about what happened and who was the culprit in the crash.
It is recommended to only respond to questions as much as you are comfortable after the police arrive. You should not speculate or make guesses in an attempt to improve your image. These types of answers may later be used by the truck driver, the trucking company, or their insurance companies to sue you in court.
The officer from the police department will gather a variety of evidence on the scene, including photographs of the vehicles and the surrounding area. They will also write down the names and contact numbers of anyone who may have seen the accident occur. In addition, it's ideal to take a picture of the license plate on the truck and any other markings that are visible on the vehicle or trailer.
Rear-end collisions are among the most frequent causes for semi-truck accidents. These usually happen when a truck or car is following too closely. In these situations, the driver of the truck is more likely to slam into the back of the vehicle ahead of them, and in many cases could cause fatal or serious injuries to the passengers of that vehicle or truck.
Tire blowouts, shifting of loads, inadequate maintenance of trailers or trucks and many other things are reasons for semi-truck accidents. A qualified personal injury attorney will understand these issues, and can assist you in proving who is accountable for your losses. In the majority of cases, the driver of the truck will be liable for any accident caused by their negligence. However, there are other routes to compensation that could be pursued if the cause of the accident was a different cause, such as a manufacturing defect in the trailer or truck.
2. Contact the Police
Contacting the police is the first step to take after an accident involving semi-trucks occurs. They will arrive and take down official statements about the crash including any injuries that may have occurred. You will also receive a formal police report that you can use to back your claim for damages. The NYPD keeps their reports on-site at their precincts indefinitely and, therefore, if you're near the site of the accident (or is able to go there easily) then you should pick one up. Alternately, you can utilize the NYPD's online portal to request a report.
It's important that you speak to all those involved in the accident, including the truck driver and passengers. This includes the truck driver, the other passengers, and any other witnesses. You should try to get their name, contact number, insurance information, and company name. If you are able, also take photographs or video of the scene. burbank semi truck accident claim will allow you to document the incident and provide a visual record the moment of impact, which can be useful later on.
In many instances, truck accidents are the result of negligence or driver error. This could include drowsiness, distracted driving, driving under the influence of alcohol or drugs or speeding. These factors are especially dangerous when driving heavy, large vehicles.
Another common cause of semi-accidents is bad roads or conditions. Trucks aren't easy to control, so when they're driven under poor conditions, they could become unstable and cause collisions with smaller vehicles.
Incorrect maintenance of the trailer or truck is a third common reason for truck accidents. Poorly maintained trucks are more likely to crash or have mechanical issues. This could be due to bad weather, driver fatigue or carelessness on the part the trucking company.
A reputable attorney for truck accidents will investigate the accident, determine all liable parties, and gather evidence to support your case. They will also handle all communications with the insurance company of the trucking company so that you don't have to worry about them trying to trick you into admitting 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 important that you take photographs of everything. Included in this are damages to any vehicles involved as well as skid marks and anything else which could aid in your case. Also, you should take photos of the driver and passengers of the truck, as well witnesses who may have witnessed the accident. This will prevent you from having to track people down in the future, and will aid your lawyer in determining who might be liable for the crash.
Be sure to ask witnesses whether they'll be able to speak under oath. This will help ensure that their assertions are truthful and don't get influence by other people's perceptions of events. Witness statements can be vital in determining what caused an accident. They may be used to establish the negligence of the trucking firm.
In addition to eyewitness testimony It is also important to gather as much information regarding the trucking company and the driver. This can include a copy of the driver's commercial driver's permit as well as their personal qualification and their training file. It can also include a past check, drug screening results and safety performance records. This information can be requested by your attorney, if required.
Another vital piece of evidence is the trucker's telephone records. This can reveal if the driver was on the phone at the time the accident happened, and could be the basis for a lawsuit. The records of the trucking company's phones can be used to determine what kind of policies they have in place with regard to texting and driving.
In the end, it is crucial to collect medical documents and bills. This will enable you to prove the severity of your injury and the amount you will be compensated for financial losses. Economic damages are medical expenses along with lost earnings and future earning potential. Non-economic damages cover intangible losses, such as 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 put all this information together and negotiate with the insurance company on your behalf.
4. Contact a Lawyer
It's normal to feel angry after a collision with a semi-truck but it's also crucial to remain calm. If you're hurt, or even if you're not leave the scene of the accident. This is not only unprofessional but also illegal. Instead, remain there until the authorities permit you to leave.
Once you are at the scene document any damage to your vehicle or personal property as well as any injuries you sustained. If possible, it's recommended to document the incident using photographs or video. However notes are also sufficient. This information could prove useful in the future. Contact witnesses and collect their contact information as quickly as you can. It's also helpful to take photographs of the wreckage site prior to any cleanup as they could be used as evidence if required.
If you've suffered injuries by a semi truck accident, it's important to seek medical care immediately and get in touch with the police immediately. It is also important to not admit guilt as this could hinder your chances of obtaining an acceptable settlement. If the trucking firm contacts you and offers to settle to settle your claim, you must decline the offer and consult an attorney.
There are a variety of damages that you may be able to recover from the party at fault involved in a semi truck accident. One of the most common is economic compensatory damages which are meant to reimburse the victim for any financial loss caused by the accident. These may include hospital costs as well as ongoing medical treatment. any income loss due to your injuries.
You could also be entitled to punitive damages in addition to the economic damages. These are intended to penalize the defendant and discourage similar behaviour in future. This kind of compensation can be difficult to prove in court, but there are some factors which can help you determine the amount you should be awarded. These could include data from the trucker's driver's log as well as electronic driving data, evidence of cell phone usage, reports or opinions from forensic or financial experts.