How to Make a Semi Truck Accident Legal
On the nation’s roads collisions with semi-trucks are not uncommon. Because of their intimidating size, the injuries suffered when a collision occurs with a truck may be severe.
If you’ve been injured in a truck crash, an experienced attorney will help you obtain the compensation you’re due. Learn about the types of truck accidents and how they might affect your case.
1. Examine the incident
The evidence must be collected as soon as it is available after an accident. This is particularly important in the case of semi truck accidents-trucks. This is because there are numerous other potential sources of information and evidence, such as the black box of the truck driver’s data and cell phone records. It is also possible for other technological devices to be used for evidence, including crash data recorders and even a truck’s “nanny cam.” All of this information can help determine what caused the accident and who was at fault.
It is also important to notify the police whenever possible in the event of a semi truck accident. This will ensure a full and accurate report is filed on the incident. Without a thorough and proper police investigation, it will be difficult to establish what really happened and who was responsible in the crash.
It is recommended that you only respond to questions as much as feels comfortable once the police arrive. Don’t speculate or make assumptions in an attempt to improve your image. These types of answers may later be used by the truck driver, trucking company, or their insurance companies against you in court.
The police officer will gather various kinds of evidence on the scene, such as photographs of both vehicles as well as the surrounding area. They will also write down the names and contact numbers of anyone who may have witnessed the incident. It’s also a good idea for you to take a photo of the truck’s number plate and any other markings that identify the vehicle or the trailer.
Rear-end collisions are one of the most common causes for semi-truck accidents. These accidents typically occur when a vehicle follows too closely. In these instances the truck driver is likely to smash into the back of the vehicle in front of them. This will cause serious or fatal injuries to the passengers of the car or truck.
Other reasons for semi-truck accidents include tire blowouts shifting loads, poor maintenance of the trailer or truck and many more. A qualified personal injury attorney will be able to address these issues and can help you prove who is liable for your damages. In most situations, the truck driver is responsible for any accidents caused by their negligence. There are other avenues to seek compensation if another reason for the accident occurred like an error in manufacturing on the truck or trailer.
2. Contact the Police
When an accident involving semi-trucks happens, the first thing you must do is call the police. They will be at the scene and record official statements on what transpired and any injuries. This will also provide you with a formal police report that you can use in your claim for damages. The NYPD keep their reports on the premises at their precincts for a long time which means that if you live near the site of the accident (or can visit there easily), you should pick one up. You can also request an NYPD report online.
Apart from talking to the police, it’s important to collect information from all involved in the accident. This includes the truck drivers, passengers, and anyone else who was present. Try to find their names, telephone numbers, insurance policy information, and the name of the company they work for. If you can, also take pictures or videos of the scene. This will help you to record the accident, and also provide an image recording of the moment of the collision.
In many instances truck accidents are the result of negligence or error by the driver. This could result from drowsiness distraction, driving under influence of alcohol or drugs or speeding. These are all factors that can be risky when driving a big, heavy vehicle.
Another reason for semi-accidents is poor road or weather conditions. Trucks aren’t easy to maneuver, so if they’re driven in poor conditions, they can easily become unstable and cause collisions with smaller vehicles.
Another common cause of truck accidents is improper maintenance of the trailer or truck. A vehicle that is not properly maintained can be dangerous since it is more likely to roll over or suffer mechanical malfunctions. This could be due to bad weather, accidents driver fatigue or inattention on the part the trucking company.
A lawyer for truck accidents will investigate the incident, determine all responsible parties, and collect evidence to strengthen your claim. They will also handle all communications with the trucking company’s insurance company so you don’t have to be concerned about them trying convince you to admit guilt or reducing the amount of compensation you’re entitled to.
3. Gather Information
While you are waiting for the police to arrive, it is vital to take photographs of everything. This includes the damages to all vehicles involved, skid marks and anything else that may help your case. It’s important 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 prevent you from having to locate them later, and it will help your lawyer determine who’s responsible for the accident.
When speaking to any witnesses, make sure that they’re willing to talk under an oath. This will ensure that their claims are accurate and not affected by other people’s interpretations of the incidents. Witness statements are crucial in determining the root of an accident. They can also be used to establish the negligence of the trucking firm.
In addition to eyewitness statements In addition to eyewitness statements, it is essential to collect as much data on the trucking company and the driver. This could include their personnel qualifications and training files and accidents a copy of their commercial driver’s licence, history checks, drug screening results, and safety performance records. Your attorney may subpoena this information, if required.
The phone records of the trucker are another crucial piece of evidence. It can be used to determine whether the trucker was actually on the phone at the incident, and could be the basis for a lawsuit. The phone records of the trucking company can also be used to determine what kind of policies they have set in place regarding texting while driving.
It is also essential to keep medical records and bills. This will help you establish the severity of the injury and the amount you will be paid for your financial loss. Economic damages include medical expenses along with lost earnings and future earning potential. Non-economic damages include intangible losses such as 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 can assist you get all of the information you need and bargain with the insurance company on behalf of you.
4. Contact a lawyer
Although it’s natural to be upset after an accident with a semi truck accidents truck, it’s important to stay calm. If you’re injured, or even if you’re not, don’t leave the scene of the collision. This is not only unprofessional, but also illegal. Instead, remain there until the authorities allow you to leave.
When you arrive at the scene, take note of any damage to your vehicle or personal property, as well as any injuries you suffered. If possible, it is recommended to document the incident using photographs or video. However notes will suffice. Also, you should note the name of the driver and the company they work for as this information could be helpful later in the event of a case. Also, speak to witnesses you know and obtain their contact details immediately if you can. Before you do any cleanup it’s a good idea take photos of the scene of the crash. These can be used as evidence in case you need them.
If you have been injured in a semi-truck collision it is crucial to seek medical attention immediately and contact the police. It’s also important to not admit fault as this could hinder your chances of getting an appropriate settlement. If the trucking company contacts you and offers to settle, politely decline it and contact an attorney.
There are a variety of damages you could be able to recover from the party at fault in a semi truck crash. The most common type is economic compensatory damage, which is intended to reimburse any monetary loss you might have suffered as a result of the crash. This could include hospital expenses or ongoing treatment as well as any income loss due to the injuries you sustained.
In addition, to the economic compensatory damages, you may be eligible for punitive damages from the at-fault party. They are designed to punish the defendant and prevent similar actions in future. It can be a challenge to prove this kind of compensation in court, but certain factors can help determine the right amount. These include the logs of the trucker electronic driving records, evidence of the use of a cell phone, as well as reports or opinions from forensic or financial experts.