How to Make a Semi Truck Accident Legal
Collisions involving semi-trucks are commonplace on the nation's highways. Due to their size truck accidents can result in serious injuries.
If you've been injured caused by a collision with the truck, a knowledgeable lawyer can help you obtain the compensation you're due. Learn about the types of truck accidents and how they might affect your case.
1. Investigate the Accident
In any accident, evidence must be preserved and collected immediately. This is especially crucial when it comes to semi-truck accidents. There are more sources of information, such as the black box data of the truck driver and his cell phone records. Other devices that are technological like crash recorders or the "nanny camera" on a truck, could also be used as evidence.
It is also essential to involve the police whenever possible in any semi truck accident. This will ensure an accurate and complete account of the incident. If there isn't a thorough and complete police investigation, it could be difficult to establish what actually happened and who was at fault in the crash.
When the police arrive, it is best to answer any questions in the amount you feel comfortable. Don't speculate or make assumptions to try to improve your image. These answers could be used against you by the trucking company or the driver in court.
The officer from the police department will gather different evidence at the scene, including photographs of the vehicles as well as the surrounding area. The officer will also note down the names and contact information of any witnesses who may have witnessed the accident. In addition, it's ideal to take a picture of the truck's license plate and any other markings that are present on the trailer or vehicle.
Rear-end collisions are among the most frequently occurring causes of semi-truck accidents. These kinds of accidents typically occur when a vehicle follows too closely. In these situations, the truck driver will likely smash the back of the vehicle or truck in the direction of him, causing serious or fatal injuries.
Tire blowouts, shifting of loads, improper 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 the majority of cases, a truck driver is the sole responsible party for any accident caused through their negligence. However, there are other routes to redress that can be pursued if it is determined that the cause of the accident was different, such as an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
If you're involved in an accident with semi-trucks happens the first thing to do is contact the police. They will attend the scene and make official statements about what happened and any injuries. Then, they will give you an official police report that you can use in your claim for damages. The NYPD keep their reports on the premises at their precincts permanently and, therefore, if you're near to the scene of the incident (or is able to go there easily), you should take one. You can also request an NYPD report online.
It is crucial to talk to anyone involved in the incident including the truck driver as well as passengers. This includes passengers, truck drivers and everyone else who was there. Try to get their names, telephone numbers, insurance policy information, and the name of the company they work for. It is also a good idea to take photos or videos of your scene, if you are able to. This will help you document the incident and give a visual record of the moment of impact which can be useful in the future.
In many instances, truck accidents are caused by negligence or driver error. This can be caused by drowsiness or distraction, driving while under the influence of drugs or alcohol, or speeding. These types of factors are particularly dangerous when driving heavy, big vehicles.
Another reason for semi-accidents is bad roads or weather conditions. Trucks are difficult to maneuver and could easily be uncontrollable when driving in bad conditions.
A third common reason for truck accidents is improper maintenance of the truck or its trailer. A truck that isn't maintained well can be dangerous since it is more likely to tip over or suffer mechanical malfunctions. This could be due to poor weather, driver fatigue or inattention on the part the trucking company.
A reputable truck accident lawyer will investigate the crash and identify all the parties responsible and gather evidence to strengthen your case. They will also manage all communications with the insurance company for the trucking company, so you don't have to be concerned about them trying trick you into admitting that you were at fault, or to reduce the amount of compensation you're entitled to.
3. Gather Information
Photograph everything as you wait for the police. This includes the damage to the vehicles involved, skid marks, and any other evidence that could aid your case. It is important to photograph the driver of the truck as well as their passengers and any witnesses that may have witnessed the accident. This will save you from needing to locate people later on, and will help your lawyer determine who's responsible for the accident.
When speaking to any witnesses, ensure that they're willing to testify under the oath. This will ensure that their statements remain accurate and are not altered by other people's accounts of the events. Witness statements are crucial in determining the root of an accident and can also be used to show the negligence of the trucking company.
It is crucial to collect all the information you can about the trucking company, the driver, and their background. This could include the driver's personnel qualification and training file and a copy of their commercial driver's license, their history checks, drug screening results 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 could reveal if the driver was on the phone when the accident took place and could form the basis for an action. The phone records of the trucking company could be used to determine if they have policies in place about texting while driving.
Finally, it is essential to get medical documents and bills. This will enable you to prove the severity of the injury and the amount you need to be compensated for your financial losses. Economic damages can include medical expenses along with lost earnings and future earning potential. Non-economic damages are those that result from intangible losses such as pain and suffering, mental distress and loss of consortium.
An experienced lawyer can help you gather all the information you require and negotiate on behalf of you with the insurance company if you wish to file a claim for a semi truck.
4. Contact a Lawyer
While it's understandable to be upset following the collision with a semi truck, it's important to remain calm. If you're hurt, or even If you're not, make sure you don't leave the scene of the accident. This is not only unprofessional, but also illegal. Instead, stay at the scene until authorities allow you to leave.
Once at the scene, note any damage to your vehicle or personal property and any injuries you suffered. If possible, it is ideal to document the incident with images or video. However notes are also sufficient. It is also important to note down the name of the driver and company they work for and this will be helpful later in your case. Contact witnesses and obtain their contact details as soon as you can. Before you do any cleanup, it's a good idea capture photos of the wreckage scene. They can be used for evidence in the event that you need them.
If you've been injured by a semi truck accident, it's important to seek medical care immediately and get in touch with the police right away. It's also crucial not to admit fault, as this will hinder your chances of obtaining a fair settlement for your claim. If asheville semi truck accident law firm contacts you and offers to settle, politely decline it and contact an attorney.
You may be able to collect damages from the person at fault in a semi-truck collision. The most basic is economic compensatory damages, which are intended to pay for any monetary damages you could have suffered due to the accident. These may include hospital costs and ongoing treatments, as well as any income loss due to your injuries.
In addition to financial compensatory damages, you may be eligible for punitive damages from the responsible party. These are meant to punish the defendant and discourage similar behaviour in the future. It can be challenging to prove this kind of compensation in court, however certain aspects can help determine the right amount. These could include data from the trucker's driver log and electronic data from the driver's log and evidence of mobile phone usage, as well as reports or opinions from forensic or financial experts.