How to Make a Semi Truck Accident Legal
Collisions with semi trucks are commonplace on the nation's highways. Because of their size truck accidents can cause serious injuries.
If you've been injured in a truck crash an experienced attorney can help you receive the compensation you're due. Learn about the various types of truck accidents and how they can impact your case.
1. Investigate the cause of the accident.
Evidence must be gathered immediately after an accident. This is especially important in cases involving semi-trucks. There are a variety of sources of information, such as the black-box data of the truck driver's cell phone records. It is also possible for other devices to be used to provide evidence, like crash data recorders or even a truck's "nanny camera." All of this information can help determine what caused the accident, and who's at fault.
It is also essential to notify the police as soon as possible in any semi truck accident. This will guarantee an accurate and complete report of the incident. It can be difficult to prove the truth and determine who was responsible for the crash without a thorough police investigation.
Once the police arrive at your home, you should answer any questions as much as you feel at ease. It is not recommended to speculate or guess at anything to impress the police. These types of answers may later be used by the truck driver, trucking company or their insurance companies to sue you in court.
The officer from the police department will gather the evidence they can on the scene, including photographs of the vehicles as well as the surrounding area. The police officer will also take down the names and contact numbers of any witnesses who may have witnessed the incident. It is also an excellent idea to snap a picture of the truck's plate as well as any other markings that identify the trailer or vehicle.
One of the most frequent causes of semi-truck accidents are rear-end collisions. These accidents usually occur when a vehicle follows too closely. In these instances the truck driver is most likely to smash into the back of the vehicle ahead of them. This can be dangerous and may cause fatal or serious injuries to the passengers of that vehicle or truck.
Tire blowouts, shifting loads, improper maintenance of trailers or trucks as well as other factors are reasons for semi-truck accidents. A personal injury lawyer who is knowledgeable of these issues can assist you to prove liability for your damages. In most instances, a truck driver is the sole responsible party for any accident caused through their negligence. There are other avenues to claim compensation if a different factor caused the accident like an error in manufacturing on the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take if an accident with semi-trucks takes place. They will be able to make official statements about the crash and any injuries that were sustained. They will also provide you with a formal police report to use in your claim for damages. The NYPD keeps reports on the premises at their precincts over 30 days in the event that the incident was close to your home (or which you can easily visit in person) You should go there and pick up an original copy. You can also use the NYPD's portal online to request a report.
It's crucial to speak to everyone involved in the crash, including the truck driver as well as passengers. This includes passengers, truck drivers and anyone else who was involved. Try to find their names, 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 document the accident, and will also give an image recording of the moment of the collision.
In many instances truck accidents are caused by the negligence or fault of the driver. This can be due to drowsiness, inattention, driving while under the influence of alcohol or drugs or speeding. These issues can be particularly risky when driving a big and heavy vehicle.
Another common cause of semi accidents is bad road or weather conditions. Trucks are difficult to maneuver and can easily become uncontrollable if driven in adverse conditions.
Another reason that is frequently cited for truck accidents is the insufficient maintenance of the trailer or truck. A poorly maintained truck is more likely to rollover or suffer mechanical issues. This could be caused by inclement weather, driver fatigue, or even a lack of care from the trucking company.
A reputable truck accident attorney will investigate the crash and determine the responsible parties and gather evidence to prove your case. They will also handle any correspondence with the insurance company of the trucking company's company, so you won't need to worry about them trying to try to trick you into accepting the blame or decreasing your compensation.
3. Gather Information
Take photos of everything as you wait for the police. Included in this are damages to any vehicles involved and skid marks, or any other evidence that could aid your case. It is also a good idea to take pictures of the driver of the truck as well as their passengers and witnesses who may have seen the accident. It will be less time-consuming to search for witnesses later, and your lawyer will be capable of determining who is accountable.
When speaking to any eyewitnesses, ensure that they are willing to give a statement under an oath. This will ensure that their claims are true and are not influence by other people's perceptions of the events. Witness statements can be vital in determining the cause of an accident, and may be used to show the negligence of the trucking company.
In addition to eyewitness testimony In addition to eyewitness statements, it is essential to gather as much detail about the trucking business and the driver. This could include a copy of the commercial driver's licence of the driver along with their qualification for employment and their training file. It can also include a past check, drug screening results and safety performance records. Attorneys can subpoena the information should it be required.
The trucker's phone records are another crucial piece of evidence. This will reveal that the trucker was using the phone at the moment of the accident, and it could be grounds for an action. The phone records of the trucking company can also be used to determine what type of policies they have in place for texting and driving.
It is crucial to keep all medical documents and bills. This will enable you to establish the severity of your injuries as well as the amount of compensation you'll receive for your financial losses. Economic damages are a way to cover medical expenses, loss of earnings and future earning potential. Non-economic damages include intangible losses like pain and suffering, mental distress and loss of consortium.
If you're planning to file an insurance claim against a semi truck, an experienced attorney can help you put all the information you need and negotiate with the insurance company on behalf of you.
4. Contact a lawyer
It's normal to feel upset after a collision with semi-trucks, but it's also important to remain calm. Don't leave the accident scene, whether you are injured or not. This is not only unprofessional, but also illegal. Stay at the scene until you're allowed by authorities.
Document any damage to your vehicle or personal property, as in addition to any injuries you've suffered. It is recommended to do this through video/pictures if possible however notes can be used as well. This information could prove useful in the future. In addition, speak with witnesses you know and get their contact details immediately if you can. alabama semi truck accident law firm is also beneficial to have photographs of the wreckage site before you begin cleaning up as they can be used as evidence if required.
If you've been injured by a semi truck accident, it's important to seek medical attention immediately and get in touch with the police immediately. It's also crucial not to acknowledge fault, as this could hinder the chances of receiving an equitable settlement for your claim. If the trucking firm contacts you and offers a settlement to settle your claim, you must decline the offer and consult an attorney.
You may be able recover damages from the person at the fault in a semi-truck crash. One of the most common is economic compensation damages, which are intended to reimburse the victim for any financial loss caused by the accident. These could include hospital bills and ongoing treatments, as well as any income loss resulting from your injuries.
You could also be entitled to punitive damages in addition to the economic damages. These are intended to punish the defendant for their wrongful actions and to discourage similar behavior in the future. This type of compensation could be difficult to prove in court, however there are some factors that can help you establish a fair amount. These include the logs of the trucker, electronic driving data and evidence of the use of a cell phone, as well as reports or opinions by forensic or financial experts.