How to Make a Semi Truck Accident Legal
Collisions with semi trucks are commonplace on America's highways. Due to their size truck accidents can cause serious injuries.
If you've suffered injuries caused by a collision with a truck, an experienced lawyer can help you get the compensation you're entitled to. Learn about the kinds of truck accidents and how they may affect your case.
1. Investigate the cause of the accident
Evidence must be gathered immediately following an accident. This is particularly crucial in cases involving semi-trucks. There are other sources of information, like the black box data of the truck driver and his cell phone records. It is also possible for other technological devices to be used for evidence, including crash data recorders, or a truck's "nanny camera." All of this data can be used to determine the cause of the accident, and who's responsible.
In any semi-truck collision it is imperative to involve the police as quickly as you can. This will ensure that a full and accurate report is filed on the incident. It can be difficult to prove the truth and determine who is responsible for the crash without a thorough and thorough police investigation.
It is best to answer questions in a way that feels comfortable once the police arrive. It is not advisable to speculate or make assumptions 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 police officer will gather different evidence at the scene, such as photographs of the vehicles as well as the area around. They will also note down the names and contact information of any witnesses who might have witnessed the incident. It is also an excellent idea to take a photograph 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 usually happen when a truck or car is following too closely. In these instances, the driver of the truck may hit the back of the vehicle or truck in the direction of him, causing serious or fatal injuries.
Other reasons for semi-truck accidents include blowouts of tires and shifting loads, inadvertent maintenance of the trailer or truck, and many other. A personal injury lawyer who understands these issues can help prove the responsibility for your injuries. In the majority of situations, the truck driver is responsible for any injury caused by their negligence. There are other options to seek compensation if another cause of the accident was to blame for example, an error in manufacturing on the truck or trailer.
2. Contact the Police
Contacting the police is the first step to take if an accident involving semi-trucks happens. They will be at the scene and take official reports on what happened, including any injuries. You will also receive an official police report that you can use to back your claim for damages. The NYPD maintains reports on-site at their precincts, for 30 days which means that if the incident occurred close to the area where you live (or where you can easily visit in person) it is recommended that you visit the location and pick up the report. You can also request a NYPD report online.
In addition to speaking with the police, it's crucial to collect information from all involved in the accident. This includes the truck drivers, passengers and anyone other person who was. Be sure to collect their names, phone numbers as well as insurance policy details, and the name of the company they work for. If you are able, also take photographs or video of the scene. This will help you document the accident, and also provide a visual recording of the moment of the collision.
In a lot of cases truck accidents are the result of driver error or negligence. This could be due to drowsiness distraction, driving under the influence of alcohol or drugs or speeding. These issues can be particularly risky when driving a large and heavy vehicle.
Another common cause of semi-accidents is poor road or conditions. Trucks aren't simple to maneuver, and if they're driven in poor conditions, they are likely to become uncontrollable and crash into smaller vehicles.
The improper maintenance of the trailer or truck is the third most common cause of truck accidents. A poorly maintained truck is more likely to tip over or have mechanical problems. This could be due to poor weather, driver fatigue or neglect on the part of the trucking company.
An experienced truck accident lawyer will investigate the accident, determine all liable parties and gather evidence to strengthen your case. They will also handle all communications with the insurance company for the trucking company, so you don't have to worry about them trying to fool you into admitting to that you were at fault, or to reduce the amount of compensation you're entitled to.
3. Gather Information
While you are waiting for the police to arrive, it's essential to take photos of everything. Included in this are the damage to any vehicles involved as well as skid marks and anything else that could aid your case. It is important to take pictures of the driver of the truck as well as their passengers and witnesses who might have seen the accident. This will help you avoid having to find them later on, and will help your lawyer determine who's responsible for the accident.
Be sure to ask eyewitnesses whether they'll be able to speak under an oath. This will ensure that their claims remain accurate and are not affected by other people's perceptions of the incidents. Witness statements are crucial in determining the root of an accident. They may be used to demonstrate the negligence of the trucking company.
In addition, to eyewitness statements, it is important to collect as much data on the trucking company and the driver. This can include an image of the driver's commercial driver's permit, their personnel qualification and their training file. It may also include a history check, drug screening results and safety performance records. Your attorney may subpoena this information if necessary.
Another important piece of evidence is the trucker's phone records. It can be used to determine that the trucker was using the phone at the time of the accident and could be the basis for a lawsuit. The records of the trucking company's phones can also be used to determine the type of policies they have set in place regarding texting while driving.
Additionally, sugar land semi truck accident law firm is important to gather medical documents and bills. This will allow you to prove the severity of your injury and the amount you should be paid for financial losses. Economic damages cover things such as medical expenses losses of earnings and future earning potential. Non-economic damages are for intangible losses like pain and suffering, mental anguish and loss of consortium.
An experienced attorney can help you gather all the necessary information and negotiate on behalf of the insurance company when you are looking to file a claim for an accident for a semi truck.
4. Contact a Lawyer
While it's normal to be upset following a collision with a semi-truck, it's crucial to remain calm. Don't leave the crash scene, whether you are injured or not. This is not only unprofessional but also illegal. Instead, stay at the scene until authorities allow you to leave.
When you arrive at the scene, note any damage that has occurred to your vehicle or personal property, and also any injuries you may have sustained. It is best to document this by taking pictures or video but notes will work too. This information will be useful in the future. Talk to witnesses and get their contact details as soon as you can. It's also beneficial to take photographs of the wreckage site prior to any cleanup since they can be used as evidence in the event of a need.
If you've been injured in a semi-truck crash It is essential to seek medical attention right away and contact the police. It's also important to not admit guilt as it could impede your chances of receiving an appropriate settlement. If the trucking firm contacts you and offers a settlement but you decline, please seek out an attorney.
You may be eligible to claim damages from the party at fault in a semi-truck collision. One of the most common is economic compensatory damages, that are designed to reimburse you for any monetary losses caused by the accident. These can include hospital bills or ongoing treatment as well as any loss of income due to your injuries.
In addition to the economic compensation damages, you could also be able to receive punitive damages from the responsible party. These are meant to punish the defendant for their wrong actions and to discourage similar behavior in the future. This type of compensation could be difficult to prove in court, however there are certain aspects that can help you establish an amount that is fair. This could include evidence from the driver log of the trucker electronic driving records as well as evidence of cell phone usage, and reports or opinions of forensic or financial experts.