How to Make a Semi Truck Accident Legal
Collisions involving semi trucks are commonplace on America's highways. Due to their size, the injuries sustained in a collision with a truck can be severe.
If you've been injured in a truck accident, an experienced attorney will help you obtain the compensation you're due. Find out about the various kinds of truck accidents and how they impact your case.
1. Investigate the accident
The evidence must be collected as soon as it is available after an accident. This is particularly important when it comes to semi-trucks. There are many sources of information available, including the black box data of the truck driver's cell phone records. Other technological devices, such as crash recorders, or the "nanny camera" on a truck, are also a possibility for evidence.
In any semi-truck accident, it is important to inform the police as soon as possible. This will result in an accurate and complete report of the incident. Without a proper and thorough police investigation, it could be difficult to establish what actually happened and who was at fault in the crash.
It is best to answer questions in a way that is comfortable once the police arrive. It is not recommended to think or make up your mind about anything in an attempt to make yourself appear better. These answers could be used against you by the trucking company or driver in court.
The police officer will take many different kinds of evidence from the scene, including pictures of both vehicles as well as the surrounding area. They will also record the names and contact details of anyone who may have seen the accident occur. Additionally, it is recommended to take pictures of the license plate of the truck as well as any other markings that are visible on the trailer or vehicle.
One of the most common causes of semi-truck accidents is rear-end collisions. These typically occur when a car or truck is following too closely. In these instances, the driver of the truck could hit the back of the car or truck in front of him, causing serious or fatal injuries.
Tire blowouts, shifting loads, improper maintenance of trucks or trailers, and others are also factors in semi-truck accidents. A reputable personal injury attorney can help you understand these issues and can help you determine who is accountable for your injuries. In most instances, the driver of the truck is responsible for any injury caused by their negligence. However there are other avenues to recover compensation that may be pursued if it is determined that the cause of the accident was different, such as a manufacturing defect in the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take after an accident with a semi-truck occurs. They will be at the scene and make official statements on what transpired including any injuries. This will also provide you with a formal police report that you can use in your claim for damages. The NYPD keep reports on site at their precincts for 30 days and if the incident happened close to the area where you live (or which you can easily visit in person), you should go there and pick up an original copy. You can also request a NYPD report online.
It is essential to speak to everyone involved in the crash including the truck driver and passengers. This includes the truck driver, passengers, and any other witnesses. Try to find their names, numbers, insurance policy information, and the name of the company they work for. If possible, you should also take photographs or video of the scene. This will help record the accident and will also give an image of the moment of the impact.
In many cases, truck accidents are the result of negligence or error by the driver. This could result from drowsiness, distracted driving, driving under the influence of alcohol or drugs or speeding. These are all factors that can be dangerous when driving a large or heavy vehicle.
Conditions on the road or in the weather are another common cause of semi-accidents. Trucks are difficult to maneuver and could easily become uncontrollable in bad weather conditions.
Unprofessional maintenance of the trailer or truck is the third major reason for truck accidents. Trucks that are not maintained properly are more likely to roll over or have mechanical problems. This could be due to poor weather, driver fatigue, or negligence on the part of the trucking company.
A truck accident lawyer will investigate the accident and identify the parties responsible, and collect evidence to support your claim. They will also handle any communications with the insurance company of the trucking company's company, so you won't be worried that they attempt to convince you into accepting the blame or decreasing your compensation.
3. Gather Information
Photograph everything you see while you wait for the police. This includes the damage to all vehicles involved, skid marks, and anything else that may help your case. You should also take pictures of the passengers and driver of the truck, as well any witnesses who may have witnessed the incident. This will help you avoid having to track people down later, and it can aid your lawyer in determining who is responsible for the crash.
If you are talking to witnesses, ensure that they are prepared to be under an oath. This will help ensure that their statements are accurate and do not get altered by other people's accounts of the events. Witness statements can be crucial in determining what caused an accident and can be used to show the negligence of the trucking company.
It is essential to gather as much information as you can about the trucking company, the driver and their background. 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 may also include a history check, drug screening results and safety performance records. Your attorney may subpoena this information if necessary.
The trucker's phone records are a different important piece of evidence. It can be used to determine whether the driver was on the phone when the accident happened and could form the basis for lawsuit. The records of the trucking company's phones can be used to determine what type of policies they have in place regarding texting and driving.
Finally, it is essential to keep medical documents and bills. This will help you establish the extent of your injuries and the amount of compensation you'll be awarded for your financial losses. Economic damages can include medical expenses loss of earnings, as well as future earning potential. Non-economic losses include intangible damages such as pain and suffering mental distress, and loss of consortium.
An experienced lawyer can assist you in gathering all the information you need and negotiate on behalf of the insurance company should you decide to file a claim for a semi truck.
4. Contact a Lawyer
It's normal to feel angry after a collision with a semi-truck however, it's important to remain calm. Don't leave the accident scene, regardless of whether you're injured or not. This is not only unprofessional but also illegal. Instead, stay at the location until the police permit you to leave.
Document any damage that has occurred to your vehicle or personal property as in addition to any injuries you've suffered. If possible, it's best to document this incident with video or pictures. However waco semi truck accident law firm will suffice. This information can be very useful in the future. Contact witnesses and collect their contact information as quickly as you can. Before you do any cleanup, it's a good idea to capture photos of the crash site. These could be used as evidence should you require them.
If you've been injured in a semi-truck accident, it is important to seek medical attention right away and contact the police. It's also crucial not to admit fault because this can hurt the chances of receiving an equitable settlement for your claim. If a trucking company calls you with a proposal to settle you should accept the offer but politely decline, and then contact a lawyer.
There are several different types of damages that you may be able to claim from the at-fault party involved in a semi truck accident. The most basic is economic compensatory damage, which is meant to cover any financial losses that you may have suffered in the aftermath of the crash. This could include hospital expenses and ongoing treatments, as well as any loss of income due to your injuries.
You may also be entitled to punitive damages in addition to economic damages. They are designed to punish the defendant and discourage similar behaviour in future. It can be a challenge to prove this type of compensation in court, but certain factors can help determine the right amount. These include the logs of the trucker electronic driving record and evidence of the use of a cell phone, as well as reports or opinions from financial or forensic experts.