How to Make a Semi Truck Accident Legal
Collisions with semi trucks are common on the nation's highways. Due to their size, the injuries suffered in a collision with a truck may be serious.
If you have suffered injuries in a collision involving trucks, a skilled lawyer can help you recover the compensation you're entitled to. Learn more about the different types of truck accidents and how they can affect your case.
1. Investigate the cause of the accident.
Evidence must be gathered immediately after an accident. This is especially crucial in cases involving semi-trucks. This is due to the fact that there are a myriad of sources of evidence and information, such as the black box used by the truck driver data and 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 cam." All of this information can help determine the cause of the accident and who was at fault.
In the event of a semi-truck crash it is imperative to involve the police as quickly as possible. This will guarantee a complete and accurate report of the incident. Without a thorough and accurate police investigation, it could be difficult to establish what really happened and who was responsible in the crash.
If the police show up and you are questioned, it is recommended to answer any questions to the extent you are at ease. It is not an ideal idea to speculate or guess at any aspect in order to make yourself look better. These types of answers may later be used by the truck driver, the trucking company, or their insurance companies against you in court.
The officer from the police department will gather different evidence at the scene, such as photographs of the vehicles and the area around. They will also record the names and contact information of any witnesses that may witness the incident. It is also an excellent idea to take a photograph of the truck's number plate and any other markings that identify the trailer or the vehicle.
One of the most frequent causes of semi-truck accidents are rear-end collisions. These accidents usually occur when a vehicle is following too closely. In these situations, the driver of the truck could smash the back of the vehicle or truck in front of him, causing severe or fatal injuries.
Tire blowouts, shifting loads, insufficient maintenance of trailers or trucks as well as other factors are the main causes of semi-truck crashes. A personal injury lawyer who is knowledgeable of these issues can help you prove liability for your damages. In the majority of cases, a trucker is responsible for any accident caused by their negligence. However, there are joliet semi truck accident attorney to compensation that could be pursued if the cause of the accident was different like an issue with the manufacturing process of the trailer or truck.
2. Contact the Police
If an accident involving semi-trucks, the first thing to do is call the police. They will arrive and take down official statements about the accident, including any injuries that were sustained. You will also receive a formal police report you can use to back your claim for damages. The NYPD keeps their reports on site at their precincts indefinitely, so if you are near the site of the incident (or can visit there easily) it is recommended that you get one. You can also request the NYPD report online.
It's important that you speak to everyone involved in the crash including the truck driver as well as passengers. This includes the truck drivers, passengers as well as anyone else who was present. Make sure you know their names, telephone numbers, insurance policy information, and the name of the company they work for. If you can, also take photographs or video of the scene. This will allow you to document the accident, and also provide a visual record the moment of impact, which could be valuable in the future.
In many cases, truck accidents are the result of driver error or negligence. This could include drowsiness, distracted driving, driving under the influence of drugs or alcohol or speeding. These factors can be especially risky when driving a large automobile that is heavy and large.
Another reason for semi accidents is bad road or conditions. Trucks can be difficult to maneuver, and they can easily become uncontrollable if driven in adverse conditions.
Another common cause of accidents involving trucks is the lack of maintenance on the trailer or the truck. Trucks that are not maintained properly are more likely to rollover or have mechanical issues. This could be due to bad weather, driver fatigue, or neglect on the part of the trucking company.
A reputable truck accident lawyer will investigate the accident, determine all liable parties, and gather evidence to prove your case. They will also handle all communications with the insurance company of the trucking firm so you do not have to worry about them trying to trick you into admitting responsibility or reducing the amount of compensation you're entitled to.
3. Gather Information
While you are waiting for the police to arrive, it is important that you take photographs of everything. Included in this are damage to any vehicles involved as well as skid marks or anything else which could aid in your case. Also, you should take photos of the driver and passengers of the truck, and witnesses who may have witnessed the accident. This will save you from having to find them in the future, and will help your lawyer determine who is responsible for the accident.
Be sure to ask eyewitnesses if they will speak under the oath. This will ensure that their statements are true and not altered by other people's accounts of the incidents. Witness statements are essential for discovering the root of the accident. They are also used to prove negligence which is one way you can get compensation from the trucking company.
It is important to collect as much information about the trucking company, the driver and their background. This could include the driver's personnel qualifications and training files and a copy of their commercial driver's license, their history tests, results of drug screening and safety performance reports. This information can be requested by your attorney if needed.
The phone records of the trucker are another important evidence. This will reveal if the trucker was on the phone at the time of the accident, and could be the basis for an action. The phone records of the trucking business can be used to determine if they have any policies in place about texting while driving.
In the end, it is crucial to keep medical documents and bills. This will enable you to demonstrate the extent of your injuries and the amount of compensation you will be awarded for your financial losses. Economic damages can include medical expenses, lost earnings and future earning potential. Non-economic damages are those that result from intangible losses like pain and suffering mental distress and loss of consortium.
If you're looking to file an insurance claim against a semi truck An experienced lawyer can assist you gather all of the information you need and bargain with the insurance company on behalf of you.
4. Contact a lawyer
While it's understandable to be upset after collisions with semi truck, it's important to remain calm. Don't leave the crash site, regardless of whether you're injured or not. This is not only unprofessional, but also illegal. Instead, remain on the scene until authorities allow you to leave.
Note any damage to your car or personal property as and any injuries you have sustained. If possible, it is ideal to document the incident with images or video. However notes will suffice. You should also note down the name of the driver and company they work for in case this information can help later in the event of a case. In addition, speak with any witnesses you have and get their contact details immediately if you can. Prior to any cleanup, it's a good idea to take photos of the crash scene. These could be used as evidence in case you need them.
If you have been injured in a semi-truck accident it is crucial to seek medical attention as soon as possible and contact the police. It is also important to avoid admitting fault because this can hinder the chances of obtaining an equitable settlement. If a trucking company calls you with a proposal to settle but you're not comfortable, you should politely decline and contact an attorney.
You may be eligible to claim damages from the party who is at fault in a semi truck accident. One of the most common is economic compensatory damages that are designed to reimburse the victim for any financial loss that result from the wreck. These could include hospital bills, ongoing treatment, and any income loss due to your injuries.
In addition, to the economic compensatory damages, you may be eligible for punitive damages from the party at fault. These are meant to penalize the defendant for their wrong actions 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 proper amount. These include the records from the trucker's driver's log electronic driving records as well as evidence of cell phone usage, reports or opinions from financial or forensic experts.