How to Make a Semi Truck Accident Legal
Collisions involving semi trucks are frequent on our highways. Because of their intimidating size, the injuries sustained when a collision occurs with a vehicle can be severe.
If you have been injured in a collision with a truck An experienced lawyer can help you receive the compensation you deserve. Learn about the kinds of truck accidents and how they may affect your case.
1. Investigate the cause of the accident.
The evidence must be collected as soon as it is available following an accident. This is especially crucial in cases involving semi-trucks. There are a variety of sources of information, such as the black box data from the truck driver and his cell phone records. Other devices that are technological such as crash recorders, or the "nanny camera" on a truck, can also be used to provide evidence.
It is also vital to involve the police as soon as possible in any semi truck crash. This will result in a complete and accurate report of the incident. Without a proper and thorough investigation by the police, it could be difficult to establish what actually happened and who was responsible in the crash.
After the police arrive, it is best to answer questions in the amount you are comfortable. It is not an ideal idea to speculate or guess at any information in order to make yourself appear better. These kinds 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 collect a variety of evidence on the scene, such as photographs of the vehicles as well as the surrounding area. The police officer will also note down the names and contact numbers of any witnesses who might have witnessed the incident. It is also an excellent idea to take a picture of the truck's plate as well as any other markings that identify the vehicle or the trailer.
Rear-end collisions are one of the most frequent causes of semi-truck accidents. These kinds of accidents typically occur when a vehicle follows too closely. In these situations, the driver of the truck will probably slam the back of the vehicle or truck in front of him, causing serious or fatal injuries.
Other causes of semi-truck accidents are tire blowouts and shifting loads, inadvertent maintenance of the trailer or truck and more. A personal injury lawyer who is knowledgeable of these issues can assist you to prove the responsibility for your injuries. In most situations, a driver of a truck is responsible for any accident that was caused due to their negligence. However there are other avenues to compensation that can be pursued in the event that the cause of the accident was something else, such as an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
Contacting the police is the first step you should take after an accident involving semi-trucks takes place. They will attend and record official statements about the accident including any injuries that occurred. This will also provide you with a copy of the official police report to use in your claim for damages. The NYPD keep their reports on site at their precincts for a long time so if you're close to the location of the accident (or can visit there easily), you should take one. Alternately, you can utilize the NYPD's online portal to request the report.
Besides speaking to the police, it's also important to gather information from everyone involved in the accident. This includes the truck driver, passengers, and any other witnesses. Make sure you know their names, telephone numbers as well as insurance policy details, and the name of the company they work for. If you are able, also capture photos or videos of the scene. This will help you record the accident, and also give a visual record of the moment of impact which could be valuable in the future.
In a lot of cases truck accidents are the result of negligence or error by the driver. This could be due to drowsiness, distraction, driving while under the influence of alcohol or drugs or speeding. These issues can be particularly risky when driving a large, heavy vehicle.
Another cause of semi-accidents is bad roads or conditions. Trucks are not easy to maneuver, so when they're driving in poor conditions, they can easily become uncontrollable and collide with smaller vehicles.
Incorrect maintenance of the trailer or truck is the third leading reason for truck accidents. A vehicle that is not properly maintained can be dangerous because it is more likely to overturn or suffer mechanical malfunctions. This could be caused by inclement weather, driver fatigue, or simply neglect from the trucking company.
An experienced truck accident lawyer will investigate the accident and determine the responsible parties and gather evidence to back your case. They will also handle all communications with the trucking company's insurance company so you don't need to worry about them trying to fool you into admitting to fault or reducing the amount of compensation you deserve.
3. Gather Information
Photograph everything you see while you wait for the police. Included in this are the damage to the vehicles involved, and skid marks or anything else that could aid your case. It is also a good idea to capture the driver of the truck and their passengers as well as witnesses who may have seen the accident. It will be less time-consuming to search for people later and your lawyer will be in a position to determine who is accountable.
Be sure to ask eyewitnesses whether they'll be able to speak under the oath. This will help ensure that their assertions are truthful and do not get influence by other people's perceptions of the events. Witness statements are crucial in determining the cause of an accident. They can be used to prove the trucking company's negligence.
It is essential to gather as much information regarding the trucking company, the driver and their background. This could include an image of the commercial driver's licence of the driver along with their qualification for employment and their training file. It could also include a history check, results of a drug screening and safety performance records. Your attorney can request this information if needed.
Another important piece of evidence is the trucker's phone records. It can be used to determine whether the trucker was actually on the phone at the incident, and it could be grounds for a lawsuit. The company's phone records can also be used to determine what sort of policies they have set in place regarding texting and driving.
It is essential to gather all medical documents and bills. This will help you demonstrate the severity of your injuries and the amount of compensation you should receive for your monetary losses. Economic damages cover things like medical expenses loss of earnings, and future earning potential. Non-economic damages include intangible losses such as pain and suffering, mental distress and loss of consortium.
salt lake city semi truck accident attorney can assist you in gathering all the information you need and negotiate on behalf of you with the insurance company when you are looking to file an insurance claim for a semi truck.
4. Contact a Lawyer
While it is understandable to be upset following the collision with a semi truck, it's vital to stay 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 at the location until the police allow you to leave.
When you arrive at the scene, take note of any damage to your vehicle or personal property, as well as any injuries you suffered. If possible, it is best to document this with images or video. However, notes will also suffice. Also, you should note the name of the driver and company they work for as this information could be useful later on in your case. Also, speak to any witnesses you have and obtain their contact details immediately if you can. It is also beneficial to have photographs of the site prior to any cleanup as they can be used as evidence if required.
If you've been injured in a semi-truck crash It is essential to seek medical attention immediately and notify the police as soon as you can. It's also vital not to admit guilt, as this could hinder the chances of receiving an equitable settlement for your claim. If the trucking company tries to contact you with a proposal to settle and you're not sure how to respond, it's best to politely decline and contact a lawyer.
You may be eligible to claim damages from the party who is at fault in a semi-truck accident. The most common is compensatory damage, which is intended to cover any financial losses that you may have suffered in the aftermath of the crash. These can include emergency hospital visits, room charges continuing treatments, and any loss of income due to the injuries you suffered.
You may also be entitled to punitive damages in addition to the economic damages. These are intended to punish the defendant for their illegal actions and to discourage similar behavior in the future. This type of compensation can be difficult to prove in court, however there are certain elements that can help you determine an appropriate amount. These could include data from the trucker's driver log and electronic data from the driver's log, evidence of cell phone usage, reports or opinions from financial or forensic experts.