How to Make a Semi Truck Accident Legal
On our roads collisions with semi trucks are not common. Because of their intimidating size, the injuries suffered when a collision occurs with a truck can be serious.
If you've been injured due to a collision with a truck, an experienced lawyer can assist you in obtaining the compensation you're entitled to. Learn about the different types of truck accidents and how they impact your case.
1. Examine the incident
In any accident, the evidence must be preserved and collected right away. This is especially important in cases involving semi-trucks. There are other sources of information, including the black box data from the truck driver's cell phone records. It is also possible for other devices to be used as evidence, such as crash data recorders, or a truck's "nanny camera." All of this information will help determine what caused the accident, and who's at fault.
It is also essential to get the police involved as quickly as possible in any semi truck accident. This will ensure a full and accurate report is submitted of the incident. Without a thorough and accurate police investigation, it could be extremely difficult to prove what really happened and who was at fault in the crash.
Once the police arrive and you are questioned, it is recommended to respond to any questions only as much as you are comfortable. Don't speculate or make assumptions to enhance your image. 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 take many different kinds of evidence at the scene, including pictures of both vehicles as well as the surrounding area. The police officer will record the names and contact details of any witnesses who could have witnessed the incident. It is also an excellent idea to take photos of the license plate of the truck and any other markings which are found on the vehicle or trailer.
Rear-end collisions are one of the most common causes for semi-truck accidents. These types of accidents usually occur when a vehicle follows too closely. In these situations, the driver of the truck may hit the rear of the car or truck in front of him, inflicting 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 more. A reputable personal injury attorney will understand these issues, and can help you prove who is accountable for your injuries. In most instances, a truck driver is responsible for any accident caused through their negligence. There are other options to seek compensation in the event that a different incident caused the accident for example, an manufacturing defect in the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take if an accident with semi-trucks happens. They will be able to take down official statements about the accident and any injuries that may have occurred. Additionally, they will give you an official police report to use in your claim for damages. The NYPD keeps their reports on-site in their precincts forever so if you're near to the scene of the incident (or could easily visit the area) You should go pick one up. You can also request the NYPD report online.
Apart from talking to the police, it's important to collect information from all involved in the accident. This includes truck drivers, passengers, and anyone else who was there. You should try to get their name, contact number along with insurance information, as well as the company name. It's also an excellent idea to take photos or videos of your scene, if you can. This will help record the accident, and will also give an image record of the moment of the impact.
In a lot of cases, truck accidents are caused by negligence or error by the driver. This could result from drowsiness inattention, driving while under the influence of drugs or alcohol, or speeding. These dangers are particularly pronounced when driving heavy, large vehicles.
Another cause of semi-accidents is bad roads or weather conditions. Trucks aren't simple to maneuver, so if they're driven in poor conditions, they could become uncontrollable and crash into smaller vehicles.
Incorrect maintenance of the truck or its trailer is the third leading reason for truck accidents. Trucks that are not maintained properly are more likely to tip over or suffer mechanical issues. This could be due to bad weather, driver fatigue or a lack of care by the trucking company.
A reputable truck accident attorney will investigate the accident, determine all liable parties and gather evidence to back your case. They will also manage all communications with the insurance company of the trucking firm so you don't need to be concerned about them trying to convince you to admit that you were at fault, or to reduce the amount of compensation you're entitled to.
3. Gather Information
Photograph everything as you wait for the police. This includes the damages to all vehicles involved, skid marks and any other evidence that could aid your case. It's important to photograph the driver of the truck as well as their passengers, as well as any witnesses that may have seen the accident. You won't need to search for witnesses later on, and your lawyer will be in a position to determine who is responsible.
Be sure to ask eyewitnesses whether they'll be able to speak under the oath. This will ensure that their claims are accurate and not affected by other people's perceptions of the incidents. Witness statements are essential for finding out the cause of the accident. They can also be used to prove negligence, which is one of the ways you can claim compensation from the trucking company.
It is essential to gather as much information about the trucking company, the driver, and their background. This could include their personal qualifications and training files along with a copy commercial driver's license, a history of tests, results of drug screening, and safety performance records. Attorneys can subpoena the information if needed.
The trucker's telephone records are another crucial evidence. This can reveal whether the driver was on the phone when the accident occurred, and could be the basis for lawsuit. The phone records of the trucking company could be used to determine if they have any policies regarding texting while driving.
Finally, it is essential to keep medical documents and bills. This will help you establish the severity of the injury and the amount you will be compensated for your financial losses. Economic damages can include medical expenses, lost earnings and future earning potential. Non-economic damages are for intangible losses, such as mental anguish and loss of consortium.
If you want to file a semi truck accident claim, an experienced attorney can help you gather all the information you need and negotiate with the insurance company on behalf of you.
4. Contact a lawyer
It's normal to feel angry after a collision that involves semi-trucks but it's also crucial to remain calm. Don't leave the accident scene, whether injured or not. This is not only unprofessional, but it's also illegal. Stay on the scene until you're allowed to by authorities.
Note any damage to your vehicle or personal property as and any injuries you have sustained. If possible, it's best to document this incident with video or pictures. However notes can also be used. Also, colorado semi truck accident claim should note the name of the driver and company they work for as this information could be helpful later in your case. Speak to witnesses and get their contact information as quickly as you can. Before you do any cleanup it's a good idea to take photos of the crash site. These could be used as evidence in the event that you need them.
If you've been hurt by a semi truck accident, it's important to seek medical attention immediately and contact the police right away. It's also essential not to acknowledge fault, as this could hinder your chances of obtaining a fair settlement for your claim. If a trucking firm contacts you with a proposal to settle you should be polite and decline the offer and consult an attorney.
There are several different types of damages you could be able to recover from the at-fault party involved in a semi truck accident. The most basic is economic compensatory damages which are intended to reimburse you for any financial losses that result from the wreck. These can include emergency hospital visits, medical bills, ongoing treatments, and any loss of income resulting from the injuries you sustained.
You may also be entitled to punitive damages in addition to economic damages. These are intended to penalize the defendant and prevent similar actions in future. It isn't easy to prove this type of compensation in court, however certain aspects can help determine the right amount. These could include data from the trucker's driver log electronic driving records as well as evidence of cell phone usage, as well as reports or opinions from financial or forensic experts.