How to Make a Semi Truck Accident Legal
Accidents involving semi trucks are commonplace on America's highways. Due to their size truck accidents can result in serious injuries.
If you have suffered injuries in a collision involving trucks, a skilled lawyer can help you get the compensation you're entitled to. Find out about the various kinds of truck accidents and how they affect your case.
1. Investigate the Cause of the Accident
Evidence must be gathered immediately following an accident. This is particularly important in cases involving semi trucks. There are many sources of information, such as the black box data from the truck driver and his cell phone records. It is also possible for other technological devices to be used to provide evidence, like crash data recorders or a truck's "nanny cam." All of this information will help determine the cause of the accident and who is at fault.
It is also essential to have the police involved immediately in any semi truck crash. This will ensure a full and accurate report is prepared of the incident. Without a thorough and accurate police investigation, it could be difficult to establish the truth about what 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 an ideal idea to speculate or make up your mind about anything to make yourself appear better. These answers could be used against you by the trucking company or driver in court.
hammond semi truck accident lawsuit from the police department will collect various kinds of evidence on the scene, including photographs of both vehicles and the surrounding area. The police officer will take down the names and phone numbers of anyone who may have witnessed the accident. It is also an excellent idea to take a photo of the truck's number plate and any other identifying marks on the vehicle or the trailer.
Rear-end collisions are one of the most frequently occurring causes of semi-truck accidents. These accidents typically occur when a vehicle follows too closely. In these situations, the truck driver is most likely to slam into the back of the vehicle ahead of them, and often can cause serious or fatal injuries to the passengers in that vehicle or truck.
Tire blowouts, shifting loads, inadequate maintenance of trailers or trucks as well as other factors are the main causes of semi-truck crashes. A reputable personal injury attorney can help you understand these issues and can help you prove who is accountable for your injuries. In most cases, the truck driver will be liable for any accidents caused by their negligence. There are other ways to seek compensation if a different factor caused the accident like an error in manufacturing on the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take when an accident involving semi-trucks occurs. They will come to the scene and make official statements about what happened and any injuries. You will also receive a formal police report you can use to support your claim for damages. The NYPD keeps their reports on site at their precincts for a long time so if you're close to the spot of the accident (or could easily visit the area) then you should pick one up. You can also request a 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 passengers, truck drivers as well as anyone other person who was. Try to get their names, telephone numbers as well as insurance policy details, and the name of the company they work for. If you can, also capture photos or videos of the scene. This will help you to document the accident, and also provide an image of the moment of impact.
Accidents involving trucks are usually caused by driver error or error. This could result from drowsiness, distraction, driving while under the influence of alcohol or drugs, or speeding. These dangers are particularly pronounced when driving heavy, big vehicles.
Poor road conditions or weather conditions are another frequent cause of semi-accidents. Trucks are difficult to maneuver and could easily become uncontrollable if driven in bad weather conditions.
Incorrect maintenance of the trailer or truck is the third leading reason for truck accidents. Unmaintained trucks are more likely to tip over or suffer mechanical issues. This could be due to poor weather, driver fatigue, or inattention on the part the trucking company.
A truck accident lawyer will investigate the incident and determine who is responsible, and collect evidence to strengthen your claim. They will also handle all communication with the trucking company's insurance company so you don't have to worry about them trying to get you to admit to the responsibility or reducing the amount of compensation you're entitled to.
3. Gather Information
While you wait for the police to arrive, it's vital to take photographs of everything. Included in this are the damages to any vehicles involved as well as skid marks and anything else that could help your case. You should also take photographs of the passengers and driver of the truck, as well witnesses who might have witnessed the accident. This will prevent you from needing to locate people later, and it will help your lawyer determine who might be liable for the crash.
If you are talking to witnesses, make sure that they are willing to give a statement under the oath. This will ensure that their words remain true and aren't influenced by other people’s versions of the incidents. Witness statements are critical for determining the cause of the accident and can be used to prove negligence which is one way you can claim compensation from the trucking company.
In addition to eyewitness statements, it is important to gather as much detail regarding the trucking company and the driver. This could include their personnel qualifications and training files along with a copy commercial driver's license, a history of tests, results of drug screening and safety performance reports. This information can be requested by your attorney should it be required.
Another vital piece of evidence is the trucker's phone records. This could reveal whether the driver was on the phone at the time the accident happened and could be the basis for a lawsuit. The trucking company's phone records can be used to determine what kind of policies they have set in place regarding texting while driving.
Additionally, it is important to gather medical records and bills. This will help you establish the extent of the injury and the amount you must be paid for financial losses. Economic damages cover things like medical expenses losses of earnings and the potential for future earnings. Non-economic damages cover intangible losses, such as suffering and pain, mental anguish and loss consortium.
An experienced attorney can assist you in gathering all the data you need and negotiate on your behalf with the insurance company when you are looking to file a claim for a semi-truck.
4. Contact a lawyer
It's normal to be upset after a collision involving semi-trucks, but it's also important to remain calm. Don't leave the accident scene, whether injured or not. This is not only unprofessional, but also illegal. You should remain at the scene as long as you are allowed by authorities.
When you arrive at the scene, take note of any damage to your vehicle or personal property, as well as any injuries you sustained. It is best to do this through video/pictures if possible but notes are fine too. This information can prove useful in the future. Also, speak to witnesses you know and get their contact numbers immediately if you can. It's also helpful to have photographs of the site before any cleanup begins since they could be used as evidence if required.
If you've suffered injuries by a semi truck accident, it's important to seek medical attention immediately and call the police right away. It's also essential to not admit fault as this could reduce your chances of receiving an equitable settlement. If the trucking firm contacts you and offers a settlement to settle your claim, you must decline the offer and consult an attorney.
You could be able to recover damages from the person at fault in a semi truck accident. The most straightforward of these is economic compensatory damages, which are meant to reimburse you for any losses in money caused by the accident. This could include hospital expenses or ongoing treatment as well as any income loss due to your injuries.
In addition to financial compensatory damages, you may also be able to receive punitive damages from the party at fault. These are meant to punish the defendant for their illegal actions and prevent similar actions in the future. It isn't easy to prove this kind of compensation in court, however certain elements can help you determine the right amount. These could include data from the trucker's driver's log electronic driving records and evidence of mobile phone usage, reports or opinions of forensic or financial experts.
