How to Make a Semi Truck Accident Legal
On the roads of America collisions with semi trucks are not common. Due to their size, truck accidents can result in serious injuries.
If you have been injured in a car accident, an experienced attorney can help you receive the compensation you're due. Learn about the different types of truck accidents that happen and how they could affect your case.
1. Investigate the Accident
In any accident, the evidence must be gathered and stored right away. This is especially important in cases involving semi-trucks. There are other sources of information, such as the black box data from the truck driver and his cell phone records. Other technological devices, such as crash recorders, or the "nanny camera" on a truck, could also be used as evidence.
It is also crucial to get the police involved whenever possible in any semi truck crash. This will ensure a full and accurate report is filed of the incident. Without a thorough and accurate investigation by the police, it could be extremely difficult to prove the truth about what happened and who was at fault in the crash.
After the police arrive at your home, you should answer questions in the amount you feel at ease. It is not recommended to think or make guesses about any information in order to appear more professional. These types of answers can later be used by the truck driver, trucking company or their insurance companies against you in court.
The police officer will gather many different kinds of evidence from the scene, such as photographs of both vehicles as well as the surrounding area. They will also write down the names and contact details of any witnesses that may have witnessed the accident. Also, it's ideal to take a picture of the truck's license plate and any other markings that are on the vehicle or trailer.
Rear-end collisions are one of the most frequent causes for semi-truck accidents. They typically occur when a truck or car is following too closely. In these situations the truck driver is most likely to slam into the back of the vehicle in front of them, and in many cases may cause fatal or serious injuries to the passengers of the car or truck.
Tire blowouts, shifting of loads, poor maintenance of trucks or trailers as well as other factors are factors in semi-truck accidents. A qualified personal injury attorney will understand these issues, and will help you establish who is responsible for your injuries. In the majority of instances, the driver of the truck will be liable for any accident that is the result of their negligence. There are other ways to seek compensation in the event that a different cause of the accident was to blame, such as an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
If an accident involving semi-trucks the first thing you should take is to notify the police. They will come to the scene and take official reports on what happened, including any injuries. You will also receive an official police report that you can use to back your claim for damages. The NYPD keeps their reports on the premises at their precincts for a long time which means that if you live close to the location of the incident (or is able to go there easily) then you should take one. Or, you can go to the NYPD's online portal to make a request for the report.
It is essential to speak to everyone involved in the accident, including the truck driver and passengers. This includes the truck driver, the passengers, and any other witnesses. bellflower semi truck accident law firm should try to find their names, contact numbers, insurance information, and company name. It's also a good idea to capture photos or videos of your scene, if possible. This will help you document the incident and provide a visual record of the moment of impact which could be valuable later on.
The majority of accidents involving trucks are result from driver negligence or a mishap. This could include drowsiness, distracted driving, driving under the influence of alcohol or drugs or speeding. These are all risky when driving heavy, big vehicles.
Another major cause of semi accidents is bad road or conditions. Trucks aren't simple to maneuver, and when they're driving in poor conditions, they are likely to become unstable and cause collisions with smaller vehicles.
The third most frequent cause of truck accidents is poor maintenance on the trailer or truck. A poorly maintained truck is more likely to roll over or have mechanical issues. This could be due to inclement weather, driver fatigue, or simply a lack of attention from the trucking company.
A lawyer for a truck accident will investigate the incident and determine who is responsible, and collect evidence to prove your case. They will also handle all communications with the insurance company of the trucking company so that 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 crucial to take pictures of everything. Included in this are the damage to any vehicle involved, and skid marks or anything else that could aid your case. It's also a good idea to capture the driver of the truck as well as their passengers and any witnesses that may have witnessed the accident. You won't have to search for witnesses later and your lawyer will be capable of determining who is responsible.
Be sure to ask witnesses whether they'll testify under the oath. This will help ensure that their statements are accurate and do not get influence by other people's perceptions of the events. Witness statements can be crucial in determining what caused an accident and can also be used to demonstrate the negligence of the trucking company.
It is important to gather as much information as you can about the trucking company, the driver, and their background. This could include a copy of the driver's commercial driver's permit, their personnel qualification and their training file. It could also include a history check, drug screening results and safety performance records. This can be subpoenaed by your attorney in the event of a need.
The trucker's phone logs are another important piece of evidence. This will show whether the trucker was actually on the phone at the moment of the accident, and could be the basis for an action. The company's phone records can also be used to determine the type of policies they have in place regarding texting and driving.
It is important to collect all medical records and bills. This will help you prove the severity of your injury and the amount you need to be paid for your financial loss. Economic damages 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.
An experienced lawyer can assist you in gathering all the necessary information and negotiate on behalf of you with the insurance company when you are looking to file an accident claim for a semi truck.
4. Contact a Lawyer
While it is understandable to be upset after collisions with semi truck, it's important to remain calm. If you've been injured, or even if you're not leave the scene of the accident. This is not only unprofessional but also illegal. Keep your eyes on the scene for until you're allowed to by authorities.
After arriving at the scene, take note of any damage to your vehicle or personal property, and any injuries you suffered. It is best to document this with pictures or videos if you can however notes can be used too. This information can be very useful in the future. Additionally, talk to any witnesses you have and get their contact information whenever you can. It's also beneficial to take photos of the scene before any cleanup is underway as they could be used as evidence if needed.
If you've been hurt in a semi truck crash It's crucial to seek medical attention immediately and call the police right away. It's also vital not to admit fault because this can hurt your chances of getting a fair settlement for your claim. If a trucking company calls you with an offer to settle and you're not sure how to respond, it's best to accept the offer but politely decline, and then contact an attorney.
You could be able to recover damages from the party who is at the fault in a semi-truck crash. One of the most common is economic compensation damages, which are designed to compensate you for any losses in money associated with the wreck. This could include hospital expenses and ongoing treatments, as well as any loss of income resulting from your injuries.
In addition, to the economic compensatory damages, you could also be eligible to receive punitive damages from the party at fault. These are meant to punish the defendant for their wrongful actions and to discourage similar behavior in the future. This kind of compensation may be difficult to prove in court, however there are certain factors that can help you determine a fair amount. These could include data from the driver log of the trucker, electronic driving data as well as evidence of cell phone usage, as well as reports or opinions of forensic or financial experts.