How to Make a Semi Truck Accident Legal
On the nation's roads collisions with semi trucks are not uncommon. Because of their intimidating size, the injuries suffered in a collision with a truck may be serious.
If you've suffered an injury due to a collision with trucks, a skilled lawyer can help you obtain the compensation you're entitled to. Find out about the various kinds of truck accidents and how they could affect your case.
1. Investigate the accident
In the event of an accident, the evidence must be preserved and collected right away. This is particularly important in cases involving semi trucks. There are many sources of information available, including the black box records of the truck driver and his cell phone records. Other devices, such as crash recorders, or the "nanny camera" on a truck can also be used as evidence.
It is also vital to have the police involved whenever possible in the event of a semi-truck accident. This will ensure that an accurate and complete report is filed of the incident. It is difficult to prove the truth and determine who is responsible for the crash without a thorough police investigation.
It is best to respond to questions as much as is comfortable once the police arrive. Do not speculate or make assumptions to attempt to improve your image. These answers could be used against you by the trucking company or driver in court.
The officer of the police will collect various kinds of evidence on the scene, including photos of both vehicles and the surrounding area. sioux city semi truck accident law firm will record the names and contact numbers of any witnesses who may have witnessed the accident. It is also an excellent idea to take photos of the license plate on the truck and any other identifying marks that are on the vehicle or trailer.
Rear-end collisions are one of the most frequent causes of semi-truck accidents. These usually happen when a car or truck is following too closely. In these instances, the driver of the truck may hit the rear of the vehicle or truck in the front of him, causing serious or fatal injuries.
Other causes of semi-truck accidents are blowouts of tires shift loads, inadequate truck or trailer maintenance, and many more. An experienced personal injury lawyer can be a great resource for these issues and can help you determine who is liable for your damages. In most cases, a truck driver is responsible for any accident caused due to their negligence. However, there are other routes to recover compensation that may be pursued if it is determined that the cause of the accident was different, such as an issue with the manufacturing process of the trailer or truck.
2. Contact the Police
If you are involved in an accident that involves a semi-truck happens the first thing you must do is call the police. They will attend the scene and make official reports on what happened, including any injuries. You will also receive an official police report that can be used to prove your claim for damages. The NYPD keeps their reports on site in their precincts forever and, therefore, if you're near to the scene of the accident (or can visit there easily), you should take one. You can also use the NYPD's online portal to make a request for an investigation.
It's important that you speak to everyone involved in the accident, including the truck driver and passengers. This includes truck drivers, passengers as well as anyone other person who was. It is recommended to obtain their name, number as well as their insurance details and company name. If you can, also capture photos or videos of the scene. This will help you to document the accident, and also provide an image record of the moment of the impact.
In many instances, truck accidents are the result of the negligence or fault of the driver. This could include drowsiness, distraction, driving under influence of drugs or alcohol or speeding. These can be particularly risky when driving a large or heavy vehicle.
Another reason for semi accidents is bad road or conditions. Trucks aren't easy to control, so when they're driven under poor conditions, they are likely to become uncontrollable and crash into smaller vehicles.
Another reason that is frequently cited for truck accidents is improper maintenance of the trailer or truck. Trucks that are not maintained properly are more likely to roll over or have mechanical issues. This could be due to bad weather, driver fatigue, or simply neglect from the trucking company.
A lawyer for a truck accident will investigate the incident and determine the responsible parties and gather evidence to support your claim. They will also handle all communications with the insurance company of the trucking company so that you do not need to be concerned about them trying to convince you to admit guilt or reducing the amount of compensation you deserve.
3. Gather Information
Photograph everything as you wait for the police. Included in this are the damage to any vehicle involved, and skid marks or anything else that could aid your case. You should also take pictures of the passengers and driver of the truck, and any witnesses who may have witnessed the accident. This will help you avoid having to find them later, and it can help your lawyer determine who's responsible for the accident.
When speaking to any eyewitnesses, ensure that they are willing to talk under oath. This will ensure that their claims are true and are not influence by other people's perceptions of the events. Witness statements can be vital in determining what caused an accident and can also be used to show the negligence of the trucking company.
It is essential to gather as much information regarding the trucking company, the driver and their background. This can include an image of the commercial driver's licence of the driver as well as their personal qualification and their training file. It can also include a past check, drug screening results and safety performance records. This can be subpoenaed by your attorney, if required.
The trucker's telephone records are another significant evidence. This will reveal if the driver was on the phone when the accident happened and could form the basis for an action. The records of the trucking company's phones can be used to determine what type of policies they have in place with regard to texting while driving.
Finally, it is essential to gather medical records and bills. This will allow you to prove the severity of your injury and the amount you should be compensated for financial losses. Economic damages can include medical expenses, lost earnings and future earning potential. Non-economic damages are for intangible losses such as pain and suffering, mental anguish and loss of consortium.
An experienced lawyer can help you gather all the information you need and negotiate on behalf of the insurance company should you decide to file a claim for an accident for a semi-truck.
4. Contact a Lawyer
While it is understandable to be upset following collisions with semi truck, it's important to stay calm. Don't leave the accident scene, regardless of whether you're injured or not. This not only looks unprofessional, it's also illegal. Instead, remain there until the authorities allow you to leave.
Document any damage to your vehicle or personal property, as and any injuries you have sustained. It is recommended to do this using pictures or videos but notes will work as well. This information could prove useful in the future. Talk to witnesses and get their contact information as quickly as you can. It's also helpful to take photos of the crash site before any cleanup is underway as they can be used as evidence if needed.
If you've been hurt in a semi truck crash, it's important to seek medical attention immediately and get in touch with the police right away. It's also vital not to admit guilt, as this could hinder your chances of getting an adequate settlement for your claim. If a trucking firm contacts you with a proposal to settle but you're not comfortable, you should accept the offer but politely decline, and then contact a lawyer.
There are several different types of damages that you might be able to claim from the at-fault party involved in a semi truck accident. The most straightforward is economic compensatory damage, which is designed to reimburse any monetary expenses you might have suffered in the aftermath of the accident. These may include hospital costs, ongoing treatment, and any income loss due to your injuries.
In addition to economic compensatory damages, you may be able to receive punitive damages from the responsible party. These are intended to punish the defendant and deter similar behavior in future. It can be difficult to prove this kind of compensation in court, but certain elements can help you determine the proper amount. This could include evidence from the trucker's driver's log electronic driving records, evidence of cell phone usage, and reports or opinions from financial or forensic experts.