How to Make a Semi Truck Accident Legal
Collisions with semi trucks are common on the nation's highways. Due to their size, truck accidents can cause serious injuries.
If you've suffered injuries due to a collision with the truck, a knowledgeable lawyer can help you recover the compensation you're entitled to. Find out about the various types of truck accidents and how they could impact your case.
1. Investigate the cause of the accident.
In the event of an accident, the evidence must be gathered and stored right away. This is particularly important when the accident involves semi trucks. There are other sources of information, such as the black-box data of the truck driver's cell phone records. It is also possible for other technological devices to be used as evidence, such as crash data recorders or a truck's "nanny cam." All of this information can help determine the cause of the accident and who was at fault.
It is also essential to get the police involved as soon as possible in any semi truck crash. This will ensure that an accurate and complete report is filed of the incident. Without a proper and thorough police investigation, it could be difficult to establish what really happened and who is at fault in the crash.
If the police show up when they arrive, you should answer questions as much as you feel comfortable. It is not advisable to think about or speculate to attempt to improve your image. These answers could be used against you by the trucking company or driver in court.
The officer from the police department will collect various kinds of evidence from the scene, including pictures of both vehicles and the surrounding area. They will also take note of the names and contact details of any witnesses who might witness the incident. Additionally, it is recommended to take pictures of the license plate of the truck as well as any other identifying marks that are present on the trailer or vehicle.
Rear-end collisions are one of the most frequent causes for semi-truck accidents. These types of accidents usually occur when a vehicle follows too closely. In these situations the truck driver will likely smash the back of the vehicle or truck in front of him, inflicting severe or fatal injuries.
Other causes of semi-truck crashes include tire blowouts, shifting loads, improper truck or trailer maintenance, and many more. A personal injury lawyer who can address these issues can help prove liability for your damages. In most instances, the driver of the truck will be liable for any accident caused by their negligence. However, there are other routes to compensation that could be pursued if the cause of the accident was not related to, such as a manufacturing defect in the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take after an accident involving a semi-truck occurs. They will arrive and record official statements regarding 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 keep their reports on the premises at their precincts permanently and, therefore, if you're close to the spot of the incident (or can visit there easily), you should take one. Alternatively, you can use the NYPD's portal online to request reports.
In addition to speaking with the police, it's essential to collect information from all involved in the accident. This includes the truck driver, the other passengers, and any other witnesses. It is recommended to obtain their name, contact number along with insurance information, as well as the company name. If you can, also take photographs or video of the scene. This will help you document the accident, and will also give an image of the moment of the impact.
In many cases truck accidents are caused by negligence or driver error. vallejo semi truck accident lawyer can be due to drowsiness, distracted driving, driving under the influence of alcohol or drugs or speeding. These factors can be especially risky when driving a large or heavy vehicle.
Weather or road conditions that aren't ideal are another reason for semi-accidents. Trucks are difficult to maneuver and can easily become uncontrollable in bad weather conditions.
Incorrect maintenance of the truck or its trailer is the third leading cause of truck accidents. A vehicle that is not properly maintained could be dangerous as it is more likely to overturn or have mechanical failures. This could be caused by bad weather, driver fatigue or inattention on the part the trucking company.
A reputable attorney for truck accidents will investigate the accident, determine all liable parties and gather evidence to support your case. They will also handle all communications with the insurance company of the trucking company so that you don't need to be concerned about them trying to trick you into admitting that you were at fault, or to reduce 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. This includes the damage to the vehicles involved, skid marks, and anything else that may help your case. It's important to photograph the driver of the truck and their passengers and any witnesses that may have seen the accident. You won't have to look for them later, and your lawyer will be in a position to determine who is accountable.
When you speak to witnesses, ensure that they're willing to give a statement under an oath. This will ensure that their assertions are truthful and are not altered by other people's accounts of the events. Witness statements are crucial in determining the cause of an accident, and may 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 could include their personnel qualification and training file along with a copy commercial driver's license, history checks, drug screening results and safety performance reports. This information can be requested by your attorney in the event of a need.
The trucker's phone records are another significant piece of evidence. This will show if the trucker was on the phone at the time of the accident and could be a basis for a lawsuit. The trucking company's phone records can be used to determine what sort of policies they have in place with regard to texting and driving.
It is essential to keep all medical records and bills. This will enable you to establish the extent of your injuries and the amount of compensation you will get for your financial losses. Economic damages are medical expenses loss of earnings, as well as future earning potential. Non-economic damages cover intangible losses like pain and suffering mental distress and loss of consortium.
If you're interested in filing an insurance claim against a semi truck, an experienced attorney can help you gather all this information together and bargain with the insurance company on your behalf.
4. Contact a lawyer
While it's understandable to be upset following a collision with a semi truck, it's vital to stay calm. If you've been injured, or even if you're not, don't leave the scene of the collision. This is not only unprofessional but also illegal. Instead, stay at the scene until authorities permit you to leave.
Once at the scene, take note of any damage to your vehicle or personal property, and any injuries you may have sustained. If you can, it's best to document this with images or video. However notes can also be used. It is also important to note down the names of the driver and company they work for as this information could be useful later on in your case. Speak to witnesses and collect their contact information as soon as you can. It's also beneficial to take photographs of the wreckage site before you begin cleaning up as they can be used as evidence in the event of a need.
If you've been injured in a semi-truck collision It is essential to seek medical attention immediately and call the police. It's also essential to not admit guilt as this can hinder the chances of obtaining a fair settlement. If a trucking firm contacts you with an offer to settle but you're not comfortable, you should respectfully decline and call a lawyer.
You may be able to collect damages from the person at fault in a semi-truck accident. The most basic of these is economic compensatory damages which are meant to reimburse the victim for any financial loss that result from the wreck. This could include hospital expenses as well as ongoing medical treatment. any income loss resulting from your injuries.
In addition to financial compensatory damages, you may also be eligible to receive punitive damages from the at-fault party. These are intended to punish the defendant and discourage similar behaviour in future. This type of compensation can be difficult to prove in court, but there are certain aspects that can help you determine a fair amount. These include the records from the trucker's driver log, electronic driving data and evidence of mobile phone usage, and reports or opinions from financial or forensic experts.