How to Make a Semi Truck Accident Legal
Accidents involving semi trucks are common on the nation's highways. Due to their size, the injuries suffered in a collision with a truck can be serious.
If you've suffered an injury due to a collision with trucks, an experienced lawyer can assist you in obtaining the compensation you're due. Learn about the different types of truck accidents that happen and how they affect your case.
1. Investigate the cause of the accident
Evidence must be taken as soon as possible following an accident. This is particularly important in cases involving semi-trucks. This is because there are a myriad of sources of information and evidence including the black box that is used by the truck driver data and cellphone records. Other devices, such as crash recorders, or the "nanny camera" on a truck, can also be used to provide evidence.
In any semi-truck collision it is imperative to notify the police as quickly as possible. This will ensure a full and accurate report is filed of the incident. Without a proper and thorough investigation by the police, it could be extremely difficult to prove what really happened and who was responsible in the crash.
It is recommended to only respond to questions as much as feels comfortable once the police arrive. You should not speculate or make assumptions to enhance your image. These types of answers can later be used by the truck driver, trucking company, or their insurance companies against you in court.
The officer from the police department will collect many different kinds of evidence on the scene, including photographs of both vehicles as well as the surrounding area. They will also note down the names and contact details of any witnesses who may have seen the accident occur. Additionally, it is a good idea to photograph the license plate of the truck as well as any other identifying marks which are found on the vehicle or trailer.
Rear-end collisions are one of the most frequently occurring causes of semi-truck accidents. These usually happen when a car or truck is following too closely. In these situations, the driver of the truck is likely to crash into the rear of the vehicle in front of them, and in many cases can cause serious or fatal injuries to the passengers of the car or truck.
Other causes of semi-truck accidents include blowouts of tires, shifting loads, improper maintenance of the trailer or truck and many other. A personal injury lawyer who is aware of these issues can assist you to prove the responsibility for your injuries. In the majority of cases, a truck driver is responsible for any incident that is caused through their negligence. However there are other avenues to compensation that could be pursued if it is determined that the cause of the accident was a different cause, such as a manufacturing defect in the trailer or truck.
2. Contact the Police
If you are involved in an accident that involves semi-trucks happens, the first thing you must do is contact the police. They will attend the scene and record official statements on what transpired, including any injuries. They will also give you an official police report that you can use in your claim for damages. The NYPD maintains reports on-site at their precincts over 30 days and if the incident was close to the place you live (or which you can easily visit in person) then you should visit the location and pick up a copy. You can also request a NYPD report online.
In addition to talking to the police, it's important to collect information from all involved in the accident. This includes passengers, truck drivers, and anyone else who was present. You should try to get their name, phone number as well as insurance information and company name. It is also a good idea to capture photos or videos of your scene, if you are able to. This will allow you to document the accident, and also provide a visual record of the moment of impact which could be crucial in the future.
In many cases truck accidents are the result of negligence or error by the driver. This could result from drowsiness, distracted driving, driving under the influence of alcohol or drugs or speeding. These issues can be particularly risky when driving a large automobile that is heavy and large.
Another reason for semi-accidents is poor road or conditions. Trucks aren't easy to control, so when they're driven in bad conditions, they can easily become uncontrollable and collide with smaller vehicles.
Another common cause of accidents involving trucks is the lack of maintenance on the trailer or truck. A poorly maintained truck is more likely to crash or have mechanical problems. This could be due to bad weather, driver fatigue or even a lack of care from the trucking company.
bolingbrook semi truck accident lawyer for truck accidents will investigate the accident, determine all liable parties and gather evidence to back your case. They will also handle all communications with insurance company of the trucking firm so you don't need to be concerned about them trying get you to admit to the that you were at fault, or to reduce the amount of compensation you're entitled to.
3. Gather Information
While you are waiting for the police to arrive, it's essential to take photos of everything. Included in this are the damage to the vehicles involved, as well as skid marks and anything else that could help your case. You should also take photographs of the driver and passengers of the truck, along with witnesses who might have witnessed the accident. This will avoid having to find them in the future, and will aid your lawyer in determining who's responsible for the accident.
If you are talking to witnesses, make sure that they are willing to be under the oath. This will ensure that their claims are accurate and not altered by other people's accounts of the incidents. Witness statements can be crucial in determining the cause of an accident. They can be used to show the negligence of the trucking company.
It is crucial to collect as much information regarding the trucking company, the driver and their background. This could include a copy of the driver's commercial driver's license as well as their personal qualification and their training file. It may also include a history check, drug screening results and safety performance records. Your attorney can request this information if necessary.
The trucker's phone logs are another significant evidence. This will reveal if the driver was on the phone at the time the accident took place, and could be the basis for a lawsuit. The phone records of the trucking company can be used to determine if they have any rules regarding texting while driving.
In the end, it is crucial to collect medical documents and bills. This will help you prove the extent of your injuries and the amount of compensation you should get for your financial losses. Economic damages are medical expenses along with lost earnings and future earning potential. Non-economic damages cover intangible losses like pain and suffering, mental anguish and loss of consortium.
If you're planning to file a semi truck accident claim, an experienced attorney can assist you put all this information together and negotiate with the insurance company on behalf of you.
4. Contact a lawyer
While it's normal to be upset after 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 not professional, but it's also illegal. Instead, remain on the scene until authorities allow you to leave.
When you arrive at the scene, note any damage that has occurred to your vehicle or personal property, as well as any injuries you sustained. It is recommended to do this using pictures or videos, although notes will do as well. This information will be useful in the future. Talk to any witnesses and collect their contact information as quickly as you can. When you're cleaning up, it's a good idea capture photos of the crash scene. They are a great source of evidence should you require them.
If you have been injured in a semi-truck collision it is imperative to seek medical attention as soon as possible and contact the police. It is also important to avoid admitting fault because this could reduce your chances of obtaining an equitable settlement. If the trucking firm contacts you and offers a settlement but you decline, please get in touch with an attorney.
There are several different types of damages you may be able to claim from the responsible party in a semi-truck crash. The most straightforward of these is economic compensatory damages, that are designed to reimburse you for any monetary losses that result from the wreck. These could include emergency room visits, hospital bills ongoing treatments, and any loss of income resulting from the injuries you sustained.
In addition to financial compensatory damages, you could also be eligible to receive punitive damages from the at-fault party. These are meant to punish the defendant for their negligent actions and to discourage similar behavior in the future. This type of compensation could be difficult to prove in court, but there are certain elements that can assist you in determining an amount that is fair. These could include data from the trucker's driver's log electronic driving records and evidence of cell phone usage, reports or opinions of forensic or financial experts.