How to Make a Semi Truck Accident Legal
Accidents involving semi trucks are commonplace on America's highways. Because of their size truck accidents can cause serious injuries.
If you have been injured in a car accident, an experienced attorney will help you obtain the compensation you're entitled to. Learn about the kinds of truck accidents and how they may impact your case.
1. Examine the incident
In any accident, the evidence must be preserved and collected right away. This is particularly crucial when it comes to semi-trucks. There are other sources of information, like the black box records of 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 responsible.
In any semi-truck collision it is essential to involve the police as soon as you can. This will ensure that a full and accurate report is filed of the incident. It can be difficult to prove the truth and determine who is responsible for the crash without a thorough police investigation.
Once the police arrive when they arrive, you should answer any questions to the extent you feel comfortable. Don't speculate or make assumptions to enhance your image. These answers could be used against you by the trucking company or the driver in court.
The officer of the police will collect various kinds of evidence at the scene, including photographs of both vehicles as well as the surrounding area. The police officer will record the names and phone numbers of any witnesses who might have witnessed the incident. It is also ideal to take a picture of the truck's license plate and any other markings which are found on the trailer or vehicle.
Rear-end collisions are one of the most frequent causes of semi-truck accidents. These types of accidents usually occur when a vehicle follows too closely. In these situations, the truck driver will likely slam the back of the car or truck in the direction of him, causing severe or fatal injuries.
Tire blowouts, shifting loads, improper maintenance of trailers or trucks, and others are also reasons for semi-truck accidents. A qualified personal injury attorney will be able to address these issues and will help you establish who is liable for your injuries. In the majority of instances, the driver of the truck is responsible for any injury caused by their negligence. There are other options to seek compensation if a different cause of the accident was to blame like a manufacturing fault in the truck or the trailer.
2. Contact the Police
If you are involved in an accident that involves semi-trucks happens the first thing to do is call the police. They will arrive at the scene and record official statements regarding what happened and any injuries. You will also receive an official police report that you can use to back your claim for damages. The NYPD keep their reports on site at their precincts indefinitely, so if you are near the site of the incident (or could easily visit the area) it is recommended that you pick one up. Or, you can go to the NYPD's website to request an investigation.
Apart from talking to the police, it's also important 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, phone number along with insurance information, as well as the company name. It is also recommended to take pictures or videos of the scene, if it's possible. This will allow you to record the accident, and also provide a visual recording of the moment of the collision.
Most accidents involving trucks are caused by driver carelessness or error. This could be due to drowsiness, distracted driving, driving under the influence of drugs or alcohol, or speeding. These factors can be especially risky when driving a big and heavy vehicle.
Another common cause of semi accidents is bad road or conditions. Trucks are difficult to maneuver and can easily become uncontrollable if driven in bad weather conditions.
Unprofessional maintenance of the trailer or truck is the third major reason for truck accidents. A poorly maintained truck can be dangerous because it is more likely to tip over or experience mechanical issues. This could be due to poor weather, driver fatigue, or carelessness on the part the trucking company.
A lawyer for a truck accident will investigate the incident and determine the responsible parties and gather evidence to prove your case. They will also handle any communications with the insurance company of the trucking company's firm, so you don't be worried that they attempt to convince you into accepting the blame or reduce your compensation.
3. Gather sioux falls semi truck accident lawyer
While you are waiting for the police to arrive, it's essential to take photos of everything. This includes the damage to the vehicles involved, skid marks, and anything else that could help your case. It is also important to take pictures of the driver and passengers of the truck, as well any witnesses who may have witnessed the crash. It will be less time-consuming to look for them later, and your lawyer will be competent to determine who was accountable.
Be sure to ask witnesses whether they will be willing to testify under the oath. This will help ensure that their claims are true and don't get affected by other people's interpretations of the events. Witness statements are essential for determining the reason for the accident. They are also used to prove negligence which is one way you can receive compensation from the trucking company.
It is important to gather as much information regarding the trucking company, the driver and their background. This could include their personnel qualification and training file, a copy of their commercial driver's license, history checks, drug screening results and safety performance reports. This can be subpoenaed by your attorney, if required.
Another piece of crucial evidence is the trucker's telephone records. This could reveal if the driver was on the phone at the time the accident occurred and could form the basis for a lawsuit. The phone records of the trucking company could be used to determine if they have guidelines regarding texting while driving.
Finally, it is essential to keep medical documents and bills. This will allow you to prove the severity of the injury as well as the amount you will be compensated for your financial losses. Economic damages include medical expenses as well as lost earnings and earning potential. Non-economic damages cover intangible losses, such as mental anguish and loss consortium.
An experienced attorney can assist you in gathering all the data you need and negotiate on behalf of the insurance company if you wish to file a claim for a semi truck.
4. Contact a lawyer
It's normal to feel upset after a collision with a semi-truck but it's also crucial to remain calm. If you're injured or even if you're not, don't leave the scene of the collision. It's not just unprofessional, it's also illegal. Stay at the scene until you're allowed to by authorities.
Record any damage to your vehicle or personal property, as also any injuries you've suffered. If you can, it's recommended to document the incident using photographs or video. However, notes will also suffice. This information can be very useful in the future. Also, speak to witnesses you know and obtain their contact details whenever you can. Prior to any cleanup, it's a good idea take photographs of the wreckage scene. They can be used as evidence in case you need them.
If you've been injured in a semi-truck accident it is imperative to seek medical attention right away and call the police. It's also crucial to not admit guilt as it could impede the chances of obtaining an appropriate settlement. If the trucking firm contacts you and offers a settlement, politely decline it and contact an attorney.
You may be eligible to claim damages from the party who is at fault in a semi-truck accident. The most basic is economic compensatory damage, which is designed to compensate you for any financial damages you could have suffered as a result of the accident. This can include emergency hospital visits, room charges, ongoing treatments, and any loss of income due to the injuries you sustained.
You could also be entitled to punitive damages in addition to economic damages. They are designed to punish the defendant for their illegal actions and deter similar behavior in the future. This kind of compensation can be difficult to prove in court, but there are certain factors that can assist you in determining the amount you should be awarded. This could include evidence from the trucker's driver's log as well as electronic driving data and evidence of cell phone usage, and reports or opinions from financial or forensic experts.