5 Laws That'll Help The Semi Truck Case Industry
How to Make a Semi Truck Accident Legal
On the nation's roads collisions between semi trucks are not common. Because of their intimidating size, the injuries sustained in a collision with a truck could be serious.
If you've been injured caused by a collision with a truck, an experienced lawyer can assist you in obtaining the compensation you deserve. Find out about the various kinds of truck accidents that can occur and how they affect your case.
1. Investigate the accident
In any accident, the evidence must be taken and preserved immediately. This is particularly important in cases involving semi trucks. This is because there are a myriad of sources of information and evidence, such as the black box of the truck driver's data and phone records. It is also possible for other devices to be used as evidence, such as crash data recorders and even a truck's "nanny camera." All of this information will help determine the cause of the accident, and who's at fault.
In any semi-truck accident, it is important to notify the police as quickly as possible. This will ensure a complete and accurate report of the incident. Without a thorough and accurate investigation by the police, it could be difficult to establish what actually happened and who was responsible in the crash.
If the police show up at your home, you should answer any questions only in the amount you are at ease. It's not recommended to speculate or make up your mind about any information in order to make yourself look better. These answers could be used against you by the trucking company or the driver in court.
The officer from the police department will gather different evidence at the scene, such as photographs of the vehicles and the surrounding area. They will also record the names and contact information of any witnesses who may have seen the accident occur. Additionally, it is a good idea to photograph the truck's license plate and any other identifying marks which are found on the vehicle or trailer.
One of the most common causes of semi-truck accidents are rear-end collisions. These accidents typically occur when a vehicle is following too closely. In these situations, the driver of the truck will probably hit the back of the car or truck in front of him, inflicting serious or fatal injuries.
Tire blowouts, shifting loads, improper maintenance of trailers or trucks and many other things are causes for semi-truck accidents. An experienced personal injury lawyer will understand these issues, and will help you establish who is responsible for your injuries. In the majority of cases, the driver of the truck will be liable for any accident caused by their negligence. There are other avenues to claim compensation if a different incident caused the accident like an error in manufacturing on the truck or trailer.
2. Contact the Police
Contacting the police is the first step to take after an accident involving semi-trucks happens. They will come to the scene and make official statements regarding what happened and any injuries. They will also give you an official police report to use in your claim for damages. The NYPD keep reports on site in their precincts for a period of 30 days which means that if the incident occurred close to where you live (or which you can easily visit in person), you should visit the location and pick up a copy. Alternatively, you can use the NYPD's portal online to request a report.
Besides speaking to the police, it's also important to gather information from everyone involved in the accident. This includes the truck driver, the passengers, and any other witnesses. Make sure warwick semi truck accident claim know their names, telephone numbers as well as insurance policy details, and the name of the company they work for. If you can, also take photographs or video of the scene. This will help you to record the accident and will also give an image record of the moment of the collision.
In many instances, truck accidents are the result of negligence or driver error. This could result from drowsiness, distracted driving, driving under the influence of alcohol or drugs or speeding. These are all risky when driving large, heavy vehicles.
Another major cause of semi accidents is bad road or conditions. Trucks are not easy to maneuver, and when they're driving in poor conditions, they can easily become uncontrollable and collide with smaller vehicles.
Unprofessional maintenance of the trailer or truck is the third leading reason for truck accidents. A poorly maintained truck is a risk because it is more likely to tip over or suffer mechanical failures. This could be caused by inclement weather, driver fatigue or simply neglect from the trucking company.
A lawyer who handles a truck accident will investigate the accident and determine the responsible parties and gather evidence to support your claim. They will also handle any correspondence with the insurance company of the trucking company's firm, meaning you won't be worried that they attempt to trick you into assuming blame or cutting your compensation.
3. Gather Information
While you wait for the police to arrive, it is vital to take photographs of everything. Included in this are the damage to any vehicles involved, and skid marks or anything else which could aid in your case. You should also take photographs of the passengers and driver of the truck, along with any witnesses who may have witnessed the crash. This will prevent you from having to locate them in the future, and will help your lawyer determine who might be liable for the crash.
When you speak to eyewitnesses, be sure that they are prepared to be under an oath. This will help ensure that their assertions are truthful and don't get influence by other people's perceptions of the events. Witness statements are essential for determining the reason for the accident and can be used to prove negligence which is one way you can seek compensation from the trucking company.
It is essential to gather as much information as you can about the trucking company, the driver and their background. This could include an image of the driver's commercial driver's licence as well as their personal qualification and their training file. It could also include a background check, results of a drug screening and safety performance records. Your attorney may subpoena this information should it be required.
Another vital piece of evidence is the trucker's phone records. This will reveal if the driver was on the phone when the accident occurred and could form the basis for a lawsuit. The records of the trucking company's phones can also be used to determine the type of policies they have in place with regard to texting and driving.
It is essential to gather all medical documents and bills. This will help you establish the severity of your injury and the amount you should be compensated for financial losses. Economic damages cover medical expenses loss of earnings, as well as future earning potential. Non-economic damages cover intangible losses, such as pain and suffering, mental anguish and loss of consortium.
If you want to file an accident claim for semi-trucks, an experienced attorney can help you gather all of the information you need and negotiate with the insurance company on your behalf.
4. Contact a Lawyer
It's normal to feel upset after a collision involving semi-trucks however, it's equally important to remain calm. Don't leave the crash site, regardless of whether you're injured or not. This not only looks unprofessional, but it's also illegal. Instead, stay on the scene until authorities permit you to leave.
Document any damage to your vehicle or personal property as well as any injuries that you've suffered. It is best to document this through video/pictures if possible but notes are fine as well. Also, you should note the names of the driver and company they work for as this information could be useful later on in the event of a case. Speak to witnesses and obtain their contact information as quickly as you can. When you're cleaning up it's a good idea to take photos of the wreckage scene. They can be used for evidence in the event that you need them.
If you've suffered injuries in a semi-truck crash it is crucial to seek medical attention immediately and get in touch with the police right away. It is also important to avoid admitting fault because this can hinder your chances of obtaining an acceptable settlement. If the trucking company contacts you and offers a settlement you should decline it politely and seek out an attorney.
There are a variety of damages that you might be able to claim from the responsible party in a semi-truck crash. One of the most common is economic compensatory damages which are intended to reimburse you for any losses in money due to the wreck. These may include hospital costs as well as ongoing medical treatment. any loss of income due to the injuries you sustained.
In addition to the economic compensation damages, you may be eligible for punitive damages from the responsible party. These are intended to punish the defendant and discourage similar behaviour in the future. This type of compensation can be difficult to prove in court, but there are certain aspects which can help you determine an amount that is fair. These include the logs of the trucker electronic driving record and evidence of use of cell phones and reports or opinions by financial or forensic experts.