The No. 1 Question That Anyone Working In Semi Truck Case Must Know How To Answer
How to Make a Semi Truck Accident Legal
Accidents involving semi trucks are common on the nation's highways. Because of their intimidating size, the injuries suffered in a collision with a truck could be severe.
If you have been injured in a truck crash, an experienced attorney will help you obtain the compensation you deserve. Learn about the kinds of truck accidents and how they may impact your case.
1. Investigate the Accident
Evidence must be gathered immediately following an accident. This is particularly important in cases involving semi trucks. There are a variety of sources of information available, including the black box data of the truck driver and his cell phone records. It is also possible for other devices to be used to provide evidence, like crash data recorders or a truck's "nanny camera." All of this information can help determine the cause of the accident and who's at fault.
It is also important to have the police involved as soon as possible in the event of a semi truck accident. This will result in the most complete and accurate account of the incident. It can be difficult to prove the truth and determine who was responsible for the crash without a thorough and proper police investigation.
It is best to answer questions as long as it is comfortable once the police arrive. It is not recommended to think or make guesses about anything to impress the police. These answers could be used against you by the trucking company or driver in court.
The officer of the police will collect several different types of evidence from the scene, including pictures of both vehicles as well as the surrounding area. The police officer will also note down the names and phone numbers of any witnesses who might have witnessed the accident. It's also a good idea for you to take a photo of the truck's number plate and any other identifying marks on the trailer or vehicle.
One of the most frequent causes of semi-truck accidents is rear-end collisions. These kinds of accidents typically occur when a vehicle is following too closely. In these instances the truck driver will likely smash the rear of the vehicle or truck in the front of him, causing serious or fatal injuries.
Other causes of semi-truck crashes include blowouts of tires, shifting loads, improper maintenance of the trailer or truck, and many more. A qualified personal injury attorney can be a great resource for these issues and can help you prove who is liable for your damages. In the majority of situations, the truck driver is responsible for any accident that is the result of their negligence. There are other avenues to seek compensation in the event that a different factor caused the accident for example, an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
Contacting the police is the first step to take after an accident with a semi-truck occurs. They will arrive at the scene and record official statements on what transpired including any injuries. This will also provide you with a copy of the 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, so if the accident occurred close to your home (or where you can easily visit in person) then you should visit the precinct and pick up the report. You can also request a NYPD report online.
Apart from talking to the police, it's essential to gather information from everyone involved in the incident. This includes the truck's drivers, passengers as well as anyone else who was there. It is recommended to obtain their name, contact number as well as insurance information and company name. It is also an excellent idea to take photos or videos of your scene, if possible. This will allow you to record the accident and also provide an image of the moment of impact.
Truck accidents are often caused by driver carelessness or a mishap. This can be due to drowsiness, distraction, driving under influence of alcohol or drugs, or speeding. These can be particularly risky when driving a big or heavy vehicle.
Poor road conditions or weather conditions are another major cause of semi-accidents. Trucks can be difficult to maneuver and may easily become uncontrollable if driven in bad conditions.
The third most frequent cause of accidents involving trucks is the lack of maintenance of the trailer or truck. Unmaintained trucks are more likely to tip over or have mechanical problems. This could be caused by bad weather, driver fatigue or neglect on the part of the trucking company.
A reputable truck accident lawyer will investigate the accident and identify all parties at fault, and gather evidence to prove your case. They will also handle any correspondence with the insurance firm, so you don't have to worry that they attempt to entice you into accepting the blame or cutting your compensation.
3. Gather Information
Take pictures of everything while you wait for the police. This includes the damage to the vehicles involved, skid marks, and anything else that could help your case. It's important to capture the driver of the truck and their passengers as well as any witnesses that may have seen the accident. You won't need to search for people later and your lawyer will be able to determine who is accountable.
If you are talking to witnesses, ensure that they're willing to testify under an oath. This will ensure that their claims are true and not altered by other people's accounts of the events. Witness statements are crucial in determining the reason for an accident. They may also be used to show the negligence of the trucking company.
It is important to gather as much information regarding the trucking company, the driver, and their background. This could include a copy of the driver's commercial driver's permit along with their qualification for employment and their training file. fishers semi truck accident lawyer can also include a past check, drug screening results and safety performance records. This information can be requested by your attorney if needed.
Another piece of crucial evidence is the trucker's phone records. This will reveal whether the driver was on the phone at the time the accident took place and could provide the basis for lawsuit. The phone records of the trucking company can be used to determine what kind of policies they have in place regarding texting and driving.
Additionally, it is important to get medical documents and bills. This will help you establish the severity of your injuries as well as the amount of compensation you should receive for your financial losses. Economic damages include medical expenses, lost earnings and future earning potential. Non-economic damages cover intangible losses such as pain and suffering mental distress, and loss of consortium.
If you want to file an accident claim for semi-trucks an experienced attorney can help you put all this information together and negotiate with the insurance company on behalf of you.
4. Contact a lawyer
It's normal to feel upset after a collision with semi-trucks but it's also crucial to remain calm. If you're injured or even in the event that you're not, do not leave the scene of the collision. This is not only unprofessional but also illegal. You should remain at the scene as long as you are permitted by the authorities.
Note any damage to your car or personal property as well as any injuries that you've suffered. It is recommended to do this with pictures or videos if you can but notes will work too. This information can prove useful in the future. Speak to witnesses and collect their contact information as quickly as you can. Before you do any cleanup, it's a good idea take photos of the wreckage scene. They are a great source of evidence should you require them.
If you've been injured by a semi truck accident It's crucial to seek medical attention immediately and notify the police immediately. It is also important not to admit fault, because this can hurt your chances of receiving a fair settlement for your claim. If the trucking company tries to contact you to offer a settlement you should respectfully decline and call an attorney.
There are various kinds of damages you may be able to recover from the party at fault in a semi-truck crash. The most straightforward of these is the economic compensatory damages which are designed to compensate you for any financial losses caused by the accident. This could include hospital expenses and ongoing treatments, as well as any loss of income due to the injuries you sustained.
In addition to economic compensatory damages, you may also be able to receive punitive damages from the at-fault party. They are designed to punish the defendant for their illegal actions and deter similar behavior in the future. It can be a challenge to prove this type of compensation in court, however certain aspects can help determine the proper amount. This could include evidence from the driver log of the trucker and electronic data from the driver's log as well as evidence of cell phone usage, as well as reports or opinions from financial or forensic experts.