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How to Make a Semi Truck Accident Legal
Collisions involving semi-trucks are commonplace on the nation's highways. Because of their size truck accidents can cause serious injuries.
If you have been injured in a truck accident, an experienced attorney can help you receive the compensation you deserve. Find out about the various types of truck accidents and how they may impact your case.
1. Investigate the cause of the accident.
Evidence must be collected immediately after an accident. This is especially crucial in the case of semi-trucks. There are a variety of sources of information, like the black box records of the truck driver and his cell phone records. It is also possible for other devices to be used for evidence, including crash data recorders or even a truck's "nanny camera." All of this information can help determine what caused the accident and who's responsible.
It is also essential to have the police involved as quickly as possible in any semi truck crash. This will ensure that an accurate and complete report is filed on the incident. Without a proper and thorough police investigation, it will be very difficult to prove the facts of what occurred and who was responsible in the crash.
It is recommended to only respond to questions as much as feels comfortable once the police arrive. Don't speculate or make assumptions in an attempt to improve your image. These kinds of answers could later be used by the truck driver, trucking company or their insurance companies against you in court.
The police officer will take various kinds of evidence on the scene, including photos of both vehicles as well as the surrounding area. They will also note down the names and contact information of any witnesses who may witness the incident. It is also ideal to take a picture of the license plate of the truck and any other identifying marks that are visible on the vehicle or trailer.
One of the most common causes of semi-truck accidents are rear-end collisions. These usually happen when a vehicle or car is following too closely. In these instances the truck driver will likely slam the rear of the vehicle or truck in front of him, inflicting serious or fatal injuries.
Tire blowouts, shifting loads, improper maintenance of trailers or trucks as well as other factors are the main causes of semi-truck crashes. A reputable personal injury attorney will understand these issues, and can help you prove who is responsible for your injuries. In most cases, the driver of the truck will be liable for any accident that is the result of their negligence. There are other avenues to seek compensation if another factor caused the accident or an issue with the manufacturing process of the truck or the trailer.
2. Contact the Police
If you're involved in an accident with semi-trucks happens the first thing you need to do is call the police. They will arrive and take down official statements about the crash including any injuries that may have occurred. You will also receive a formal police report that can be used to prove your claim for damages. The NYPD keeps reports on-site at their precincts over 30 days, so if the accident happened close to the area where you live (or where you can easily visit in person) then you should go there and pick up a copy. Alternatively, you can use the NYPD's online portal to make a request for reports.
hoover semi truck accident law firm that you speak to everyone involved in the crash, including the truck driver as well as passengers. This includes the truck driver, the passengers, and any other witnesses. You should try to get their name, contact number along with insurance information, as well as the company name. It is also a good idea to take photos or videos of your scene, if you are able to. This will help you record the accident and can also give a visual record of the moment of impact which could be valuable in the future.
The majority of accidents involving trucks are caused by driver carelessness or error. This can be caused by drowsiness or distracted driving, driving under the influence of drugs or alcohol or speeding. These types of factors are particularly dangerous when driving large, heavy vehicles.
Bad road or weather conditions are another frequent cause of semi-accidents. Trucks can be difficult to maneuver, so if they're driven in poor conditions, they may become uncontrollable and crash into smaller vehicles.
Improper maintenance of the truck or its trailer is the third major cause of truck accidents. Unmaintained trucks are more likely to tip over or suffer mechanical issues. This could be caused by inclement weather, driver fatigue, or simply a lack of attention from the trucking company.
A lawyer for truck accidents will investigate the accident and determine who is responsible, and collect evidence to support your claim. They will also handle any communication with the trucking firm's insurance company, so you won't be concerned that they attempt to convince you into accepting fault or decreasing the amount of compensation you receive.
3. Gather Information
While you are waiting for the police to arrive, it's crucial to take pictures of everything. Included in this are damage to any vehicle involved, and skid marks or any other thing that could aid your case. It is important to photograph the driver of the truck and their passengers, as well as witnesses who may have seen the accident. You won't need to search for witnesses later and your lawyer will be in a position to determine who is accountable.
Make sure to inquire with eyewitnesses whether they'll be able to speak under the oath. This will ensure that their testimony remain accurate and are not altered by other people's accounts of the events. Witness statements are critical for determining the cause of the accident. They are also used to prove negligence which is one way you can claim compensation from the trucking company.
In addition to eyewitness statements It is also important to collect as much data about the trucking company as well as the driver. This can include an image of the driver's commercial driver's permit as well as their personal qualification and their training file. It can also include a past check, drug screening results and safety performance records. This can be subpoenaed by your attorney, if required.
The trucker's phone records are another crucial piece of evidence. This could reveal if the driver was on the phone at the time the accident took place and could be the basis for a lawsuit. The company's phone records can be used to determine what type of policies they have in place for texting and driving.
It is crucial to keep all medical records and bills. This will allow you to establish the severity of your injuries and the amount of compensation that you must be awarded for your financial losses. Economic damages can include medical expenses along with lost earnings and future earning potential. Non-economic damages are those that result from intangible losses like pain and suffering, mental distress and loss of consortium.
An experienced attorney can assist you in gathering all the information you need and negotiate on behalf of you with the insurance company when you are looking to file a claim for a semi truck.
4. Contact a Lawyer
Although it's natural to be upset after the collision with a semi truck, it's important to remain calm. If you're injured, or even in the event that you're not, do not leave the scene of the accident. This is not only unprofessional, but it's also unlawful. Instead, stay there until the authorities permit you to leave.
Once at the scene, note any damage that has occurred to your vehicle or personal property and also any injuries you may have sustained. If possible, it's best to document this incident with photographs or video. However notes can also be used. This information could prove useful in the future. Additionally, talk to witnesses that you know and obtain their contact details immediately if you can. It is also beneficial to have photos of the crash site before any cleanup begins because they could be used as evidence should it be needed.
If you've been injured in a semi-truck crash, it is important to seek medical attention right away and contact the police. It's also essential to not admit guilt as this could reduce your chances of getting an equitable settlement. If the trucking company contacts you with an offer to settle and you're not sure how to respond, it's best to respectfully decline and call an attorney.
You may be able to collect damages from the party at the fault in a semi-truck crash. One of the most common is economic compensatory damages, which are intended to reimburse you for any monetary losses associated with the wreck. These could include hospital bills and ongoing treatments, as well as any income loss due to your injuries.
You could also be entitled to punitive damages in addition to the economic damages. These are intended to punish the defendant and discourage similar behavior in future. This type of compensation could be difficult to prove in court, but there are certain elements that can help you establish an appropriate amount. This includes the trucker's log electronic driving records, evidence of mobile phone use, as well as the opinions or reports of financial or forensic experts.
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