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How to Make a Semi Truck Accident Legal
On the roads of America, collisions with semi trucks are not common. Because of their intimidating size, the injuries suffered when a collision occurs with a truck could be severe.
If you've suffered injuries due to a collision with a truck, an experienced lawyer can help you recover the compensation you're due. Learn about the different types of truck accidents that happen and how they impact your case.
1. Examine the incident
In the event of an accident, evidence needs to be gathered and stored immediately. This is particularly important when the accident involves 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 prove the case, such as crash data recorders, or a truck's "nanny camera." All of this data can be used to determine the cause of the accident and who was at fault.
In any semi-truck accident It is crucial to notify the police as soon as possible. This will result in the most complete and accurate account of the incident. It is difficult to prove the truth and determine who was at fault for a crash without a thorough and proper police investigation.
If the police show up when they arrive, you should answer questions in the manner that you are at ease. Do not think about or speculate in an attempt to improve your image. These answers could be used against you by the trucking company or the driver in court.
The police officer will collect the evidence they can on the scene, including photographs of the vehicles as well as the surrounding area. They will also write down the names and contact information of any witnesses who may have seen the accident occur. Also, it's a good idea to photograph the license plate on the truck and any other markings that are on the vehicle or trailer.
One of the most common causes of semi-truck accidents are rear-end collisions. They typically occur when a truck or car is following too closely. In these cases, the driver of the truck is likely to crash into the rear of the vehicle ahead of them. This can be dangerous and will cause serious or fatal injuries to the passengers of the car or truck.
Tire blowouts, shifting loads, insufficient maintenance of trucks or trailers as well as other factors are factors in semi-truck accidents. A personal injury lawyer who is aware of these issues can help you prove your liability for your losses. In most cases, the driver of the truck will be liable for any accident caused by their negligence. However there are other avenues to recover compensation that may be pursued if it is determined that the cause of the accident was something else, such as an issue with the manufacturing process of the trailer or truck.
2. Contact the Police
Notifying the police is the first step to take if an accident involving a semi-truck occurs. lorain semi truck accident lawyer will come to the scene and make official statements on what transpired, including any injuries. Then, they will provide you with an official police report that you can use in your claim for damages. The NYPD keep reports on site at their precincts over 30 days and if the incident occurred close to where you live (or which you can easily visit in person) it is recommended that you visit the police station and get a copy. Or, you can go to the NYPD's online portal to make a request for an investigation.
It's important that you speak to anyone involved in the incident including the truck driver and passengers. This includes the truck driver, the other passengers, and any other witnesses. Make sure you know their names, phone numbers and insurance policy information and the name of the company they work for. If possible, you should also take photographs or video of the scene. This will help you to record the accident and also provide an image record of the moment of the collision.
In a lot of cases, truck accidents are the result of negligence or driver error. This can be due to drowsiness, distraction, driving under the influence of alcohol or drugs, or speeding. These issues can be particularly risky when driving a large, heavy vehicle.
Bad road or weather conditions are another reason for semi-accidents. Trucks can be difficult to maneuver and could easily become uncontrollable in bad weather conditions.
Incorrect maintenance of the trailer or truck is the third leading cause of truck accidents. Trucks that are not maintained properly are more likely to rollover or have mechanical problems. This could be caused by bad weather, driver fatigue, or negligence on the part of the trucking company.
A truck accident lawyer will investigate the incident and identify the parties responsible and gather evidence to support your claim. They will also handle any communication with the insurance company of the trucking company's business, so you don't need to worry about them trying to attempt to trick you into accepting blame or reduce your compensation.
3. Gather Information
While you wait for the police to arrive, it is vital to take photographs of everything. This includes the damaged vehicles involved, skid marks and anything else that might aid your case. It is important to photograph the driver of the truck as well as their passengers and any witnesses that may have witnessed the crash. This will avoid having to locate them later, and it can help your lawyer determine who might be liable for the accident.
Make sure to inquire with eyewitnesses if they will speak under oath. This will help ensure that their accounts are accurate and not affected by other people's interpretations of events. Witness statements are critical for determining the reason for the accident and can be used to prove negligence, which is one way you can receive compensation from the trucking company.
It is important to gather all the information you can about the trucking company, the driver, and their background. This can include their personnel qualifications and training files, a copy of their commercial driver's license, their history tests, results of drug screening and safety performance records. Attorneys can subpoena the information, if required.
The trucker's telephone records are another significant evidence. It can be used to determine if the trucker was on the phone at the time of the accident, and it could provide grounds for an action. The phone records of the trucking company can also be used to determine what kind of policies they have in place for texting while driving.
Additionally, it is important to collect medical documents and bills. This will enable you to establish the extent of your injuries and the amount of compensation you will be awarded for your financial losses. Economic damages include medical expenses along with lost earnings and future earning potential. Non-economic losses include intangible damages like pain and suffering mental distress, and loss of consortium.
An experienced lawyer can help you gather all the necessary information and negotiate on behalf of the insurance company when you are looking to file a claim for an accident for a semi-truck.
4. Contact a Lawyer
While it's understandable to be upset after the collision with a semi truck, it's important to stay calm. If you're hurt, or even if you're not leave the scene of the collision. This is not only unprofessional, but also illegal. Instead, stay there until the authorities allow you to leave.
Document any damage that has occurred to your vehicle or personal property, as well as any injuries that you have sustained. If possible, it is ideal to document the incident with photographs or video. However notes are also sufficient. It is also important to note down the name of the driver and the company they work for, as this information will help later in your case. Talk to witnesses and get their contact details as soon as you can. Before you do any cleanup it's a good idea capture photos of the crash scene. They are a great source of evidence in the event that you need them.
If you've 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 not to admit fault because this can hurt your chances of getting an appropriate settlement for your claim. If the trucking company contacts you with a proposal to settle and you're not sure how to respond, it's best to be polite and decline the offer and consult an attorney.
You could be able to recover damages from the party at fault in a semi truck accident. The most basic is economic compensatory damages, which are intended to cover any financial loss you might have suffered due to the crash. These could include emergency hospital visits, medical bills continuing treatments, and any loss of income due to the injuries you suffered.
You may also be entitled to punitive damages in addition to economic damages. These are meant to punish the defendant for their wrongful actions and deter similar behavior in the future. This kind of compensation can be difficult to prove in court, but there are some factors that can help you establish the amount you should be awarded. This includes the log of the trucker electronic driving records, evidence of the use of a cell phone, as well as the opinions or reports of financial or forensic experts.
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