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How to Make a Semi Truck Accident Legal
Collisions involving semi trucks are common on the nation's highways. Due to their size truck accidents can result in serious injuries.
If you've suffered an injury due to a collision with a truck, an experienced lawyer can help you obtain the compensation you deserve. Find out about the various types of truck accidents and how they can affect your case.
1. Investigate the Cause of the Accident
In any accident, evidence needs to be taken and preserved right away. That is especially important in cases involving semi trucks. This is due to the fact that there are many more potential sources of evidence and information including the black box used by the truck driver data and phone records. Other devices that are technological such as crash recorders or the "nanny camera" on a truck are also a possibility for evidence.
It is also important to get the police involved as soon as possible in the event of a semi-truck accident. This will guarantee an accurate and complete report of the incident. Without a thorough and proper investigation by the police, it could be very difficult to prove the facts of what occurred and who was responsible in the crash.
It is recommended that you only answer questions in a way that you feel comfortable once the police arrive. You should not speculate or make guesses to try to improve your image. These answers could be used against you by the trucking company or driver in court.
The police officer will collect the evidence they can on the scene, including photographs of the vehicles and the surrounding area. They will also note down the names and contact numbers of any witnesses who may have witnessed the incident. It's also an excellent idea to take a photo of the truck's plate as well as any other identifying marks on the trailer or the vehicle.
One of the most frequent causes of semi-truck accidents are rear-end collisions. They typically occur when a car or truck is following too closely. In these cases the truck driver is likely to smash into the back of the vehicle ahead of them. This can cause serious or fatal injuries to the passengers of that car or truck.
Tire blowouts, shifting of loads, improper maintenance of trucks or trailers, and others are also factors in semi-truck accidents. A personal injury lawyer who can address these issues can help prove your liability for your losses. In most instances, a truck driver is responsible for any accident that was caused through their negligence. However there are other avenues to recover compensation that may be pursued if the source of the accident was different like a manufacturing defect in the truck or trailer.
2. Contact the Police
If you are involved in an accident that involves semi-trucks, the first thing you should take is to notify the police. They will arrive at the scene and make official reports on what happened, including any injuries. You will also receive a formal police report that you can use to support your claim for damages. The NYPD keeps reports on the premises in their precincts for a period of 30 days and if the incident happened close to where you live (or in a location that you are able to visit in person) it is recommended that you visit the police station and get a copy. Alternatively, you can use the NYPD's online portal to request reports.
Besides speaking to the police, it's crucial to collect information from all involved in the accident. carson semi truck accident claim includes the truck driver, passengers and any other witnesses. You should try to find their name, number as well as their insurance details and company name. It's also an excellent idea to take photos or videos of the scene, if possible. This will help you record the accident and can also provide a visual record the moment of impact which could be valuable later on.
In many cases, truck accidents are caused by negligence or error by the driver. This can be caused by drowsiness or distraction, driving while under the influence of drugs or alcohol or speeding. These factors can be especially dangerous when driving a large and heavy vehicle.
Bad road or weather conditions are another frequent cause of semi-accidents. Trucks are difficult to maneuver and can easily be uncontrollable when driving in poor conditions.
Unprofessional maintenance of the truck or its trailer is the third leading cause of truck accidents. Trucks that are not maintained properly are more likely to crash or have mechanical problems. This could be caused by poor weather, driver fatigue, or negligence on the part of the trucking company.
A reputable truck accident lawyer will investigate the accident, determine all liable parties and gather evidence to support your case. They will also handle any correspondence with the insurance firm, meaning you won't have to worry that they attempt to entice you into accepting blame or cutting 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, as well as skid marks and anything else which could aid in your case. You should also take photographs of the driver and passengers of the truck, along with witnesses who might have witnessed the accident. This will help you avoid having to find them later, and it will help your lawyer determine who's responsible for the accident.
If you are talking to eyewitnesses, be sure that they are willing to give a statement under the oath. This will ensure that their claims are true and do not get influenced by other people's versions of the events. Witness statements can be crucial in determining the reason for an accident and can be used to establish the negligence of the trucking firm.
In addition to eyewitness accounts, it is important to gather as much detail about the trucking company as well as the driver. This could include the driver's personnel qualifications and training files as well as a copy of their commercial driver's license, history tests, results of drug screening, and safety performance records. This information can be requested by your attorney in the event of a need.
The phone records of the trucker are a different important piece of evidence. This can reveal if the driver was on the phone at the time the accident took place and could be the basis for a lawsuit. The records of the trucking company's phones can be used to determine what kind of policies they have in place with regard to texting while driving.
Finally, it is essential to get medical documents and bills. This will help you prove the severity of your injury and the amount you will be paid for financial losses. Economic damages cover medical expenses along with lost earnings and future earning potential. Non-economic damages cover intangible losses like pain and suffering, mental distress, and loss of consortium.
If you're looking to file a claim for a semi-truck accident An experienced attorney can assist you gather all the information you need and bargain 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 important to remain calm. Do not leave the accident scene, whether you are injured or not. This is not only unprofessional, but also illegal. Stay on the scene until you're permitted by the authorities.
After arriving at the scene, document any damage to your vehicle or personal property as well as any injuries that you sustained. It is recommended to do this by taking pictures or video however notes can be used too. This information can be very useful in the future. Talk to any witnesses and obtain their contact details as soon as you can. When you're cleaning up, it's a good idea take photographs of the wreckage scene. These are a great source of evidence should you require them.
If you've been injured in a semi truck accident it is imperative to seek medical attention immediately and contact the police. It's also vital not to admit guilt, because this can hurt your chances of getting an adequate settlement for your claim. If a trucking company calls you with a proposal to settle but you're not comfortable, you should respectfully decline and call an attorney.
You may be able recover damages from the party who is at fault in a semi-truck accident. The most basic of these is the economic compensatory damages which are designed to compensate the victim for any financial loss due to the wreck. These could include hospital bills or ongoing treatment as well as any income loss due to your injuries.
In addition, to the economic compensatory damages, you could also be eligible to receive punitive damages from the party at fault. They are designed to punish the defendant and prevent similar actions in the future. This kind of compensation may be difficult to prove in court, but there are certain elements which can help you determine an appropriate amount. These can include records from the trucker's driver's log, electronic driving data, evidence of cell phone use, and reports or opinions of forensic or financial experts.
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