10 Tips For Getting The Most Value From Semi Truck Case
How to Make a Semi Truck Accident Legal
Collisions with semi trucks are frequent on our highways. Because of their intimidating size, the injuries sustained when a collision occurs with a truck can be severe.
If you have suffered injuries from a crash with a truck, an experienced lawyer can help you get the compensation you're entitled to. Learn more about the different types of truck accidents and how they might impact your case.
1. Investigate the Cause of the Accident
In any accident, the evidence must be gathered and stored right away. This is especially important in cases involving semi-trucks. There are other sources of information, including the black-box data of the truck driver and his cell phone records. It is also possible for other technological devices to be used as evidence, such as crash data recorders or a truck's "nanny cam." All of this information can help determine the cause of the accident and who's responsible.
It is also vital to involve the police whenever possible in any semi truck accident. This will ensure an accurate and complete report is filed on the incident. It can be difficult to establish the truth and determine who is responsible for the crash without a thorough police investigation.
When the police arrive at your home, you should answer questions to the extent you are at ease. It's not recommended to speculate or make up your mind about anything to appear more professional. These types of answers may later be used by the truck driver, trucking company or their insurance companies to sue you in court.
The officer of the police will collect various kinds of evidence at the scene, including pictures of both vehicles and the surrounding area. The police officer will also record the names and phone numbers of anyone who may have witnessed the incident. It is also an excellent idea to take photos of the truck's license plate and any other identifying marks that are on the trailer or vehicle.
Rear-end collisions are one of the most frequent causes for semi-truck accidents. These accidents typically occur when a vehicle follows too closely. In these situations the driver of the truck is likely to hit the back of the vehicle ahead of them, and often may cause fatal or serious injuries to the passengers in that car or truck.
Tire blowouts, shifting of loads, inadequate maintenance of trailers or trucks and many other things are factors in semi-truck accidents. A personal injury lawyer who is knowledgeable of these issues can assist you to prove liability for your damages. In the majority of cases, the driver of the truck will be liable for any accident caused by their negligence. However there are other avenues to redress that can be pursued in the event that the cause of the accident was something else, such as a manufacturing defect in the truck or trailer.
2. Contact the Police
Notifying the police is the first step you should take after an accident with semi-trucks occurs. They will come and record official statements about the crash and any injuries that were sustained. Then, they will provide you with a copy of the official police report that you can use in your claim for damages. The NYPD keeps their reports on the premises at their precincts for a long time so if you're near the site of the accident (or can visit there easily), you should take one. Alternately, you can utilize the NYPD's website to request a report.
It's important that you speak to everyone involved in the crash, including the truck driver as well as passengers. This includes the truck driver, 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 capture photos or videos of your scene, if you are able to. This will help you record the accident, and also help you keep a visual record of the moment of impact, which may be important in the future.
In many cases truck accidents are the result of negligence or driver error. This can be due to drowsiness, distracted driving, driving under the influence of drugs or alcohol or speeding. These issues can be particularly risky when driving a big, heavy vehicle.
Poor road conditions or weather conditions are another major cause of semi-accidents. Trucks aren't simple to control, so when they're driving in poor semi truck accident conditions, they can easily become uncontrollable and crash into smaller vehicles.
Another common cause of truck accidents is the insufficient maintenance on the trailer or truck. Unmaintained trucks are more likely to crash or have mechanical problems. This could be due to bad weather, driver fatigue, or negligence on the part of the trucking company.
An experienced truck accident lawyer will investigate the accident and identify all the parties responsible, and gather evidence to back your case. They will also handle all communications with the insurance company of the trucking company so that you don't have to be concerned about them trying to trick you into admitting fault or reducing the amount of compensation you deserve.
3. Gather Information
While you are waiting for the police to arrive, it is vital to take photographs of everything. Included in this are damage to any vehicles involved and skid marks or any other thing that might help your case. Also, you should take photos of the passengers and driver of the truck, as well as witnesses who might have witnessed the incident. This will save you from needing to locate people in the future, and will help your lawyer determine who is accountable for the crash.
If you are talking to eyewitnesses, be sure that they're willing to testify under an oath. This will ensure that their statements remain true and aren't altered by other people's accounts of the events. Witness statements are essential to finding out the cause of the accident. They can also be used to prove negligence, which is one way you can receive compensation from the trucking company.
It is important to collect all the information you can about the trucking company, the driver, and their background. This could include their personal qualification and training file, a copy of their commercial driver's license, history tests, results of drug screening and safety performance reports. This information can be requested by your attorney, Semi Truck Accident if required.
Another vital piece of evidence is the trucker's phone records. This can reveal whether the driver was on the phone when the accident took place, and could be the basis for a lawsuit. The trucking company's phone records can be used to determine what kind of policies they have in place for texting and driving.
It is also essential to collect medical documents and bills. This will allow you to prove the extent of the injury and the amount you should be paid for financial losses. Economic damages cover things like medical expenses losses of earnings and the potential for future earnings. Non-economic damages are for intangible losses such as suffering and pain, mental anguish and loss consortium.
If you're planning to file a semi truck accident claim An experienced attorney can assist you gather all of this information together and bargain with the insurance company on your behalf.
4. Contact a Lawyer
While it's normal to be upset following collisions with semi truck, it's important to remain calm. If you're injured, or even if you're not, don't leave the scene of the collision. This is not only unprofessional, it's also illegal. Instead, stay on the scene until authorities allow you to leave.
Note any damage to your vehicle or personal property, as and any injuries you've suffered. If possible, it's best to document this incident with video or pictures. However notes are also sufficient. This information can be very useful in the future. Additionally, talk to witnesses that you know and get their contact numbers as soon as you can. Prior to any cleanup it's a good idea take photos of the crash site. These could be used as evidence in the event that you need them.
If you've been hurt by a semi truck accident it is crucial to seek medical care immediately and call the police immediately. It is also important not to acknowledge fault, since this could impede your chances of receiving an appropriate settlement for your claim. If the trucking company tries to contact you to offer a settlement you should politely decline and contact a lawyer.
There are several different types of damages that you may be able to claim from the party at fault involved in a semi truck accident. The most basic is the economic compensatory damages that are designed to reimburse you for any financial losses caused by the accident. This could include hospital expenses or ongoing treatment as well as any loss of income due to your injuries.
You could also be entitled to punitive damages in addition to the economic damages. They are designed to punish the defendant for their wrong actions and prevent similar actions in the future. This kind of compensation can be difficult to prove in court, however there are certain aspects that can help you determine a fair amount. These include the trucker's log as well as electronic data from the driver's seat and evidence of use of cell phones and also reports or opinions from forensic or financial experts.