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How to Make a Semi Truck Accident Legal
Collisions with semi trucks are commonplace on America's highways. Because of their size, truck accidents can cause serious injuries.
If you've suffered injuries caused by a collision with trucks, a skilled lawyer can assist you in obtaining the compensation you deserve. Learn about the different kinds of truck accidents and how they affect your case.
1. Investigate the accident
In the event of an accident, evidence needs to be gathered and stored immediately. This is especially true in the case of semi-trucks. This is due to the fact that there are numerous sources of information and evidence, such as the truck driver's black box data and phone records. Other technological devices such as crash recorders or the "nanny camera" on a truck, can also be used to provide evidence.
It is also vital 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 establish the truth and determine who is at fault for a crash without a thorough and thorough police investigation.
When the police arrive at your home, you should answer any questions in the manner that you feel at ease. It's not a good idea to speculate or make up your mind about anything to make yourself appear better. These types of answers may later be used by the truck driver, the trucking company, or their insurance companies to sue you in court.
The officer from the police department will collect a number of different kinds of evidence from the scene, including pictures of both vehicles and the surrounding area. They will also write down the names and contact information of anyone who may have witnessed the accident. It's also a good idea for you to take a photograph of the truck's license plate and any other identifying marks on the vehicle or the trailer.
One of the most common causes of semi-truck accidents are rear-end collisions. These kinds of accidents typically occur when a vehicle is following too closely. In these situations, the driver of the truck will probably hit the rear of the car or truck in front of him, inflicting serious or fatal injuries.
Tire blowouts, shifting of loads, inadequate maintenance of trucks or trailers and other issues are all causes for semi-truck accidents. An experienced personal injury lawyer can be a great resource for these issues and can help you prove who is responsible for your losses. In most cases, a trucker is accountable for any accident caused by their negligence. There are other options to seek compensation if a different factor caused the accident like an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
Contacting the police is the first step you should take after an accident involving semi-trucks occurs. They will attend and record official statements about the crash, including any injuries that may have occurred. You will also receive a formal police report can be used to support your claim for damages. The NYPD maintains reports on-site at their precincts, for 30 days and if the incident was close to your home (or where you can easily visit in person) then you should go there and pick up a copy. You can also request a NYPD report online.
In addition to speaking with the police, it's crucial to gather information from everyone involved in the accident. This includes the truck driver, the other passengers, and any other witnesses. It is recommended to obtain their name, phone number along with insurance information, as well as the company name. If possible, you should also take pictures or videos of the scene. This will help you document the accident, and will also give an image recording of the moment of impact.
The majority of accidents involving trucks are caused by driver carelessness or a mistake. This could result from drowsiness distraction, driving under the influence of drugs or alcohol, or speeding. These issues can be particularly risky when driving a large or heavy vehicle.
Conditions on the road or in the weather are another frequent cause of semi-accidents. Trucks can be difficult to maneuver and could quickly become uncontrollable in bad weather conditions.
Incorrect maintenance of the trailer or truck is the third leading reason for truck accidents. Poorly maintained trucks are more likely to tip over or suffer mechanical issues. 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 crash and identify all the parties responsible, and gather evidence to back your case. They will also handle all communication with the insurance company of the trucking firm so you don't have to worry about them trying to convince you to admit that you were at fault, or to reduce the amount of compensation you deserve.
3. Gather Information
While you are waiting for the police to arrive, it is important that you take photographs of everything. This includes the damage to the vehicles involved, skid marks and anything else that may 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 accident. This will prevent you from having to find them later on, and will help your lawyer determine who's responsible for the crash.
Be sure to ask eyewitnesses if they will speak under an oath. This will ensure that their words remain accurate and law are not altered by other people's accounts of the events. Witness statements can be vital in determining what caused an accident. They can be used to show the negligence of the trucking company.
In addition to eyewitness accounts It is also important to gather as much detail on the trucking company and 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 may also include a history check, drug screening results and safety performance records. Attorneys can subpoena the information, if required.
Another important piece of evidence is the trucker's telephone records. This can show that the trucker was using the phone at the moment of the accident, and it could provide grounds for a lawsuit. The phone records of the trucking business can be used to determine if they have any policies regarding texting while driving.
It is essential to gather all medical documents and bills. This will help you prove the extent of your injuries and the amount of compensation you will receive for your monetary losses. Economic damages cover things like medical expenses losses of earnings and the potential for future earnings. Non-economic damages cover intangible losses like pain and suffering mental distress and loss of consortium.
If you're planning to file a claim for a semi-truck accident An experienced lawyer can assist you put all the information you need and negotiate with the insurance company on behalf of you.
4. Contact a Lawyer
While it's normal to be upset after the collision with a semi-truck, it's crucial to stay calm. If you're injured or even if you're not leave the scene of the collision. Not only does this look unprofessional, but it's also unlawful. Instead, remain on the scene until authorities permit you to leave.
Note any damage to your vehicle or personal property, as well as any injuries that you've suffered. It is best to do this by taking pictures or video, although notes will do too. Also, you should note the names of the driver and company they work for as this information could be helpful later in the event of a case. Talk to any witnesses and obtain their contact details as soon as you can. Before any cleanup is done it's a good idea take photos of the scene of the crash. They are a great source of evidence in case you need them.
If you've suffered injuries in a semi-truck accident, it's important to seek medical care immediately and call the police as soon as you can. It's also vital not to admit guilt, as this will hinder your chances of getting an adequate settlement for your claim. If the trucking company contacts you to offer a settlement but you're not comfortable, you should accept the offer but politely decline, and then contact a lawyer.
You could be able to 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 intended to reimburse you for any financial losses caused by the accident. These can include hospital bills or ongoing treatment as well as any income loss due to your injuries.
You may also be entitled to punitive damages in addition to the economic damages. They are designed to punish the defendant for their illegal actions and deter similar behavior in the future. It can be challenging to prove this kind of compensation in court, however certain factors can help you determine the right amount. This includes the log of the trucker electronic driving record and evidence of the use of a cell phone and also reports or opinions by financial or forensic experts.