5 Laws That Can Benefit The Semi Truck Case Industry
How to Make a Semi Truck Accident Legal
Accidents involving semi trucks are commonplace on the nation's highways. Due to their size, the injuries suffered when a collision occurs with a truck may be serious.
If you've suffered an injury from a crash with a truck, an experienced lawyer can help you obtain the compensation you're due. Learn more about the different types of truck accidents and how they can affect your case.
1. Investigate the accident
Evidence must be collected immediately following an accident. This is especially crucial in cases involving semi-trucks. There are other sources of information available, including the black box records of the truck driver's cell phone records. It is also possible for other devices to be used to provide evidence, like crash data recorders or a truck's "nanny cam." All of this information could help determine the cause of the accident and who is responsible.
It is also crucial to notify the police whenever possible in any semi truck accident. This will ensure a full and accurate report is filed on the incident. It is difficult to establish the truth and determine who was at fault for a crash without a thorough police investigation.
When the police arrive, it is best to answer any questions in the manner that you feel at ease. It's not recommended to think or make up your mind about any aspect in order to impress the police. These answers could be used against you by the trucking company or the driver in court.
The police officer will take several different types of evidence on the scene, such as photographs of both vehicles and the surrounding area. They will also take note of the names and contact information of any witnesses that may have seen the accident occur. Also, it's an excellent idea to take photos of the license plate of the truck as well as any other markings that are on the vehicle or trailer.
One of the most frequent causes of semi-truck accidents is rear-end collisions. These typically occur when a truck or car is following too closely. In these cases, the truck driver is most likely to smash into the back 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 and many other things are factors in semi truck accidents-truck accidents. A personal injury lawyer who can address these issues can help you prove the responsibility for your injuries. In most cases, the truck driver will be liable for any accidents caused by their negligence. There are other avenues to seek compensation if another incident caused the accident for example, a manufacturing fault in the truck or trailer.
2. Contact the Police
Notifying the police is the first step you should take after an accident involving a semi-truck occurs. They will arrive at the scene and record official reports on what happened and any injuries. You will also receive an official police report you can use to support your claim for damages. The NYPD keep their reports on site in their precincts forever, so if you are close to the spot of the incident (or can visit there easily) it is recommended that you pick one up. You can also request a NYPD report online.
It's important that you speak to all those involved in the accident, including the truck driver as well as passengers. This includes the truck's drivers, passengers, and anyone else who was involved. Try to get their names, numbers, insurance policy information, and the name of the company they work for. If you are able, also take photos or video of the scene. This will help record the accident, and also provide an image recording of the moment of the collision.
In many instances, truck accidents are caused by the negligence or fault of the driver. This could be due to drowsiness inattention, driving while under the influence of alcohol or drugs, or speeding. These factors are especially dangerous when driving heavy, large vehicles.
Conditions on the road or in the weather are another reason for semi-accidents. Trucks are not easy to control, so if they're driven in poor conditions, they are likely to become unstable and cause collisions with smaller vehicles.
A third common reason for accidents involving trucks is the lack of maintenance on the trailer or the truck. Poorly maintained trucks are more likely to rollover or have mechanical issues. This could be due to inclement weather, driver fatigue or even a lack of care from the trucking company.
A lawyer for truck accidents will investigate the incident and identify the parties responsible, and collect evidence to support your claim. They will also handle all communication with the insurance company of the trucking firm so you do not have to worry about them trying to trick you into admitting guilt or reducing the amount of compensation you deserve.
3. Gather Information
Take photos of everything as you wait for the police. Included in this are damage to any vehicle involved, and skid marks and anything else that could help 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 accident. You won't need to search for people later on, and your lawyer will be able to determine who is responsible.
Be sure to ask witnesses whether they'll testify under an oath. This will help ensure that their statements are accurate and don't get altered by other people's accounts of events. Witness statements can be crucial in determining what caused an accident. They may also be used to demonstrate the negligence of the trucking company.
In addition to eyewitness testimony It is also important to collect as much information on the trucking company and the driver. This could include their personal qualifications and training files as well as a copy of their commercial driver's license, history checks, drug screening results and safety performance documents. It can be compelled by your attorney in the event of a need.
Another crucial piece of evidence is the trucker's telephone records. It can be used to determine if the driver was on the phone at the time the accident happened and could provide the basis for lawsuit. The phone records of the trucking firm can be used to determine if they have any policies regarding texting while driving.
It is essential to keep all medical documents and bills. This will help you prove the severity of the injury as well as the amount you should be compensated for financial losses. Economic damages are a way to cover medical expenses loss of earnings, and future earning potential. Non-economic damages include intangible losses, such as pain and suffering, mental anguish and loss consortium.
If you're interested in filing a semi truck accident claim an experienced attorney can help you gather all of this information together and negotiate with the insurance company on behalf of you.
4. Contact a lawyer
While it is understandable to be upset following collisions with semi-truck, it's crucial to stay calm. Don't leave the accident site, regardless of whether you're injured or not. This is not only unprofessional, but it's also illegal. Instead, stay at the location until the police allow you to leave.
Note any damage to your car or personal property as also any injuries you've sustained. It is best to document this by taking pictures or video, although notes will do too. Also, you should note the name of the driver as well as the company they work for in case this information can be useful later on in your case. Also, speak to witnesses you know and get their contact information as soon as possible. Prior to any cleanup it's a good idea take photographs of the crash site. They could be used as evidence in case you need them.
If you've been injured in a semi-truck crash it is crucial to seek medical attention immediately and get in touch with the police immediately. It's also essential to not admit fault since it could impede your chances of obtaining an equitable settlement. If a trucking firm contacts you to offer a settlement and you're not sure how to respond, it's best to politely decline and contact a lawyer.
There are various kinds of damages you may be able to claim from the party at fault in a semi truck crash. The most basic of these is economic compensation damages, which are designed to compensate you for any losses in money due to the wreck. These may include hospital costs and ongoing treatments, as well as any income loss due to your injuries.
In addition, to the economic compensatory damages, you may be eligible for punitive damages from the responsible party. These are intended to penalize the defendant and discourage 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 appropriate amount. These include the logs of the trucker, electronic driving data and evidence of mobile phone use, as well as the opinions or reports of financial or forensic experts.