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 sustained when a collision occurs with a vehicle can be severe.
If you've suffered an injury from a crash with a truck, an experienced lawyer can help you recover the compensation you're entitled to. Learn about the different types of truck accidents that happen and how they impact your case.
1. Investigate the Accident
Evidence must be taken as soon as possible following an accident. That is especially important when it comes to semi-truck accidents. There are other sources of information, such as the black box data of the truck driver and his cell phone records. It is also possible for other technological devices to be used to provide evidence, like crash data recorders, or a truck's "nanny cam." All of this information will help determine the cause of the accident and who is at fault.
It is also vital to involve the police as soon as possible in any semi truck crash. This will ensure a complete and accurate report of the incident. If there isn't a thorough and complete investigation by the police, it could be very difficult to prove what actually happened and who was at fault in the crash.
After the police arrive and you are questioned, it is recommended to answer questions in the amount you are at ease. It is not recommended to think or guess at anything in an attempt to make yourself appear better. These kinds of answers could later be used by the truck driver, trucking company or their insurance companies against you in court.
The police officer will gather the evidence they can on the scene, such as photographs of the vehicles as well as the surrounding area. The officer will also note down the names and phone numbers of any witnesses who may have witnessed the accident. It's also an excellent idea to take a photograph of the truck's plate and any other identifying marks on the trailer or the vehicle.
One of the most common causes of semi-truck accidents are rear-end collisions. They usually occur when a vehicle or car is following too closely. In these instances the driver of the truck is likely to hit the back of the vehicle ahead of them, and often can cause serious or fatal injuries to the passengers of the vehicle or truck.
Other reasons for semi-truck accidents include blowouts of tires shift loads, inadequate maintenance of the trailer or truck, and many other. An experienced personal injury lawyer will understand these issues, and can help you prove who is liable for your losses. In the majority of situations, a driver of a truck is the sole responsible party for any accident that is caused by their carelessness. However there are other avenues to compensation that can be pursued if the source of the accident was a different cause, such as an issue with the manufacturing process of the truck or trailer.
2. Contact fayetteville semi truck accident attorney
Contacting the police is the first step to take after an accident involving semi-trucks happens. They will arrive and make official statements about the crash, including any injuries that may have occurred. This will also provide you with a copy of the official police report that you can use in your claim for damages. The NYPD maintains reports on-site in their precincts for a period of 30 days, so if the accident was close to the area where you live (or where you can easily visit in person) then you should visit the police station and get an original copy. 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 truck drivers, passengers, and anyone else who was involved. It is recommended to obtain their names, contact numbers along with insurance information, as well as the company name. If you can, also capture photos or videos of the scene. This will allow you to document the accident and can also provide a visual record the moment of impact which can be useful in the future.
The majority of accidents involving trucks are caused by driver negligence or error. This could result from drowsiness, distracted driving, driving under the influence of drugs or alcohol, or speeding. These are all risky when driving heavy, large vehicles.
Another common cause of semi-accidents is poor road or conditions. Trucks can be difficult to maneuver and may quickly become uncontrollable in adverse conditions.
Another reason that is frequently cited for accidents involving trucks is the lack of maintenance of the truck or its trailer. A poorly maintained truck can be dangerous because it is more likely to overturn or experience mechanical issues. This could be due to inclement weather, driver fatigue, or a lack of care by the trucking company.
A reputable truck accident attorney will investigate the accident and identify all parties at fault and gather evidence to strengthen your case. They will also manage all communications with the insurance company of the trucking company so that you do not need to worry about them trying to convince you to admit that you were at fault, or to reduce the amount of compensation you're entitled to.
3. Gather Information
Photograph everything as you wait for the police. Included in this are damages to any vehicles involved, and skid marks or any other thing that could aid your case. It is also important to take pictures of the passengers and driver of the truck, and any witnesses who may have witnessed the incident. This will prevent you from having to locate them later, and it can aid your lawyer in determining who's responsible for the accident.
When talking to any eyewitnesses, ensure that they're willing to give a statement under an oath. This will ensure that their claims remain accurate and are not influenced by other people’s versions of the events. Witness statements are crucial for determining the cause of the accident. They can be used to prove negligence which is one way you can seek compensation from the trucking company.
It is important to collect as much information as you can about the trucking company, the driver, and their background. This could include an image of the driver's commercial driver's permit and their qualification for personnel as well as their training file. It can also include a past check, results of a drug screening and safety performance records. This can be subpoenaed by your attorney if needed.
The trucker's phone records are another significant evidence. This will show that the trucker was using the phone at the time of the accident and could be a basis for an action. The phone records of the trucking company can be used to determine if they have any guidelines regarding texting while driving.
Finally, it is essential to keep medical documents and bills. This will help you prove the severity of the injury and the amount you must be paid for financial losses. Economic damages cover things such as medical expenses as well as loss of earnings and future earning potential. Non-economic damages cover intangible losses like pain and suffering, mental distress, and loss of consortium.
If you're planning to file an insurance claim against a semi truck, an experienced attorney can help you put all the information you need and bargain with the insurance company on your behalf.
4. Contact a Lawyer
While it's understandable to be upset after an accident with a semi-truck, it's crucial to stay calm. Don't leave the crash scene, regardless of whether you're injured or not. This is not only not professional, but it's also illegal. Stay on the scene as long as you are authorized by the authorities.
Record any damage to your car or personal property as and any injuries you've suffered. It is recommended to do this using pictures or videos however notes can be used too. This information can be very useful in the future. Contact witnesses and obtain their contact information as quickly as you can. It's also helpful to take photos of the crash site before any cleanup is underway because they can be used as evidence if needed.
If you have 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 acknowledge fault, since this could impede your chances of getting a fair settlement for your claim. If a trucking firm contacts you with an offer to settle, it's best to respectfully decline and call a lawyer.
You may be able recover damages from the party at the fault in a semi-truck crash. The most straightforward is economic compensatory damage, which is meant to compensate you for any financial losses that you may have suffered in the aftermath of the accident. This could include emergency room visits, hospital bills continuing treatments, and any loss of income resulting from the injuries you suffered.
In addition to economic compensatory damages, you may be able to receive punitive damages from the responsible party. These are meant to penalize the defendant for their illegal actions and discourage similar behaviour in the future. This kind of compensation can be difficult to prove in court, however there are certain factors that can help you determine an amount that is fair. These include the logs of the trucker electronic driving record and evidence of the use of a cell phone as well as reports or opinions by forensic or financial experts.