How to Make a Semi Truck Accident Legal
Collisions with semi trucks are commonplace on the nation's highways. Due to their size truck accidents can cause serious injuries.
If you've been injured due to a collision with a truck, an experienced lawyer can help you get the compensation you're due. Learn about the types of truck accidents and how they could impact your case.
1. Investigate the cause of the accident.
In any accident, the evidence must be collected and preserved right away. This is especially crucial when the accident involves semi trucks. This is due to the fact that there are a myriad of sources of information and evidence like the truck driver's black box data and 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 will help determine the cause of the accident and who is at fault.
In any semi-truck collision, it is important to notify the police as soon as possible. This will ensure a complete and accurate report of the incident. Without a thorough and proper police investigation, it could be difficult to establish the truth about what happened and who was responsible in the crash.
It is best to only answer questions in a way that is comfortable once the police arrive. It is not recommended to speculate or guess at anything to make yourself look better. These answers could be used against you by the trucking company or driver in court.
portland semi truck accident law firm from the police department will gather different evidence at the scene, such as photographs of the vehicles and the surrounding area. The officer will also take down the names and contact information of any witnesses who might have witnessed the accident. It is also ideal to take a picture of the license plate on the truck and any other identifying marks which are found on the vehicle or trailer.
One of the most frequent causes of semi-truck accidents is rear-end collisions. These accidents typically occur when a vehicle is following too closely. In these situations the driver of the truck is more likely to crash into the rear of the vehicle in front of them. This can be dangerous and will cause serious or fatal injuries to the passengers in that car or truck.
Other causes of semi-truck crashes include tire blowouts, shifting loads, improper maintenance of trailers or trucks, and many other. A personal injury lawyer who understands these issues can help you prove liability for your damages. In most cases, a truck driver is the sole responsible party for any accident that is caused due to their negligence. However, there are other routes to redress that can be pursued if the cause of the accident was something else like an issue with the manufacturing process of the trailer or truck.
2. Contact the Police
Notifying the police is the first step to take after an accident involving a semi-truck occurs. They will come to the scene and record official statements about what happened including any injuries. You will also receive a formal police report can be used to prove your claim for damages. The NYPD keeps reports on the premises in their precincts for a period of 30 days, so if the accident occurred close to your home (or an area that you can easily visit in person) You should visit the police station and get a copy. Alternately, you can utilize the NYPD's online portal to make a request for the report.
It's important that you speak to all those involved in the accident, including the truck driver and passengers. This includes the truck's drivers, passengers as well as anyone other person who was. You should try to get their names, contact numbers along with insurance information, as well as the company name. If possible, you should also take photographs or video of the scene. This will allow you to document the accident, and will also give a visual recording of the moment of the collision.
In many instances, truck accidents are caused by negligence or error by the driver. This could include drowsiness or distracted driving, driving under the influence of alcohol or drugs, or speeding. These factors are especially dangerous when driving large, heavy vehicles.
Bad road or weather conditions are another major cause of semi-accidents. Trucks are not easy to maneuver, and when they're driven under poor conditions, they are likely to become unstable and cause collisions with smaller vehicles.
The third most frequent cause of truck accidents is improper maintenance of the trailer or truck. A vehicle that is not properly maintained could be dangerous as it is more likely to roll over or have mechanical failures. This could be caused by bad weather, driver fatigue or inattention on the part the trucking company.
A reputable truck accident attorney will investigate the crash and identify all the parties responsible and gather evidence to support your case. They will also handle any communication with the trucking firm's insurance firm, so you don't be worried that they attempt to convince you into assuming blame or reducing your compensation.
3. Gather Information
While you wait for the police to arrive, it is crucial to take pictures of everything. This includes the damages to all vehicles involved, skid marks, and any other evidence that could aid your case. Also, you should take photos of the passengers and driver of the truck, as well as witnesses who might have witnessed the crash. This will avoid having to find them later, and it will aid your lawyer in determining who might be liable for the accident.
When you speak to witnesses, make sure that they're willing to testify under oath. This will help ensure that their accounts are accurate and are not altered by other people's accounts of the events. Witness statements are essential to discovering the root of the accident. They can be used to prove negligence which is one way you can claim compensation from the trucking company.
It is important to collect as much information regarding the trucking company, the driver, and their background. This can include their personnel qualification and training file as well as a copy of their commercial driver's license, their history checks, drug screening results and safety performance documents. Your attorney can subpoena this information if needed.
The phone records of the trucker are a different important evidence. It can be used to determine whether the trucker was on the phone at the time of the accident, and could be the basis for a lawsuit. The records of the trucking company's phones can also be used to determine the type of policies they have in place regarding texting and driving.
Additionally, it is important to get medical documents and bills. This will enable you to prove the extent of your injuries and the amount of compensation you'll receive for your monetary losses. Economic damages are a way to cover medical expenses, loss of earnings and the potential for future earnings. Non-economic damages are for intangible losses such as mental anguish and loss consortium.
An experienced attorney can help you gather all the data you need and negotiate on behalf of you with the insurance company if you wish to file an insurance claim for a semi-truck.
4. Contact a Lawyer
It's normal for people to feel anxious after a collision with a semi-truck, but it's also important to remain calm. Do not leave the accident scene, regardless of whether you're injured or not. It's not just not professional, but it's also illegal. Instead, stay there until the authorities allow you to leave.
Record any damage to your car or personal property, as also any injuries you've suffered. If you can, it's recommended to document the incident using video or pictures. However notes are also sufficient. This information could prove useful in the future. Additionally, talk to witnesses you can find and get their contact details as soon as possible. Before you do any cleanup it's a good idea to take photos of the crash scene. These are a great source of evidence should you require them.
If you've been injured in a semi truck crash it is crucial to seek medical attention immediately and contact the police immediately. It's also vital not to acknowledge fault, as this could hinder the chances of receiving a fair settlement for your claim. If the trucking company contacts you and offers to settle you should decline it politely and get in touch with an attorney.
You could be able to recover damages from the party who is at fault in a semi-truck accident. The most straightforward of these is economic compensation damages, which are designed to compensate you for any monetary losses associated with the wreck. These could include emergency room visits, hospital charges continuing treatments, and any loss of income resulting from the injuries you suffered.
In addition, to the economic compensatory damages, you may be able to receive punitive damages from the party at fault. These are intended to penalize the defendant and discourage similar behavior in future. This kind of compensation may be difficult to prove in court, however there are certain factors that can assist you in determining an appropriate amount. This includes the trucker's log, electronic driving data and evidence of mobile phone use as well as the opinions or reports of financial or forensic experts.