How to Make a Semi Truck Accident Legal
Accidents involving semi trucks are commonplace on the nation's highways. Due to their size truck accidents can result in serious injuries.
If you have suffered injuries caused by a collision with a truck, an experienced lawyer can help you obtain the compensation you deserve. Learn about the different kinds of truck accidents and how they could affect your case.
1. Investigate the cause of the accident.
In any accident, evidence needs to be taken and preserved right away. This is especially crucial when the accident involves semi trucks. There are a variety of sources of information, such as the black-box data of the truck driver's cell phone records. Other technological devices, such as crash recorders or the "nanny camera" on a truck, could also be used as evidence.
It is also important to notify the police whenever possible in the event of a semi-truck accident. This will guarantee an accurate and complete account of the incident. Without ohio semi truck accident law firm and proper investigation by the police, it could be very difficult to prove what really happened and who was responsible in the crash.
It is best to respond to questions as much as you feel comfortable once the police arrive. It's not an ideal idea to speculate or speculate on 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 police officer will take many different kinds of evidence at the scene, including photographs of both vehicles and the surrounding area. The police officer will also note down the names and phone numbers of anyone who may have witnessed the incident. Additionally, it is an excellent idea to take photos of the license plate on the truck and any other markings that are present on the trailer or vehicle.
Rear-end collisions are one of the most frequently occurring causes of semi-truck accidents. They typically occur when a truck or car is following too closely. In these instances, the driver of the truck is likely to slam into the back of the vehicle ahead of them. This can be dangerous and can cause serious or fatal injuries to the passengers of that car or truck.
Other causes of semi-truck accidents are tire blowouts and shifting loads, inadvertent maintenance of trailers or trucks, and many other. A personal injury lawyer who is knowledgeable of these issues can help establish the liability for your injuries. In the majority of instances, a truck driver is the sole responsible party for any accident that is caused through their negligence. However, there are other routes to redress that can be pursued if the cause of the accident was something else, such as an issue with the manufacturing process of the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take if an accident with semi-trucks takes place. They will arrive at the scene and record official statements on what transpired including any injuries. You will also receive a formal police report that you can use to back your claim for damages. The NYPD keeps their reports on site at their precincts indefinitely, so if you are close to the spot of the accident (or can visit there easily) then you should pick one up. Or, you can go to the NYPD's website to request an investigation.
Besides speaking to the police, it's crucial to gather information from everyone involved in the incident. This includes the truck driver, passengers, and any other witnesses. You should try to find their names, contact numbers along with insurance information, as well as the company name. It's also an excellent idea to take photographs or videos of the scene, if you are able to. This will help you document the accident and can also provide a visual record of the moment of impact which could be valuable in the future.
Accidents involving trucks are usually caused by driver carelessness or a mistake. This can be due to drowsiness, distraction, driving under the influence of drugs or alcohol, or speeding. These are all factors that can be risky when driving a large or heavy vehicle.
Another reason for semi-accidents is poor road or conditions. Trucks can be difficult to maneuver, and they can easily become uncontrollable if driven in bad conditions.
Another common cause of accidents involving trucks is the lack of maintenance on the truck or its trailer. Unmaintained trucks are more likely to tip over or suffer 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 the parties responsible and gather evidence to support your case. They will also handle any correspondence with the insurance firm, so you don't be worried that they attempt to trick you into accepting blame or reduce the amount of compensation you receive.
3. Gather Information
While you are waiting for the police to arrive, it's vital to take photographs of everything. This includes the damage to all vehicles involved, skid marks, and anything else that might aid your case. It's also a good idea to take pictures of the driver of the truck and their passengers, as well as witnesses who may have seen the accident. This will help you avoid having to locate them later on, and will aid your lawyer in determining who is responsible for the crash.
Make sure to inquire with eyewitnesses whether they will be willing to testify under oath. This will help ensure that their accounts are accurate and are not influence by other people's perceptions of events. Witness statements are essential for discovering the root of the accident. They can also be used to prove negligence, which is one way you can seek compensation from the trucking company.
In addition to eyewitness testimony, it is important to collect as much information about the trucking company as well as the driver. This could include their personnel qualification and training file and a copy of their commercial driver's license, history tests, results of drug screening and safety performance records. Your attorney may subpoena this information if necessary.
Another important piece of evidence is the trucker's telephone records. This will show if the trucker was on the phone at the moment of the accident, and it could provide grounds for a 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 gather all medical records and bills. This will help you establish the extent of your injuries and the amount of compensation you should be awarded for your financial losses. Economic damages are a way to cover medical expenses as well as loss of earnings and future earning potential. Non-economic damages cover intangible losses, such as mental anguish, and loss of consortium.
An experienced lawyer can help you gather all the necessary information and negotiate on behalf of you with the insurance company when you are looking to file an insurance claim for a semi-truck.
4. Contact a lawyer
It's normal to be upset after a collision involving a semi-truck but it's also crucial to remain calm. Don't leave the accident scene, whether you are injured or not. This not only looks unprofessional, but it's also unlawful. Instead, stay at the location until the police allow you to leave.
Document any damage to your car or personal property as well as any injuries that you've suffered. It is best to document this with pictures or videos if you can but notes are fine too. This information will be useful in the future. Contact witnesses and collect their contact information as quickly as you can. It's also helpful to take photographs of the wreckage site before you begin cleaning up because they can be used as evidence if needed.
If you have been injured in a semi-truck accident, it is important to seek medical attention immediately and call the police. It's also crucial to not admit guilt as this could reduce your chances of obtaining an acceptable settlement. If the trucking firm contacts you and offers to settle but you decline, please contact an attorney.
There are several different types of damages you may be able to claim from the person at fault in a semi-truck crash. One of the most common is the economic compensatory damages which are intended to reimburse the victim for any financial loss caused by the accident. This can include emergency hospital visits, medical bills ongoing treatments, and any loss of income resulting from the injuries you suffered.
You may also be entitled to punitive damages in addition to the economic damages. These are meant to punish the defendant for their negligent actions and to discourage similar behavior in the future. It isn't easy to prove this kind of compensation in court, however certain aspects can help establish an appropriate amount. These include the logs of the trucker electronic driving records, evidence of cell phone use as well as statements or opinions of forensic or financial experts.