How to Make a Semi Truck Accident Legal
Collisions involving semi-trucks are frequent on our highways. Because of their size truck accidents can cause serious injuries.
If dallas semi truck accident lawsuit suffered an injury in a collision involving the truck, a knowledgeable lawyer can assist you in obtaining the compensation you're due. Learn about the different types of truck accidents that occur and how they impact your case.
1. Investigate the Accident
The evidence must be collected as soon as it is available following an accident. This is especially important in cases involving semi-trucks. This is due to the fact that there are a myriad of sources of information and evidence including the black box that is used by the truck driver data and cell phone records. Other devices that are technological like crash recorders, or the "nanny camera" on a truck, could also be used as evidence.
In any semi-truck accident it is imperative to inform the police as quickly as you can. This will result in the most complete and accurate account of the incident. Without a proper and thorough investigation by the police, it could be very difficult to prove what really happened and who is at fault in the crash.
It is recommended to only answer questions as much as is comfortable once the police arrive. You should not speculate or make assumptions to attempt to improve your image. 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 collect the evidence they can on the scene, such as photographs of the vehicles as well as the area around. The officer will also note down the names and contact information of any witnesses who might have witnessed the accident. Additionally, it is recommended to take pictures of the license plate on the truck and any other identifying marks which are found on the trailer or vehicle.
Rear-end collisions are one of the most frequent causes of semi-truck accidents. These typically occur when a vehicle or car is following too closely. In these instances, the truck driver is most likely to hit the back of the vehicle in front of them, and often could cause fatal or serious injuries to the passengers of the vehicle or truck.
Other causes of semi-truck accidents include tire blowouts shifting loads, poor maintenance of the trailer or truck and many more. A personal injury lawyer who is aware of these issues can assist you to prove your liability for your losses. In the majority of instances, the driver of the truck will be liable for any accident that is the result of their negligence. However, there are other routes to recover compensation that may be pursued if it is determined that the cause of the accident was not related to, such as a manufacturing defect in the trailer or truck.
2. Contact the Police
When an accident involving semi-trucks, the first thing you must do is call the police. They will arrive and record official statements regarding the accident including any injuries that occurred. You will also receive an official police report you can use to support your claim for damages. The NYPD keeps reports on the premises at their precincts for 30 days which means that if the incident was close to your home (or an area that you can easily visit in person) You should go there and pick up the report. You can also use the NYPD's website to request a report.
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 driver, passengers and any other witnesses. Make sure you know their names, telephone numbers as well as insurance policy details, and the name of the company they work for. If possible, you should also take photographs or video of the scene. This will help you document the incident and provide a visual record the moment of impact which can be useful later on.
In many instances truck accidents are the result of negligence or driver error. This could include drowsiness or distraction, driving while under the influence of drugs or alcohol or speeding. These are all risky when driving heavy, large vehicles.
Conditions on the road or in the weather are another major cause of semi-accidents. Trucks are not easy to maneuver, so when they're driven under poor conditions, they are likely to become uncontrollable and crash into smaller vehicles.
The improper maintenance of the truck or its trailer is a third common reason for truck accidents. Poorly maintained trucks are more likely to roll over or have mechanical issues. This could be caused by inclement weather, driver fatigue, or simply a lack of attention from the trucking company.
A lawyer for a truck accident will investigate the incident, determine all responsible parties, and collect evidence to prove your case. They will also handle any correspondence with the insurance firm, so you don't be concerned that they attempt to trick you into assuming blame or decreasing your compensation.
3. Gather Information
Photograph everything as you wait for the police. This includes the damage to all 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, and witnesses who might have witnessed the accident. This will prevent you from needing to locate people later on, and will help your lawyer determine who's responsible for the crash.
When talking to any eyewitnesses, be sure that they are willing to give a statement under the oath. This will ensure that their statements are accurate and are not affected by other people's interpretations of events. Witness statements are crucial in determining the root of an accident, and may be used to show the negligence of the trucking company.
It is important to collect as much information about the trucking company, the driver and their background. This could include a copy of the driver's commercial driver's licence, their personnel qualification and their training file. It may also include a history check, drug screening results and safety performance records. This information can be requested by your attorney should it be required.
The trucker's phone records are another important evidence. This could reveal whether the driver was on the phone when the accident occurred, and could be the basis for an action. The trucking company's phone records can be used to determine what sort of policies they have in place with regard to texting and driving.
Additionally, it is important to keep medical documents and bills. This will allow you to demonstrate the severity of your injuries as well as the amount of compensation you will receive for your monetary losses. Economic damages include medical expenses loss of earnings, as well as future earning potential. Non-economic damages cover intangible losses like pain and suffering mental distress, and loss of consortium.
An experienced attorney can assist you in gathering all the necessary information and negotiate on your behalf with the insurance company when you are looking to file an accident claim for a semi truck.
4. Contact a lawyer
Although it's natural to be upset following an accident with a semi truck, it's vital to stay calm. Don't leave the accident scene, regardless of whether you're injured or not. This not only looks unprofessional, but it's also unlawful. Instead, stay there until the authorities permit you to leave.
When you arrive at the scene, note any damage that has occurred to your vehicle or personal property and any injuries you suffered. It is best to document this by taking pictures or video but notes are fine as well. You should also note down the names of the driver and company they work for and this will help later in the event of a case. Talk to witnesses and collect their contact details as soon as you can. It is also beneficial to have photographs of the wreckage site prior to any cleanup since they could be used as evidence in the event of a need.
If you've been injured in a semi-truck crash It is essential to seek medical care immediately and contact the police right away. It's also crucial to not admit fault as this could hinder your chances of receiving a fair settlement. If the trucking firm contacts you and offers to settle, politely decline it and consult an attorney.
There are several different types of damages that you might be able to claim from the responsible party 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 that result from the wreck. These can include hospital bills, ongoing treatment, and any loss of income due to the injuries you sustained.
In addition to financial compensatory damages, you could also be eligible for punitive damages from the at-fault party. These are intended to penalize the defendant and discourage similar behavior in future. It can be a challenge to prove this kind of compensation in court, however certain elements can help you determine the right amount. This could include evidence from the driver log of the trucker as well as electronic driving data and evidence of cell phone usage, reports or opinions from forensic or financial experts.