How to Make a Semi Truck Accident Legal
On the roads across America collisions with semi-trucks are not uncommon. Because of their intimidating size, the injuries sustained in a collision with a truck may be severe.
If fort myers semi truck accident claim suffered an injury in a collision involving trucks, an experienced lawyer can help you get the compensation you're due. Learn about the types of truck accidents and how they might affect your case.
1. Investigate the accident
Evidence must be collected immediately after an accident. This is particularly important in the case of semi-trucks. This is due to the fact that there are many more potential sources of information and evidence including the black box used by the truck driver data and phone records. It is also possible for other devices to be used for evidence, including crash data recorders or a truck's "nanny cam." All of this information could help determine what caused the accident and who was at fault.
It is also crucial to have the police involved as soon as possible in the event of a 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 responsible for the crash without a thorough police investigation.
Once the police arrive when they arrive, you should answer any questions only as much as you are comfortable. It's not a good idea to speculate or make guesses about any information in order to impress the police. These answers could be used against you by the trucking company or the driver in court.
The officer of the police will collect a number of different kinds of evidence on the scene, including photographs of both vehicles as well as the surrounding area. They will also write down the names and contact information of any witnesses who may witness the incident. Additionally, it is a good idea to photograph the license plate of the truck as well as any other identifying marks which are found on the vehicle or trailer.
Rear-end collisions are one of the most frequent causes of semi-truck accidents. These usually happen when a truck or car is following too closely. In these situations the truck driver is likely to hit the back of the vehicle in front of them. This can be dangerous and could cause fatal or serious injuries to the passengers of the car or truck.
Other causes of semi-truck accidents are blowouts of tires and shifting loads, inadvertent maintenance of trailers or trucks, and many more. A personal injury lawyer who can address these issues can assist you to prove liability for your damages. In the majority of instances, a truck driver is responsible for any accident that was 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 like a manufacturing defect in the truck or trailer.
2. Contact the Police
Notifying the police is the first step to take when an accident involving semi-trucks happens. They will come and record official statements about the accident including any injuries that occurred. Additionally, they will provide you with an official police report that you can use in your claim for damages. The NYPD keep their reports on the premises at their precincts permanently which means that if you live close to the spot of the incident (or is able to go there easily) then you should get one. Or, you can go to the NYPD's online portal to make a request for reports.
It's crucial to speak to anyone involved in the incident, including the truck driver as well as passengers. This includes the truck driver, passengers and any other witnesses. Be sure to collect their names, numbers, insurance policy information, and the name of the company they work for. If you can, also capture photos or videos of the scene. This will help you document the accident, and will also give an image recording of the moment of impact.
Truck accidents are often caused by driver carelessness or a mishap. This could be due to drowsiness, distraction, driving while under the influence of drugs or alcohol, or speeding. These types of factors are particularly dangerous when driving heavy, big vehicles.
Another common cause of semi accidents is bad road or weather conditions. Trucks aren't simple to maneuver, so if they're driven in poor conditions, they are likely to become unstable and cause collisions with smaller vehicles.
Unprofessional maintenance of the trailer or truck is the third most common cause of truck accidents. A vehicle that is not properly maintained could be dangerous as it is more likely to overturn or experience mechanical issues. This could be due to bad weather, driver fatigue, or inattention on the part the trucking company.
A truck accident lawyer will investigate the accident and determine the responsible parties and gather evidence to prove your case. They will also handle any correspondence with the insurance company of the trucking company's business, so you don't be worried that they attempt to entice you into accepting blame or reduce your compensation.
3. Gather Information
Photograph everything you see while you wait for the police. This includes the damages to all vehicles involved, skid marks, and anything else that might aid your case. It is also a good idea to take pictures of the driver of the truck and their passengers, as well as any witnesses that may have witnessed the accident. You won't need to look for them later on, and your lawyer will be able to determine who is accountable.
When you speak to eyewitnesses, ensure that they are prepared to testify under oath. This will ensure that their statements are true and not affected by other people's interpretations of the events. Witness statements can be vital in determining what caused an accident. They can be used to show the negligence of the trucking company.
It is important to gather all the information you can about the trucking company, the driver, and their background. This could include their personal qualifications and training files, a copy of their commercial driver's licence, history tests, results of drug screening and safety performance records. It can be compelled by your attorney should it be required.
The trucker's phone records are another important piece of evidence. It can be used to determine that the trucker was using the phone at the time of the accident, and could be a basis for an action. The records of the trucking company's phones can also be used to determine the type of policies they have in place for texting while driving.
It is essential to gather all medical records and bills. This will help you establish the extent of the injury and the amount you must be compensated for financial losses. Economic damages cover things like medical expenses losses of earnings and future earning potential. Non-economic damages deal with intangible losses, such as pain and suffering, mental anguish and loss consortium.
If you're interested in filing a claim for a semi-truck accident, an experienced attorney can assist you gather all of this information together and negotiate with the insurance company on behalf of you.
4. Contact a Lawyer
It's normal to be upset after a collision that involves semi-trucks however, it's equally important to remain calm. If you've been injured, or even if you're not, don't leave the scene of the collision. It's not just unprofessional, but it's also unlawful. Instead, remain on the scene until authorities allow you to leave.
Document any damage to your car or personal property, as also any injuries you've suffered. It is best to do this through video/pictures if possible however notes can be used too. Also, you should note the name of the driver and company they work for as this information could be useful later on in your case. In addition, speak with witnesses you know and get their contact details as soon as you can. It's also helpful to take photographs of the wreckage site prior to any cleanup, as this can be used as evidence if needed.
If you have been injured in a semi-truck accident it is crucial to seek medical attention as soon as possible and call the police. It's also essential to avoid admitting fault because it could impede your chances of receiving a fair settlement. If the trucking company contacts you and offers to settle, politely decline it and contact an attorney.
There are several different types of damages that you might be able to recover from the responsible party in a semi-truck accident. One of the most common is economic compensatory damages which are designed to compensate the victim for any financial loss associated with the wreck. This could include emergency hospital visits, medical bills ongoing treatments, as well as any loss of income due to the injuries you sustained.
In addition, to the economic compensatory damages, you may be eligible to receive punitive damages from the party at fault. These are intended to punish the defendant for their negligent actions and discourage similar behaviour in the future. This kind of compensation can be difficult to prove in court, however there are certain aspects that can help you determine an appropriate amount. These include the logs of the trucker electronic driving record and evidence of the use of a cell phone and the opinions or reports of forensic or financial experts.