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On the roads of America collisions with semi-trucks are not common. Because of their intimidating size, the injuries sustained in a collision with a vehicle can be severe.
If you have been injured in a truck accident, an experienced attorney can help you get the compensation you deserve. Learn about the different types of truck accidents that occur and how they affect your case.
1. Investigate the accident
In any accident, the evidence must be taken and preserved right away. This is especially important in cases involving semi-trucks. This is due to the fact that there are a myriad of sources of evidence and information including the black box of the truck driver's data and cell phone records. It is also possible for other technological devices to be used to prove the case, such as crash data recorders or even a truck's "nanny camera." All of this information could help determine the cause of the accident and who's responsible.
It is also important to involve the police as quickly as possible in the event of a semi truck accident. This will ensure the most complete and accurate account of the incident. It is difficult to prove the truth and determine who is at fault for a crash without a thorough and proper police investigation.
Once the police arrive at your home, you should answer questions as much as you feel comfortable. Do not make up your mind or guess at anything to enhance your image. These answers could be used against you by the trucking company or driver in court.
The police officer will gather the evidence they can on the scene, including photographs of the vehicles and the area around. The officer will also record the names and contact information of any witnesses who may have witnessed the incident. It's also an excellent idea to take a picture of the truck's number plate and any other identifying marks on the vehicle or the trailer.
One of the most frequent causes of semi-truck accidents is rear-end collisions. They typically occur when a vehicle or car is following too closely. In these cases the driver of the truck is likely to smash into the back of the vehicle in front of them. This may cause fatal or serious injuries to the passengers in that car or truck.
Other reasons for semi-truck accidents include tire blowouts shift loads, inadequate maintenance of the trailer or truck and more. A qualified personal injury attorney will be able to address these issues and can assist you in proving who is responsible for your losses. In the majority of situations, a driver of a truck is responsible for any accident that is caused by their negligence. However there are other avenues to redress that can be pursued if the source of the accident was not related to like a manufacturing defect in the truck or trailer.
2. Contact the Police
If you are involved in an accident that involves semi-trucks occurs the first thing to make is to contact the police. They will come and record official statements regarding the crash including any injuries that occurred. This will also give you an official police report that you can use in your claim for damages. The NYPD keeps their reports on file in their precincts forever so if you're near the site of the incident (or are able to visit it easily) You should go pick one up. You can also use the NYPD's website to request reports.
In addition to speaking with the police, it's essential to collect information from all involved in the accident. This includes the truck driver, passengers, and any other witnesses. You should try to find their name, contact number, insurance information, and company name. If possible, you should also capture photos or videos of the scene. This will help you record the accident and can also provide a visual record the moment of impact which could be valuable later on.
Most accidents involving trucks are caused by driver error or a mishap. This could be due to drowsiness distraction, driving under the influence of alcohol or drugs, or speeding. These factors can be especially dangerous when driving a large, heavy vehicle.
Another major cause of semi-accidents is bad roads or weather conditions. Trucks can be difficult to maneuver and can easily be uncontrollable when driving in bad conditions.
Unprofessional maintenance of the truck or its trailer is the third major reason for truck accidents. A truck that isn't maintained well can be dangerous since it is more likely to overturn or suffer mechanical malfunctions. This could be caused by poor weather, driver fatigue or negligence on the part of the trucking company.
A reputable truck accident attorney will investigate the crash and identify all the parties responsible, and gather evidence to back your case. They will also manage all communications with the insurance company for the trucking company, so you do not have to be concerned about them trying fool you into admitting to responsibility or reducing the amount of compensation you're entitled to.
3. Gather Information
Photograph everything as you wait for the police. Included in this are damage to any vehicles involved, as well as skid marks, or any other evidence that might help your case. It is also a good idea to capture the driver of the truck as well as their passengers and witnesses who may have witnessed the accident. This will save you from having to locate them later, and it will aid your lawyer in determining who's responsible for the crash.
Be sure to ask eyewitnesses whether they'll be able to speak under oath. This will ensure that their claims are true and are not altered by other people's accounts of events. Witness statements are essential for finding out the cause of the accident. They can also be used to prove negligence, which is one of the ways you can get compensation from the trucking company.
It is crucial 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 license as well as their personal qualification and their training file. It may also include a history check, results of a drug screening and safety performance records. This can be subpoenaed by your attorney if needed.
Another important piece of evidence is the trucker's phone records. This can show whether the trucker was actually on the phone at the time of the accident, and it could be grounds for an action. The records of the trucking company's phones can be used to determine what sort of policies they have in place regarding texting and driving.
It is important to collect all medical records and bills. This will help you demonstrate the extent of your injuries and the amount of compensation you will receive for your financial losses. Economic damages cover things like medical expenses losses of earnings and future earning potential. Non-economic damages include intangible losses such as pain and semi truck accident lawyers suffering, mental distress and loss of consortium.
If you're interested in filing a claim for a semi-truck accident, an experienced attorney can assist you gather all the information you need and bargain with the insurance company on your behalf.
4. Contact a lawyer
It's normal to feel upset after a collision with a semi-truck however, it's important to remain calm. If you're injured, or even if you're not, don't leave the scene of the collision. This is not only unprofessional, but also illegal. You should remain at the scene as long as you are allowed to by authorities.
Once at the scene, document any damage to your vehicle or personal property, and any injuries you sustained. If possible, it's ideal to document the incident with photos or videos. However notes will suffice. It is also important to note down the name of the driver and company they work for and this will help later in the event of a case. In addition, speak with witnesses you know and obtain their contact details immediately if you can. It's also helpful to have photos of the crash site prior to any cleanup as they could be used as evidence if required.
If you've been hurt in a semi-truck crash it is crucial to seek medical attention immediately and notify the police as soon as you can. It is also important to not admit guilt as it could impede the chances of obtaining an appropriate settlement. If a trucking firm contacts you with an offer to settle but you're not comfortable, you should accept the offer but politely decline, and then contact an attorney.
You may be able to collect damages from the party at fault in a semi truck accident lawsuits-truck accident. The most straightforward of these is economic compensatory damages which are meant to reimburse the victim for any financial loss associated with the wreck. These may include hospital costs, ongoing treatment, and any loss of income resulting from your injuries.
You could also be entitled to punitive damages in addition to economic damages. These are meant to punish the defendant and prevent similar actions in future. This kind of compensation can be difficult to prove in court, but there are certain factors which can help you determine the amount you should be awarded. These could include data from the driver log of the trucker electronic driving records as well as evidence of cell phone use, and reports or opinions of forensic or financial experts.
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