Legal Actions to Take When Involved in A Truck Accident

Truck Accident

Truck accidents are not as common as regular vehicular accidents however, they tend to be more serious and have more damaging outcomes to both lives and property. Various factors contribute to truck accidents. Most times it is a combination of so many errors. It could be that the truck had developed a mechanical fault before or after hitting the road. The driver could have been going above the speed limit, maneuvered poorly, and failed to break on time. An overloaded truck, bad weather, a blind spot, distractions like answering the phone or texting, driver fatigue, a sudden illness, and even the carelessness of other road users is more than enough to set a ghastly accident in motion. In the event of an unfortunate truck accident, there are certain legal actions to take to ensure that one is indemnified and can increase the potential of pursuing a successful personal injury claim.

Call The Police

A police report or lack of one can make or mar a compensation claim. Involving law enforcement establishes transparency and credibility. Provide them with as much information as possible is able and obtain a copy of the police report once they have made one. It establishes legal documentation of the incident and ensures accurate maintenance of the facts leading up to the accident. Also, take account of the vehicles and people involved in the accident and call for an ambulance if they are injured.

Avoid Oversharing

For instance, one could ask ‘What if I was at Fault in a Truck Accident?’ the answer to this is simple. Do not say more than is necessary especially when your lawyer is absent. In a bid to provide information on the incident, be careful not to overshare. As this could lead to self-implication. A lot of victims have lost their cases because of a statement that contradicted or implicated them and even diminished the culpability of the person responsible. Instead, look for personal injury lawyers and only share data with them offering advice.

Seek Medical Attention

If injured seek medical attention as soon as possible. It is impossible to be examined and treated for sustained injuries and also acquire a medical report to back claims of physical harm. A medical report goes a long way in proving that the sustained injuries were a direct result of the accident. This in turn favors the injury claim.

Document And Gather Evidence from The Accident Scene

This is important especially if law enforcement has not arrived yet. If the victim is able, they should immediately begin to document every aspect of the accident. Take pictures of the vehicles from various angles. Get the contact information and statements of witnesses. Take note of road and weather conditions and keep it safe for the injury attorney. It will ensure that evidence is not tampered with or manipulated and help the attorney build the case.

Conclusion

There are so many other important actions to take when a truck accident occurs. These listed are the first and most important. Failure to take these necessary steps will not only compromise a pursuit for compensation. The delay can get the whole suit thrown out.

Your Truck Accident Claim Questions Answered

Truck Accident

Truck accidents can be tough experiences for all parties involved and when it comes to claiming for such accidents, it is a much more complex aspect of the law than a standard vehicle accident. With this in mind we are going to have a look into some of the most frequently asked questions regarding truck accidents and try to offer you some solutions to any queries which you may have surrounded this.

What if You Were at Fault?

You may be asking yourself ‘what if I was at fault in a Michigan truck accident’ and wondering whether you are able to still claim. The only time that this would be the case is if the accident fell under the banner of split liability. In this kind of situation, it would have to be proven that there was shared culpability between you and the driver of the truck. If this cannot be proven then you will be considered as liable, and you will not be able to make a claim.

How is Compensation Decided?

When it comes to deciding on how much compensation must be paid to the victim, the courts will look into two main factors. The calculation of compensation will come down to which area of the body was injured, and how severe the injury was. There are 5 levels of injury severity and medical professionals will assist the courts in identifying which category the victim’s injury falls under.

What Are the Most Common Causes of Truck Accidents?

In the large majority of truck accident cases, it is the driver of the truck or the driver of the vehicle who is most commonly at fault. Fault could come down to speeding, dangerous driving or an impaired driver. In fewer cases we see that the fault is that of the trucking company which may have poorly maintained vehicles, or which has made mistakes in loading the truck, resulting in the injury.

Is There a Crime?

In most cases where the driver is at fault, there is not a crime attached to this, as careless driving is not in itself a crime. With this being said however is a driver is impaired because of drugs or alcohol, or if they do not have a license, they can certainly be charged with a crime.

Does Jackknifing Mean There is No Liability?

This is a common myth which we hear regarding these accidents, that if a truck has jackknifed it means there is no guilt. If the truck has found itself in this position because the driver was looking to avoid an accident, then there will be no liability there. If however this has been caused because of reckless driving, then there will certainly be a case to answer. There are no guarantees in this area of the law because of the fact that every case is different.

Any more questions you may have, don’t hesitate to mention them in the comments below and we will try and answer them for you.