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.
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.
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.
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.
There can be no second thought to the fact that personal injury claims can indeed be tricky. This is exactly where you need to hire the services offered by a Personal Injury lawyer. If you are unsure as to what is the best way to move forward in your quest of enjoying the desired level of advantage, services offered by a personal injury attorney can assist you to a great extent. Residents of McAllen must stay informed about the responsibilities of the lawyer prior to availing the services.
Different Types Of Accidents
A personal injury lawyer must be able to offer you with the desired degree of assistance for accidents caused due to different reasons. You can expect to seek assistance due to accidents caused by a swimming pool, Boat, Motorcycle, Tractor, trailer, motorcycle, train and auto pedestrian. Apart from the above-mentioned type of injuries, you can expect to enjoy legal assistance relating to a number of injuries such as defective items, harmful premises, disabling injuries, amputation, paralysis and Truck Accident.
Work In A Confidential Manner
The fact that a Personal Injury attorney is aware about the regulations and rules pertaining to every legal case helps you in enjoying the appropriate degree of compensation. Personal injury attorney holds the desired degree of experience in handling insurance businesses and can fight every legal case suiting your advantage. The lawyer is supposed to work in a confidential manner in order to recover the financial resources that might have hurt you.
It needs to be made clear that the sooner you decide to hire the services of a McAllen Personal Injury lawyer, greater the amount of financial compensation you can enjoy. The lawyer is supposed to gather all relevant facts and details that hold a certain degree of significance pertaining to the legal matter. The first step the lawyer needs to take is gathering all vital facts and information related to the legal matter. The questions asked by the lawyer offering services in McAllen must aim in finding out as to who among both the involved parties holds responsibility for the accident. There is a series of investigations that need to be performed by the concerned lawyers. The responsibility of the lawyer is to conduct a proper interviewing and consulting session in order to determine the many factors that do relate to the accident. The role of the lawyer in helping you to enjoy rewarding financial advantages assumes prior significance.
If you have got injured due to negligence on the part of another individual, consider hiring the services offered by the McAllen Personal Injury lawyer. The services can benefit you immensely.