If you have seen the aftermath of a collision between a car or pickup truck and a tractor-trailer, you know that the results can be life-changing, even catastrophic. If you or someone you love has been involved in a crash with a commercial vehicle, it is important that you get a good truck accident investigation ASAP. This will help win your liability case against the 18-wheeler driver and his company.The injuries, medical bills, lost wages, pain, disfigurement, and disability, and vehicle damage from a collision with a semi truck can be phenomenally high. You will need a substantial sum to reimburse yourself for your damages. This can be a major injury, high-dollar situation that both sides want to win. Almost every personal injury case is settled out of court. You can usually make the insurance company representatives pay a reasonable amount of money, but only after you have proven your case. Getting a fair settlement or a jury verdict from an insurance company or trucking company can be impossible without a strong legal team backing you.
What a personal injury lawyer is looking forYour injury attorney can create a reconstruction of the accident scene, especially if he is able to view the scene before the police have cleared away the debris. This can provide important information about what each vehicle was doing at the time of the collision. For example, did the semi truck drift out of its lane, tailgate, speed, or fail to yield the right of way at an intersection? Did the weight shift when it should have been properly secured or did an unsecured piece of cargo fly out of the vehicle? Was the truck properly maintained? Was the driver qualified? Were any other vehicles at fault? Was the weather or condition of the road a factor? A fast immediate investigation enables your personal injury lawyer to collect evidence. In a motor vehicle collision, no matter how severe, the police report is primarily an internal document for record keeping. The police often don’t take witness statements, take photographs, reconstruct the accident scene, download vehicle speeds and stopping data, or stop the trucking company from destroying evidence. It also allows your attorney to notify all parties that a lawsuit is in progress. He can notify all parties, particularly the trucking company, that no evidence may be tampered with, destroyed, or changed in any way.
What each side will be doingThe driver is carefully trained and knows what he must do. You don't. He must call his dispatcher, who will alert the company's crash response team, including attorneys and accident reconstruction experts. They will be at the site within minutes and will coach their driver, scour the scene, take photos and measurements, talk to witnesses, and work with the police officer to possibly shape his perception. But you will be injured, dazed, and might even be unconscious. You might be taken away from the scene to the emergency room by ambulance. What do you think will happen in the mean time? Important evidence will be taken that you need. It can possibly be destroyed or lost. The investigation must begin as soon after the impact as possible. Each minute, each day can be critical. But too many people wait for a police report to arrive and then find that it contains insufficient information to prosecute their case. Or they never see the police report and have no idea how to get one. We immediately obtain the report for any one who asks us, at no charge. This protects evidence that can win or lost your lawsuit including the driver's cell phone with text messages about traffic, speed, delivery times, weight, malfunctions, stops, and required rest. And almost all cell phone use while driving is outlawed by the FMCSA.
Berenson Injury Law has filed many commercial vehicle collision lawsuits over the last 39 years. We just resolved one against a major carrier that injured two people, one seriously.
What our law firm does after being hired
- Go the the site of the wreck to get evidence
- Work with an accident reconstruction expert
- Get statements from witnesses
- Get the police officer's photos and notes
- Obtain and analyze the police report
- Research the other driver and company
- Write a letter demanding that the trucking company preserve the truck and all evidence
- Mail a letter to the trucking company making it preserve evidence
- Download black boxes of vehicles involved
- Helps our client get the medical treatment they need