Truck accidents often cause severe injuries that require significant compensation. A New York City truck accident attorney can help you maximize your compensation.
They possess specialized expertise in evaluating cases and understanding the complexities of trucking laws. They also understand industry standards that may impact liability. For example, specialized permits are required for trucks exceeding weight and size restrictions.
Causes of Truck Accidents
The road is a dangerous place, and large trucks can be particularly deadly if they are involved in an accident. This is because of the size and weight of these vehicles, as well as a variety of factors that can contribute to truck accidents. These factors include truck driver fatigue, improper loading of the cargo and vehicle equipment failure. It is important that trucking companies and drivers understand these issues to reduce the number of accidents they cause.
Truck driving requires a high level of skill and vigilance, and truckers are required to follow strict safety protocols. However, many drivers are under pressure to meet delivery deadlines and may exceed their driving hours, which can lead to drowsiness and impaired judgement. Truckers also need to be able to react quickly to changes in traffic or weather conditions. However, poor reaction times can result in truck accidents if the trucker does not swerve or brake soon enough to avoid hazards.
In addition, some truck accidents occur due to poor road maintenance or environmental conditions. For example, potholes or uneven lanes can make it difficult for a truck to maneuver and may cause tire blowouts. Slick roads can increase stopping distances, and fog can impair visibility. Poor road construction and signage can also contribute to accidents, as can an inexcusable delay in salting roads during icy conditions.
Truck accidents can also be caused by the use of illegal or prescription drugs, and alcohol. If a truck driver was under the influence of alcohol or other substances at the time of an accident, they could be held liable. In some cases, the trucking company may be liable under “respondeat superior” if it fails to supervise its drivers or conduct proper background checks and training.
Driver Fatigue
Truck Driver Fatigue is a Leading Cause of Crash Injuries
While truck accidents can be caused by a number of factors, one of the most common causes is driver fatigue. When a trucker is too tired to operate the vehicle safely, it can cause a serious accident that seriously injures or kills other drivers on the road. Our truck accident lawyers have extensive experience in cases involving fatigued truckers and can help victims understand their legal options for seeking compensation for their injuries.
Fatigued truckers are less likely to react quickly or correctly to sudden events on the roadway and are more prone to drifting between lanes, which can lead to sideswipes and head-on collisions. The lack of control a tired trucker can have over the vehicle also increases the risk of jackknifing accidents.
Trucking companies and drivers alike must abide by federal hours-of-service regulations that set limits on driving time and require rest breaks between shifts. Failure to comply with these regulations can contribute to fatigue and is often a factor in truck accidents. Our firm can review data from electronic logging devices that show whether a truck driver violated these rules, as well as police reports and eyewitness testimony to prove that fatigue was a contributing factor in the crash.
Truck drivers can avoid fatigue-related accidents by monitoring their own health and wellbeing and taking frequent breaks to refresh themselves. In addition, they should be aware of the warning signs of fatigue, including yawning frequently, drooping eyes, forgetfulness and daydreaming. Avoiding medications that induce drowsiness and avoiding recreational drugs can also help truckers remain alert on the road. Drivers should also eat well and drink plenty of fluids, and treat sleep disorders like obstructive sleep apnea to help them get the restful sleep they need.
Improper Loading
When a truck is loaded improperly, it can affect how well it rides and handles on the road. It can also increase the risk of items falling off during transit, creating hazards for other drivers. The FMCSA has specific cargo loading and securement rules that all trucking companies must follow. Companies that fail to adhere to these guidelines could be held liable for any truck accidents caused by their negligence in the loading of freight on trucks.
An experienced truck accident lawyer can help you pursue compensation for your injuries if you were injured in a crash involving an improperly loaded truck. This includes damages for medical expenses, lost wages from being unable to work, pain and suffering, and property damage. Your lawyer can review your case and determine if you have a valid claim against the trucking company or other party responsible for the load.
Obtaining the necessary evidence to prove that the truck was improperly loaded may require a lengthy investigation into the details of the accident. This includes reviewing truck manifests, load tickets, freight contracts, employment records, inspection reports, and black box data. In some cases, your attorney might need to use legal tools like subpoenas and formal discovery requests in order to gain access to this information.
If you have been involved in a crash with an improperly loaded truck, it is important to prioritize your safety. Get to a safe location and call 911. Seek immediate medical attention, even if your injuries seem minor. Take photos of the scene, if possible, and exchange contact information with other motorists and any eyewitnesses. Next, speak with a Kingston truck collision attorney about your accident. They can provide expert advice about trucking regulations, including cargo loading requirements, and help you hold the appropriate parties accountable.
Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry nationwide. They impose rules to keep trucks safe, including imposing maximum drive time limits, checking that drivers meet health standards, and ensuring that cargo is secured properly. They also provide training and tools to help truckers comply with these laws. If truckers and companies break these regulations, it can cause serious accidents.
A knowledgeable truck accident lawyer knows how to look for evidence of these violations in a crash case. They can examine maintenance logs, ELD data, and driver qualifications to see if there were any regulatory breaches. This is vital for determining if negligence played a role in the crash and can help bolster a claim for compensation.
For example, some states have different HOS rules. These are designed to protect drivers from driving too much, so if they break these rules and cause an accident, it can be considered negligence. Other rules include drug and alcohol testing, vehicle inspections, and commercial driver’s license requirements. A failure to meet these standards can be a strong reason for a lawsuit.
In addition to monetary fines, violations might lead to out-of-service orders for a driver or company fleet. This can reduce income and affect business operations. It can also lead to higher insurance premiums, making it even more important to abide by the rules.
A truck crash attorney can use evidence like driver logs, photos from the scene, and expert witness testimony to build a strong case for victims of truck crashes. By proving that trucking regulations were broken, a knowledgeable legal professional can hold negligent parties accountable and ensure compensation. This allows victims to focus on recovery while receiving the financial support they need.
Insurance Issues
While every accident claim is different, truck accidents are more complex than those involving cars. Due to the massive size of these vehicles, crashes can cause severe injuries and high dollar damages. Insurance companies are prepared to battle claims for these significant payouts, which can be why you need an experienced attorney on your side.
A skilled truck collision lawyer is an asset for any crash victim. These attorneys have specialized education, training and experience dealing with complex commercial trucking cases, including extensive trial work. Insurance companies take a lawyer’s reputation into account, and are more likely to offer fair settlement offers to law firms with successful court outcomes.
One of the main reasons you should consult a truck crash lawyer as soon as possible is that they can help with document preservation and collection. A knowledgeable truck collision attorney can ensure that important evidence is preserved, including witness testimonies and information from the truck’s event data recorder. This device is similar to a black box and can reveal important details about the truck’s operation just prior to the accident.
In addition to preserving and collecting evidence, your truck crash lawyer will help with the initial filing of an insurance claim and establishing fault. They can also assist with establishing the full extent of your losses and how they will impact your future. This may include the need for years of care or a reduced earning capacity due to disability or a lower-paying job.
A skilled truck accident attorney can make sure that all aspects of your loss are included in the compensation you receive. While the initial offer from an insurance company will cover immediate medical bills and property damage, it may not include long-term expenses related to a reduced quality of life or lost earnings. Your New York truck accident lawyer will ensure that these costs are fully accounted for so that you get the compensation you deserve.
