Trucking Accidents

Truck collisions can be far more complex than car accidents. This complexity comes from these unique elements:

• Truck data recorders – Event data recorders are often available in a truck accident. Unlike many consumer vehicles, commercial trucks have data recorders that capture a wide range of information. This data may include speed, acceleration, service hours, and unusual events such as hard braking or unexpected stops. During a truck accident investigation, experts may have to be employed to analyze the data and determine exactly what happened.
• Complex trucking laws and regulations – To operate on New York’s roads and highways, commercial truck drivers must meet strict federal and state requirements. They must take mandatory rest periods to ensure they are alert enough to safely operate their vehicles. Trucks must also undergo regular inspections, cargo checks, and routine maintenance.
• Multiple liable parties – After a normal car accident, one of the motorists in the crash is found to be at fault. However, in a truck accident, many different people and companies may share responsibility for the crash. Those parties include trucking companies, cargo loaders, brokers, parts manufacturers, and many others. In a truck accident claim, you must understand exactly what happened and which parties are liable.
• Multiple insurance companies – In a truck accident claim, several different insurance companies may be involved. The truck’s driver, the truck’s owner, cargo loaders, and other parties may have separate insurance policies from different insurance companies. That could mean multiple insurance companies involved in your accident claim, with each one fighting to minimize the amount they must pay.
• Hazardous cargo – The cargo loads on some trucks can endanger your health and your life. As part of a truck accident claim, you must determine what cargo the truck was carrying, whether any special laws and regulations apply to that cargo, and how the cargo may have harmed you.

These parties may share liability for a truck accident:

• The driver – The driver is central to a truck collision. They’re responsible for the vehicle and they’re required to inspect their vehicle and their cargo for safety. While truck drivers must meet strict requirements, they can still make errors, and you can end up hurt.
• The driver’s employer – Trucking companies are responsible for the actions of their employees. They run background checks and must make sure that they’re not hiring bad drivers. They also need to perform regular repairs and maintenance of their vehicles to meet safety requirements.
• The truck owner – Truckers do not always own the truck that they drive. In some cases, the driver of the driver’s employer may rent the truck from a third party. The third party may be liable if the truck’s improper maintenance played a part in the crash.
• Cargo shippers and loaders – Every load of cargo must be carefully loaded and balanced before the truck driver takes it on the roads and highways. When those who ship and load cargo fail to meet safety standards and shifting cargo contributes to an accident, the cargo loaders may be liable.
• Cargo brokers – Brokers help arrange cargo shipments for various companies. In a truck accident claim, those brokers may be liable if they fail to review the records of truck drivers that they hire to move cargo.

After an 18-wheeler accident, these and many other parties may be involved. If you have questions about your claim and who may be held responsible, schedule a case review with a Queens truck accident lawyer at NY Injury Lawyers, PLLC.

After a big rig accident, we may rely on these types of evidence:

• Employment records, including driver records and evidence of background reviews
• Lease agreements for the commercial truck and trailers
• Maintenance and repair records for the truck that was involved
• Electronic data recorder (EDR) technical data about what happened immediately before and after the accident
• Driver logs covering a truck driver’s activity and rest periods
• Any evidence that the truck’s inspections did not meet Federal Motor Carrier Safety regulations or New York trucking regulations
• Expert analysis of the accident scene
• Reports on cargo contents and balancing
• Evidence that the truck was transporting hazardous cargo without appropriate safety precautions, as required by federal and New York trucking laws
• Police reports and eyewitness testimony about the accident

When you have suffered an injury, a truck accident lawyer in Queens can help you make sure you’re pursuing the truck accident compensation that you deserve. Compensation may cover:

• Your medical bills following an accident – This may include the cost of medical care that you need in the future.
• The income and wages that you lose because of your truck accident injury – If your future earning capacity is also harmed, you may be entitled to compensation for this.
• The cost to repair or replace your property – In a New York commercial truck accident your vehicle and your personal possessions may have been damaged or destroyed. Compensation may cover these losses.
• Pain and suffering, as well as emotional distress – A truck accident can leave you with lasting pain and serious conditions such as depression. As part of a truck accident case, you can pursue these damages.
• The wrongful death of a loved one – As part of a claim, you may seek compensation for their wrongful death, including the costs of medical care they needed, the loss of their care and attention, and their final expenses.
• Punitive damages may also be part of a truck accident lawsuit – In New York, if the other parties acted recklessly or maliciously, you may be entitled to punitive damages.

Depending upon the facts of your semi-truck accident, you may be entitled to these and other types of compensation. If you have questions, a Queens truck accident attorney can help.

After a commercial truck accident in New York, you usually have three years from the accident’s date to file your truck accident lawsuit. If a loved one passes away because of their injuries, you’d have two years from the date of their passing.

If you need to file a truck accident lawsuit in New York, make sure you’re filing within any government guidelines. If you fail to do so, you may lose your right to bring a lawsuit for your injuries.

After a truck accident:

• Contact the police and medical responders so that everyone gets the attention they need.
• Determine who was involved in the accident and get their contact information.
• Take photos of the vehicles that were involved.
• Take photos of the accident scene.
• Collect the names and contact information of any witnesses.
• Do not talk about the accident with those at the scene, and do not discuss fault or responsibility.
• Speak with a Queens truck accident lawyer about your next steps.

Common causes of commercial truck accidents include:

• Distracted driving – This problem is growing day by day thanks to mobile phones and other electronic devices. Distractions have no place in a professional driver’s workplace.
• Drunk or intoxicated driving – Under federal and New York trucking regulations, drivers are strictly prohibited from driving while drunk or intoxicated. Sadly, some truck drivers ignore the rules, leading to serious accidents.
• Operating a truck without adequate rest – Under federal and New York trucking laws, drivers must make sure they’re getting the rest they need. When they don’t, they can make fatal mistakes.
• Inexperienced drivers – It takes skill and experience to operate a big rig. Inexperienced drivers can easily make mistakes that cost lives.
• Drivers not leaving enough space between themselves and others – Space management is a critical part of operating a commercial truck. Drivers that don’t leave enough space can endanger themselves and others on the road.
• Communication failure – Truck drivers must signal and communicate their actions and their plans on the road. A sudden or unexpected movement can lead to a loss of life.
• Improperly balanced, secured, or loaded cargo – Those who load cargo for transportation must ensure that the cargo is safe. A failure to properly balance or secure the cargo can cause a trailer to shift, leading to a serious accident.
• Failure to maintain a commercial truck – Not all truck accidents happen because of driver error. Those who own or maintain trucks must make sure their vehicles can be safely operated on the road.
• Driving too fast for road conditions – With a commercial truck, road conditions can play a huge role in accidents. It’s up to drivers to understand the circumstances of every type of weather and to drive appropriately.

In a truck accident, catastrophic, life-threatening injuries may include:

• Head injuries
• Spinal cord injuries
• Traumatic brain injuries
• Broken bones and loss of limbs
• Whiplash
• Chest injuries and damage to the rib cage

In general, New York trucking laws closely follow the Federal Motor Carrier Safety Regulations. Under those trucking laws:

• Drivers are required to meet strict criteria before they can operate a truck.
• The employers of truck drivers must ensure their drivers safely operate their big rigs.
• Trucks must be routinely serviced.

If any of those parties fail to meet their duties under New York’s trucking laws, they may be liable if the truck is involved in an accident.

After a truck accident injury, a truck accident lawyer from NY Injury Lawyers, can:

• Investigate your truck accident and help you figure out who is responsible.
• Help you understand your own no-fault insurance and what it may cover.
• Give you the full attention that you deserve.
• Answer your questions about the law and how it affects your truck accident claim.
• Take the pressure off you by dealing with insurance companies.
• Aggressively negotiate with those responsible for your compensation.
• Fight to maximize your compensation and your recovery.

If you have been injured in a truck accident in Queens, NY Injury Lawyers, PLLC is ready to help you. We understand how stressful a truck accident claim can be, and we are ready to go the extra mile to take the stress off you. Our seasoned truck accident lawyers are equipped to aggressively negotiate for your recovery, and we are prepared to fight every step of the way to maximize your compensation.

After a truck accident, make sure you get the personalized attention, skill, and care that you deserve. Contact us today for your free consultation.