Personal injury lawsuits involving big rigs, tractor trailers, semis, and other large commercial motor vehicles can be complicated. Fault may not be immediately obvious, which may make the lawsuit even more challenging. Moreover, insurers and trucking companies usually try to deny their liability. A stellar and dependable Brooklyn truck accident lawyer can hold the negligent parties accountable for their actions and obtain maximum compensation for you.
Personal injury lawsuits involving big rigs, tractor trailers, semis, and other large commercial motor vehicles can be complicated. Fault may not be immediately obvious, which may make the lawsuit even more challenging. Moreover, insurers and trucking companies usually try to deny their liability. A stellar and dependable Brooklyn truck accident lawyer can hold the negligent parties accountable for their actions and obtain maximum compensation for you.
Who can be Held Liable in a Brooklyn Truck Accident?
Commercial truck accidents in Brooklyn are different from crashes that involve passenger vehicles. This is because there can be several entities responsible for a truck accident. These may include:
Truck drivers
Driver error is among the leading causes of big-rig accidents. Most drivers behind the wheel are careful. In relation to this, tight delivery schedules or personal reasons may compel a driver to act negligently. Negligence can be of many types, such as:
- Driving while under the influence of drugs or while intoxicated
- Speeding or driving too fast for weather and road conditions
- Texting while driving
- Distracted driving
- Falling asleep at the wheel
- Disregarding traffic signs and signals
- Driving while fatigued
- Aggressive or reckless driving
If you were injured in an accident where the driver was engaged in any of these behaviors, you may want to consult with a Brooklyn NY truck accident lawyer. Your Brooklyn semi truck accident lawyer will examine whether the trucker’s actions were coerced or influenced by their employer.
Trucking companies
Truck carriers don’t always make decisions which benefit truck drivers. In fact, several drivers find themselves to be part of a system that prioritizes profits and promotes risky driving. Your Brooklyn truck accident attorney will use accident reconstruction experts to determine whether the trucking company violated any laws designed for protecting truckers on the road.
They may also hold the trucking company liable for any damages as a result of their violation. Generally, trucking companies are held liable if they:
- Hire underqualified drivers
- Push drivers to meet deadlines even if it means staying on the road for longer than it is legal or safe
- Inadequately or improperly train drivers
- Allow drivers to operate vehicles without proper license
- Fail to perform regular vehicle maintenance
- Don’t inspect trucks before use
- Encourage drivers to stay awake longer
Proven Brooklyn trucking accident attorneys gather as much evidence as possible to prepare a solid claim and maximize compensation for plaintiffs.
Truck owners
Sometimes, the trucking company or the driver may not be the true owner of the truck. It may be owned by a separate entity. They can be held liable for negligence if it results in a crash. The truck owner has a responsibility for carrying out regular inspections, maintaining fluid levels, keeping up with maintenance, and safeguarding engine functions.
They are also required to perform other duties for ensuring the vehicle’s safety. The owner may be held liable by a tenacious Brooklyn trucking accident lawyer if they fail in their duty.
Shipping companies or cargo loaders
Cargo that is not secured or loaded correctly can shift during transit and disturb vehicular balance. Improperly loaded cargo may also result in loss of vehicle control, tire blowout, and brake and transmission failure. If a Brooklyn trucking accidents lawyer discovers that the loading or shipping company is negligent after examining the evidence, they may hold them liable. Negligence could be because of improper loading techniques, failure to inspect, and overloading.
Vehicle parts manufacturers
Accidents can result from malfunctioning vehicle component. There could be a manufacturing or design defect. For instance, if faulty brakes lead to a collision, the manufacturer can be held responsible for the company’s negligence. If you or someone you love was injured in a truck accident, you should speak with a seasoned truck accident lawyer Brooklyn. Your attorney will carry out an independent investigation of the collision for determining the at-fault party.
Types of Evidence to Establish Liability After a Brooklyn Truck Accident
There is a wide array of data that needs to be reviewed following a commercial truck accident. You may want to search for a truck accident lawyer near me to determine what actually happened and the parties that can be legally held liable for the crash. Evidence can be gathered in the form of reports from police, collected at the crash scene, or by examining the truck in the wreck.
It may include downloading data from the “black box” or event data recorder. A leading truck accident law firm will have accident reconstruction specialists on their team to perform forensic analysis and accident interpretation. The trucker’s activity logs show a variety of data. It is required to show their time behind the wheel and rest time.
Your attorney will also obtain other company records along with witness statements. Court order is usually required for making a trucking company turn over their records. A reliable Brooklyn NY truck accident lawyer may get a court order for examining the wrecked truck as well. With that said, it’s critical to move fast in truck accident claims.
Evidence has been known to get “lost” or destroyed. You should speak with a qualified truck accident lawyer Brooklyn as soon as possible. These are a few pieces of evidence you may need to rely on to prove the accident was the result of negligent actions:
- Truck driver’s driving, disciplinary, or employment records
- Testimony from the truck driver
- Testimony from other employees of the trucking company
- Records of the trucking company’s investigations into prior complaints
- Written employee policies of the trucking company
- Truck driver’s medical certification records
- Truck driver’s hours of service logs
- Cargo or fright manifests
- Records of truck driver’s alcohol screens
- Dispatch logs of the trucking company
- Pre-trip inspection reports of the truck driver
- Logs from the black box or event data recorder
How To Gather Evidence for Proving a Truck Liability Claim
These are a few ways an experienced Brooklyn trucking accident lawyer will gather the necessary evidence:
- Driver logbooks: Truck drivers are required to log the trips and deliveries made. Unfortunately, these detailed records can be easily doctored to look legitimate. Your attorney will need to dig deeper into them for establishing inaccuracies in the driver’s logs.
- Electronic records: There are electronic logging devices in truck cabs that are similar to black boxes in airplanes. These are usually harder to fake.
- Cellular data: Your attorney may request for cell phone records, such as internet activity, GPS data, calls, emails, and texts to show that the driver was actually driving when they should have been resting or were driving distractedly.
- GPS systems: Qualcomm is a popular GPS system in trucks, which can show the location and speed.
- Bills of lading and receipts: Weigh station records, gas station receipts, shipment delivery, bills of lading, and food and drink transactions can help in pinpointing the driver’s exact location. Your attorney will compare it with the logbooks for inaccuracies.
- Maintenance records: These can be used for identifying inaccuracies or inconsistencies with the driver logbook.
Proving Violation of Hours of Service Rules for Truck Drivers in Brooklyn
Trucking companies and truck drivers in Brooklyn are required to follow local, state, and federal laws and regulations when operating. If a trucking company is required to transport goods across state lines, the driver is legally required to follow FMCSA hours of service rules.
Nationwide hours of service rules can be broken by a trucking company by:
- Keeping tight schedules for truck drivers, causing them to drive rashly for making up the extra miles
- Giving bonuses to drivers based on ambitious and unrealistic driving goals or incentivizing them to work past their hours
- Paying truck drivers by the load causing them to deliver as many loads as possible
- Causing truck drivers to work off the clock and lie on the logs
- Keeping policies that essentially favor those drivers that bend the rules
- Threatening retaliation against any driver that doesn’t go over the hours of service regulations
You can hold the trucking company liable for their dangerous actions by proving that the accident was a result of the violation of hour and service rules. A skilled truck accident lawyer Brooklyn will help you find the proof needed for backing up the claims and establishing the cause of the crash.
Fatigued or Drowsy Driving Can Result in a Truck Accident in Brooklyn
Drowsy and fatigued driving has the same effect as drunk driving as per recent research. A truck driver can easily cause an accident if they drive fatigued. These are a few effects of tired driving:
- Trouble keeping eyes open, staying focused, or holding up the head
- Drifting across lanes, tailgating, or swerving
- Disconnected thoughts
- Uneven driving speed
- Slowed reaction times
- Sudden jerking movements
- Memory loss or not being able to remember the areas just passed
- Running stoplights, passing exits, and failure to use turn signals
These symptoms are especially bad for truck drivers carrying oversized or massive cargo loads. A big rig or 18-wheeler only makes things worse.
Our Brooklyn Truck Accident Attorneys Have the Skills and Resources to Take on Large Insurance Companies. Get Strong Legal Representation to Maximize Your Compensation.
The Brooklyn trucking accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have years of experience in proving negligence and obtaining compensation for truck accident victims and their families. Our attorneys will relentlessly pursue compensation by employing all necessary resources to build a solid claim. Schedule your free and confidential consultation with us today. Call 212-LAWYERS or 212-344-1000 or write to us online.
