Getting injured in a truck accident is a life-altering event and one that may result in devastating pain and suffering, emotional trauma, and financial losses. You may be looking at a long road to recovery ahead of you. Truck accident claims are usually much more complicated than regular auto accident cases. This makes it important to hire a seasoned Bronx truck accident lawyer.
Here are a few important reasons to hire a Bronx truck accident lawyer immediately after your accident. This is someone who has been down the legal corridors before and can smell the heat coming from around the corner.
Truck Accidents Can Result in Catastrophic Damage
An average semi-trailer weighs up to 80,000 pounds when fully loaded. The result of a commercial truck colliding with a much smaller passenger vehicle can be disastrous for the occupants of the vehicle. Semi-trailers also have a longer stopping distance as compared to smaller cars. They don’t maneuver well, which can make accidents highly likely on congested highways.
Truck accident claims have higher stakes as compared to most car accidents because trucks can result in more serious and catastrophic injuries. They also tend to generate more financial damages. A robust Bronx trucking accidents lawyer can play a pivotal role in helping you navigate the process.
Multiple Parties Can be at Fault
You have the right to recover compensation and financial damages from the at-fault parties after getting injured in a trucking accident. Pertaining to this, to recover damages, you will need to prove the following:
- The defendant owed a duty of care towards you
- The defendant breached the duty of care
- The breach caused you injury and damages
This liability often goes beyond the at-fault driver. A lawsuit becomes more complex when there are several potential parties involved. You may require the skills of a dedicated Bronx truck accidents lawyer to identify all at-fault parties and prove negligence.
Your truck accident attorney will investigate the crash to determine fault. They may also have accident reconstructionists on their team to provide expert testimonials regarding the cause of the accident and fault. These are a few potential parties that can be held liable for paying compensation to the injured victim in a truck accident:
Truck drivers have a legal obligation to keep a record of duty and logbook containing their work hours, sleep schedule, and other activities. This is to avoid liability in the event of an accident. Moreover, most truck drivers fail to comply with federal regulations resulting in an accident.
Truck driver employers
In certain cases, the employers of truck drivers can be held liable for their negligence. This is if the employer failed to comply with the safety and maintenance laws in place for trucking companies. Trucking companies have been known to tamper with the truck driver’s Records of Duty and driver’s logbooks. Accidents occur because drivers are sleep deprived and fatigued.
Trucking companies that lease their trucks to independent contractors are required to ensure the drivers comply with minimum working hours law. The trucking business is responsible for ensuring the trucks are properly maintained. A failure to do so can place negligence squarely on their shoulders. An experienced semi truck accident lawyer Bronx may be able to find sufficient evidence to hold them liable for compensation through a personal injury claim.
Trucking industry contractors
Independent contractors are known to lease trucks from trucking companies. These cargo contractors are responsible for ensuring the safety of the cargo. If they fail in their duty to properly place cargo, they can be held liable if the cargo spills and causes truck accidents.
Truck manufacturers can be held liable for an accident if it occurred because of a manufacturing defect or faulty part. A seasoned trucking accident lawyer Bronx will help you recover maximum compensation by holding the truck manufacturer liable.
In some cases, government agencies make legislations that are not conducive to public safety. These agencies can be held liable if a truck accident occurs because of complying with a legislative defect. These are highly complicated claims and require a skilled truck accident lawyer Bronx.
Your truck accident attorney Bronx will try and identify all parties that are liable for your accident. A third party will be added as a defendant to the claim and made liable for paying compensation to you.
Identifying and Calculating Damages Can Be Difficult
Damages are usually straightforward where car accidents are concerned. You may only need to recover the cost of your medical expense and repair to the vehicle. In relation to this, big rigs and semi-trailers cause extensive damage. Most of the damage is not readily apparent.
For instance, in case of life-changing injuries, you may never achieve full recovery even after obtaining maximum medical improvement. You may also face significant costs related to physical therapy and rehabilitation for extended periods of time. You may not be able to resume work. Your attorney will try and obtain compensation for both lost wages and lost earning capacity.
You should consult a Bronx truck accident attorney with enough experience to investigate and develop the evidence you require for acquiring full compensation for your losses.
Extensive Rules and Regulations in the Trucking Industry
The trucking industry is heavily regulated with federal rules in place for sleep apnea testing and hours-of-service regulations. The US Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) have strict rules and regulations that all truckers need to follow.
Typically, negligence and an FMCSA or DOT regulation violation usually occur together. For instance, the truck driver may have used illegal drugs while driving or violated the FMCSA’s hours-of-service regulation, which contributed to the truck accident.
Excellent and reliable Bronx truck accident lawyers have a deep insight to these regulations and typical causes of truck accidents. Your attorney will use their working knowledge to identify all avenues of a potential claim.
Truck Insurance Claims are More Complex
Trucking insurance can be as complicated as federal regulations. Even where liability is clear, a trucking company’s insurance provider has vested interest to deny a claim or settle it as cheaply as possible. The trucking company may drag out a claim for years and make lowball offers to improve their bottom line.
You need a qualified Bronx truck accidents lawyer with the right skills and resources to fight back against the truck contractors and their well-funded insurance providers.
Types of Evidence the Truck Accident Lawyer will Collect
Finding enough evidence for establishing liability in a truck accident claim can be essential to making a financial recovery. A capable truck accident attorney Bronx will try and gather the following:
- Police report: This usually serves as an initial indicator of the accident. The report may contain pertinent information regarding the events leading up to the accident, witness information, and whether the truck driver bears liability.
- Driving record of the truck driver: Many truck drivers have a history of getting into minor collisions or not exercising adequate caution. These can be used by a semi truck accident lawyer Bronx to establish liability.
- Policies and records of the trucking company: Trucking companies can be held liable if they violate their duty of care, which eventually results in an accident
- Trucker’s records: Truckers are required to keep extensive records regarding their driving and sleep schedule. They may also have cargo records that can prove to be invaluable if the accident was a result of shifting load.
- Black box: Most big trucks have electronic data recorders or black boxes that store information regarding the truck’s speed and whether brakes were applied by the driver. These data recorders also capture information on whether the driver was engaging in any reckless driving behavior, such as swerving and others.
Negotiating with the Defendant’s Insurance Company for Maximum Settlement
In most cases, insurance providers respond to truck injury claims with a really cheap settlement offer. This will probably not come close to paying for your damages. Your attorney will take the necessary steps to negotiate a fair settlement offer with the insurance company. Statistics show that insurance companies are more likely to agree to a settlement if an experienced law firm is handling the case.
Insurance companies tend to take claims seriously when backed by a powerful legal professional. They realize that the claimant is not afraid to take things to court and fight for the compensation they deserve. Insurance providers readily make fair settlement offers when faced with a strong claim backed by an attorney to avoid dealing with a lawsuit.
You don’t need to speak with the responsible party’s insurance company if you have a Bronx trucking accidents lawyer on your side. You should direct all communication to the truck accident attorney instead of engaging with the insurance company directly. The insurance company may trap you into giving a recorded statement or signing something that reduces your compensation.
Choose the Leading Bronx, NY Truck Accident Lawyers with a Record of Large Settlements and Verdicts
If you or someone you love has been injured in a truck accident because of the negligent actions of another, the seasoned and tenacious truck accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can prepare a solid claim to obtain maximum compensation on your behalf. Our attorneys are well-respected by their peers and are known to be formidable negotiators by insurance companies. To request your free, no-obligations consultation, call us at 212-344-1000 or complete this online form.