To recover compensation for your injuries after a truck accident, you must first determine the defendant was negligent. To prove negligence, the plaintiff must establish that the other party owed them a duty of care, they breached that duty and due to their breach, you were injured. Furthermore, the injury suffered must be directly attributable to the negligent action taken by the defendant. Common examples of negligent driving include distracted driving, speeding, road rage, and fatigue.
Due to the dangerous size and nature that trucks pose, their drivers are held to a higher standard of care. Thus, truck drivers are subject to numerous regulations to ensure they operate safely on the roadways. According to the Federal Motor Carrier Safety Administration (FMCSA) Title 49 §390.15, trucking companies must cooperate with these investigations. Such regulations include drug and alcohol testing as well as how many hours they are permitted to work.
After a truck accident, your insurance company will conduct its own investigation. The purpose of this investigation is to determine who was at fault for the accident. However, truck accident victims are at a disadvantage when compared to the insurance provider and truck company. The owner of the truck and their insurance provider will immediately begin investigating after an accident occurred while those injured often are forced to deal with their injuries before they begin collecting evidence. Therefore, it is important for you to conduct your own investigation with the help of an experienced attorney, as these investigations often become complicated when multiple parties are involved in the accident.
The first and most crucial step in any investigation is to collect evidence surrounding the accident. Evidence includes the police reports, statements from the drivers, pictures of the damage to the vehicle, and pictures of the scene. However, an experienced attorney will not rely solely on the police report for information. Police reports are not created to establish a party’s civil liability. Thus, it is essential that you gather your own information regarding the events. In addition, your attorney will examine factors surrounding the accident such as the weather and traffic patterns.
If you were involved in an accident with a commercial truck, it is vital to collect documentation of the truck driver’s personnel file and logbook. Also, your attorney will request the defendant’s driving record. This way your attorney can establish whether the truck driver has a pattern of reckless driving.
Whenever possible, it is very beneficial to collect the names and contact information of any witnesses who observed the accident. Witnesses can provide unbiased testimony of the events surrounding the accident and help confirm your recollection of events. However, it is important to speak with witnesses when the events are fresh in their memory.
Examine the Truck
If you were involved in an accident with a commercial truck, your attorney will want to obtain the truck’s data recorder. The data recorder, also known as the black box, will contain data surrounding the accident. Furthermore, your attorney will assess whether the truck was properly inspected in compliance with federal regulations. If not, this could lend credence to the argument that the accident was caused as a result of a mechanical failure or defective part.
Consult with Experts
In certain cases, your attorney may consult with an expert. There are several different types of experts your attorney may consult depending on the circumstances surrounding your claim. For example, an attorney may call a medical expert to testify that the injuries sustained are a direct result of the accident.
Contact an Experienced Attorney
At TonaLaw, we understand the pain and difficulties our clients go through after they have been injured. Whether your injury is the result of another’s negligence or a workplace injury, we can help you recover medical costs, lost income, and most importantly, peace of mind.
With over twenty years of experience, our office is familiar with the deceitful tactics insurance companies utilize so they can pay you less than you deserve. However, at TonaLaw, our clients know their attorney is working tirelessly to get them the settlement they deserve.
For these reasons, you need a New York personal injury attorney who will ensure you receive compensation for your injuries. For legal services ranging from personal injury and no-fault collections to business litigation, call TonaLaw toll-free today at 1(833) TONALAW or text 1 (631) 780-5355.