truck accident investigation

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. 

Collect Evidence

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. 

Examine Records

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. 

Interview Witnesses

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. 

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Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
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The TonaLaw team is full of wonderful and hardworking people. I have personally worked with Juliet and she is excellent. You can tell she truly cares about the work she is doing. Highly recommend.
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I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
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I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
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21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
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Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
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19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
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Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
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They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
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Would highly recommend if anyone is seeking any legal advice!