Truck accidents have the potential to result in catastrophic or even fatal injuries. A majority of these accidents result in serious injuries to occupants of other vehicles. Victims of truck accidents endure not just physical pain and emotional trauma, but also financial stress because of medical expenses and other unforeseen costs in the aftermath of a crash. In such situations, it is important to seek the counsel of an experienced New York truck accident lawyer who can help you recover compensation from all negligent (careless) parties.
Truck Accidents and Negligence (Carelessness)
There are a number of ways in which a truck driver or trucking company could act negligently. It is important to thoroughly investigate the circumstances of the truck accident in order to prove negligence (carelessness). In some cases, multiple parties can be held liable for your injuries.
Here are five most common ways in which negligence can play a part in a truck accident:
1. Driving Under the Influence.
Driving under the influence is not only illegal, but it also dangerous, particularly when the driver is operating an 80,000-pound vehicle. Unfortunately, we do see a number of cases where truck drivers operate big rigs while under the influence of alcohol, recreational drugs or even prescription drugs.
This causes significant impairment and affects their ability to operate their vehicle safely. Truck drivers can be held liable for causing a crash while operating under the influence. Additionally, their employers can be held liable if they failed to monitor their employees or failed to do their due diligence during the hiring and retention process.
2. Driving While Fatigued
Truck drivers and trucking companies are required to adhere to the federal Hours of Service Rules, which set forth regulations with regard to breaks in driving schedules for truck drivers. These rules exist in order to prevent fatigued driving. Drivers are required to maintain electronic logs to keep track of their driving hours. However, it is common for truck drivers and trucking companies to violate these laws in favor of meeting deadlines and maintaining profits. Your truck accident lawyer can examine key pieces of evidence such as logbooks as well as toll tickets, fuel receipts and scale tickets in order to determine if a violation has occurred.
3. Distracted Driving
Distracted driving has become a serious issue for all drivers, particularly for truck drivers who drive long distances. While texting and driving is extremely dangerous, there are also other behaviors that can be extremely distracting including browsing the Internet on your phone, using a GPS device to get directions, eating and drinking, watching movies or other programming, grooming or using a radio to communicate with other truck drivers. If a truck driver engages in such behaviors and it leads to an accident, he or she may be held liable for your injuries. Again, your truck accident lawyer can examine evidence such as cell phone records, etc. to see if the driver was engaged in distracting/careless activity at the time of the crash.
4. Reckless Driving
When truck drivers act recklessly or violate the rules of the road, the consequences can be devastating. Examples of reckless actions include speeding, making unsafe lane changes, tailgating, failing to yield the right of way, making unsafe or illegal turns, driving too fast for weather or roadway conditions and running stop signs or red lights.
5. Poor Vehicle Maintenance
Trucking companies have a duty and responsibility to make sure their vehicles are in good condition and ready for the road. They are required to have their trucks routinely serviced so that defective, malfunctioning or worn-out parts are identified and replaced. For example, if a truck accident is caused by defective brakes or faulty tires that weren’t properly maintained, the trucking company can be held liable.
Contacting an Experienced Lawyer
Victims who have been injured in truck accidents may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased accident victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For 50 years, our skilled accident attorneys have established a proven track record of helping injured victims. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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