Five Facts You Need to Know About Truck Accidents

 There are about 3.5 million truck drivers operating in the United States. When a smaller vehicle collides with a large truck, it is usually the passenger vehicle and its occupants that suffer the more significant injuries and damages. As you drive down any major highway in New York, large trucks and tractor-trailers or big rigs are a fairly common sight.

If you have been injured in a truck accident, there are a number of things that you need to know in order to ensure you receive fair compensation for your losses. Truck drivers and their owners or trucking companies know these facts well and often use them to protect themselves and avoid liability in the event of a devastating crash. Victims who are most affected by these types of accidents would be well served to know this information when they file a personal injury lawsuit. Here are some important things to bear in mind in the aftermath of a truck accident.
Evidence from the scene is critical.
After a truck accident your injuries may prevent you from collecting any type of evidence or information such as the truck driver’s name, commercial license number, the truck’s license plate number, the name of the trucking company or information about their insurance carrier, etc. If you need to get to a hospital or emergency room right away, that should of course be your priority. However, you may wish to ask a friend or family member if they can get to the scene and collect these pieces of critical information for you. If you retain the services of an experienced truck accident lawyer, he or she may also help you gather this type of crucial evidence and information.
Preserving the evidence is also important.
One more reason you should get an experienced truck accident attorney on your side early in the process is because you need the evidence to be preserved right away, before it gets destroyed, lost or misplaced. Critical pieces of evidence in a truck accident may include driver’s logs, which show how long the truck driver has been on the road; vehicle maintenance logs that show if the vehicle needed replacement parts or servicing; and truck driver’s cell phone records that may show if the driver was distracted at the time of the collision. There are many other pieces of evidence that may be critical, which must all be preserved. Your truck accident attorney can send a spoliation letter to the parties involved so all the evidence in your case is carefully preserved.
Truck drivers are held to a higher standard than other drivers.
Truck drivers are operators of commercial vehicles, which automatically means they are held to a higher standard. In addition to being required to follow the rules of the road that apply to all motorists, truck drivers should also follow regulations issued by the Federal Motor Carrier Safety Administration (FMCSA), which impose hours-of-service regulations that require truckers to take adequate rest breaks before getting on the roadway to prevent driver fatigue. Also, truck drivers have a lower limit when it comes to blood alcohol concentrations (BAC). While motorists are prohibited from driving with a BAC of 0.08 percent or higher, that limit for truck drivers is 0.04 percent. Truck drivers who operate with a BAC of 0.04 percent or higher may face a DUI charge.
Trucking companies must have mandatory commercial liability policies.
Most truck companies have a liability insurance policy of $1 million or more depending on the type of commodities they transport. Larger trucking companies or retailers such as Wal-Mart that operate their own trucks tend to have multiple layers of insurance coverage in addition to the base $1 million policy. It is not unusual for trucking companies to have policies totaling more than $5 million. This is because there is the potential for serious or fatal injuries and property damage in truck accidents and safety regulations require adequate insurance coverage.
Truck drivers are trained how to react after a truck accident
Most trucking companies have procedures they require their drivers to follow if they are involved in an injury accident. Drivers know not to give statements that admit fault to the law enforcement or to third parties at the scene. Many also require photographs and intercompany forms to be completed by the driver that bear details such as other parties involved in the crash, a statement of what occurred and any witnesses to the crash. Large truck companies may also send out a quick response team to get as much evidence as possible to decrease their liability issues.
Compensation for Victims
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in an auto accident caused by a negligent 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 over 46 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. 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.
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 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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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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