It is a well-recognized fact that a majority of large truck accidents causing injuries
and/or fatalities involve passenger vehicles. The main problem here is the vulnerability of the people traveling in the smaller vehicles. Trucks tend to weigh 20-30 times as much as passenger vehicles and are taller with greater ground clearance, which means smaller vehicles can become wedged under the trucks, causing major injuries to people in the passenger cars.
Since truck accidents result in catastrophic or even fatal injuries, it becomes all the more important for victims and their families to protect their rights. Trucking companies have large insurance companies and sometimes, a large team of defense attorneys, who spring into action right away to protect the company’s rights. So, if you have suffered injuries in a truck accident, it is vital that you retain the services of an experienced New York truck accident attorney who can fight to protect your rights and best interests.
How Truck Accident Investigations Help
As a truck accident victim, an investigation is crucial because in civil personal injury lawsuits, the burden of proof is on the plaintiff (injured party). This means you have the responsibility to prove negligence on the part of the truck driver, the trucking company or other parties who may have been responsible for your accident and injuries.
Here are five ways in which a comprehensive investigation by your lawyer can help you as the plaintiff (injured party) in a truck accident case:
1. You learn about the facts of the case. Through the investigation, you learn more about who or what caused the truck accident. Our attorneys gather all details and evidence from photos, videos, data from the truck’s electronic recorder, police accident reports and eyewitness statements. An investigation uncovers whether the crash was caused by the driver, negligence (carelessness) on the part of the trucking company or some other party.
2. You are able to preserve crucial evidence. A significant issue after a truck accident is getting access to important evidence such as the truck, the vehicle’s electronic data recorder, the driver’s employment records, his or her cell phone records, documents that detail vehicle maintenance and more. Your truck accident lawyer will notify other parties of your claim and demand that they protect the potential evidence. Without taking these steps, including sending a spoliation letter, there is no guarantee that the trucking company does not alter, destroy or get rid of evidence that is crucial to proving your case.
3. You learn about the truck driver and the company. Your truck accident lawyer will be able to find out a lot by conducting the investigation and examining the evidence. They will be able to look into the trucking company’s history of accidents, hiring and employee retention practices, inspection and maintenance records, regulatory violations, etc.
Your lawyer will be able to find out more information about the different layers of insurance coverage that the trucking company carries. These steps are vital to determining how your case is framed and what your case is worth.
4. You are able to level the playing field. Typically, truck accident victims are at a disadvantage compared to the trucking company or the insurance company. Victims and their families fall behind in the process because they are focused on getting medical treatment and recovering from their injuries and not thinking about compensation. In this time, a trucking company and their insurer may be already investigating the scene, collecting evidence and talking to eyewitnesses. The sooner you hire an experienced lawyer, the more you level the playing field.
5. You can maximize your compensation. Your lawyers will investigate to gather evidence of what caused the crash and who was responsible. Establishing fault in such cases puts you in a strong position to seek maximum compensation for your injuries.
Protecting Your Legal Rights
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 over 49 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.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com