Anyone who has witnessed the aftermath of a truck accident on a roadway or even on a television screen knows that it can be absolutely devastating. Truck accidents often result in catastrophic injuries or fatalities. If you have been injured in an accident involving a large truck, it is highly likely that you are looking at mounting medical expenses, inability to work or earn an income for an extended period of time and other costs related to continuing medical treatment and rehabilitative care. Handling the physical, emotional and financial challenges in such a scenario may be a daunting challenge.
Here are some of the most important questions to ask if you’ve been injured in a New York truck accident:
What should I do soon after a truck accident?
Immediately after a truck accident, it is likely that police will arrive at the scene. Police officers will typically take statements from the parties involved, examine evidence, talk to witnesses at the scene and write down observations. The investigating officer will then compile all this information into a report. It is important that you obtain a copy of this report for your records. Your New York truck accident lawyer can also help you get a copy of this police report, which is usually filed a few days after the incident.
It is also crucial that you collect as much evidence as possible from the scene. This includes name and license number for the truck driver, name of the trucking firm, their insurance details, photos and video from the scene and contact information for anyone who might have witnessed the crash. If you have been injured and need to get to a hospital right away, ask a family member or friend if they can gather this information for you.
How important is preserving evidence after a truck accident?
Preserving evidence in the aftermath of a truck accident is critical and may make or break your case. Pieces of evidence such as truck driver logs (whether present as paper records or in an electronic format), truck driver cell phone records, the truck’s maintenance logs and the truck’s event data recorder (black box) can all hold valuable information in your case. For example, truck driver logs can help prove that the driver didn’t get sufficient rest and caused the accident because he was fatigued. The Federal Motor Carrier Safety Administration’s (FMCSA) Hours-of-Service regulations limit the number of hours truck drivers can work without a break.
Cell phone records may help prove that a driver was distracted and if he or she was on a call or texting at the time of the crash. A black box may show the vehicle’s speed at the time of the accident and also whether the driver attempted to apply the brakes prior to the collision. Your truck accident lawyer will send a spoliation letter to the defendant, which will essentially require them to preserve the evidence and prevent such valuable information from getting lost or destroyed.
Do I need a truck accident attorney?
There is absolutely no question that having an experienced and knowledgeable truck accident lawyer on your side will be extremely advantageous. Large truck companies have lawyers and insurance companies working for them, who rush to protect their interests. You need someone on your side to match those resources, who understands federal trucking evidence as well as how to preserve crucial evidence in your case.
What damages can I seek after a truck accident?
Injured victims of truck accidents can 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 victims can also seek compensation by filing what is known as a wrongful death lawsuit.
Contacting a New York Truck Accident Lawyer
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 49 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 and 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
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