Truck accidents are fundamentally different from collisions that involve only passenger vehicles in several notable ways. First, the sheer weight and speed of a commercial truck makes an accident deadlier. A fully loaded 18-wheeler can weigh up to 80,000 pounds, making it capable of causing catastrophic damage in a crash.
Second, multiple parties may be involved and potentially liable such as the truck driver, trucking company, cargo loader, maintenance provider or even the vehicle manufacturer. This complexity demands a more in-depth investigation than a typical car accident. In addition, the trucking industry is regulated at both state and federal levels. Regulations set by the Federal Motor Carrier Safety Administration (FMCSA) govern everything from driver working hours to vehicle maintenance and loading cargo. Violations of these rules often play a key role in determining fault.
Effective investigations rely on gathering and analyzing various forms of evidence. Here are some of the most important pieces:
Identifying the cause of a truck accident is a key focus of any investigation. Some common causes include:
Due to the number of potentially responsible parties, determining liability in truck accidents is more complex than in other types of collisions. Here are a few examples of who might be held liable:
Time is a critical factor in truck accident investigations. Evidence can be lost or destroyed — whether accidentally or intentionally. For instance, black box data can be overwritten if not preserved promptly. Trucking companies may not retain maintenance records or ELD data for long unless legally required to do so.
Hiring a personal injury attorney early on in the process ensures that evidence is preserved through legal means such as by issuing a “spoliation letter,” which formally requests the preservation of all relevant data and documentation. Truck accident lawsuits can be complex and costly to pursue, especially against large corporations with their own legal teams. That is why working with experienced truck accident attorneys is vital as they have the resources and access to expertise that is needed to conduct thorough investigations and build strong cases.
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 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. We 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 $2,000,000 in a hit-and-run accident, 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). <strong>WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you.</strong> We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy 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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