Accidents involving large trucks have the potential to cause fatal injuries. If you have lost a loved one in a truck accident, it is important to understand that you have rights. Truck accident cases often tend to be much more complex and intimidating because of the number of parties involved and the volume of evidence that needs to be compiled.
While each truck accident case is different, you need an experienced New York truck accident lawyer who can help protect your rights and secure maximum compensation for all of your losses. According to the Insurance Institute of Highway Safety, 3,986 people died in large truck crashes in 2016. About 17 percent of these deaths were truck occupants, 66 percent were occupants of cars and other passenger vehicles, and 16 percent were pedestrians, bicyclists or motorcyclists.
What is Wrongful Death?
A wrongful death lawsuit is a civil lawsuit, which typically stems from an incident when an individual has lost his or her life due to someone else’s negligence or wrongdoing. In the context of a truck accident, a wrongful death lawsuit may have its basis in a large truck crash where, for example, the truck driver was impaired, distracted, drowsy or otherwise negligent. In other words, if the accident could have been avoided but for the truck driver, trucking company or some other party’s negligence or wrongdoing, then the victim’s family will have a valid wrongful death lawsuit.
Wrongful death cases are typically brought forth by immediate family members or survivors of the decedent. Examples of individuals who may be eligible to file a wrongful death lawsuit include, but are not limited to, the decedent’s surviving spouse, children (minor or grown), parents, siblings, an individual who was financially dependent on the decedent, etc.
How Insurance Works
Under the law, trucking companies are required to carry substantial insurance policies. This is why you’ll find that insurance carriers fight hard on behalf of the trucking company to help avoid a payout or at the very least, minimize the payout. Most trucking companies have $1 million policy limits if not several million dollars. So, their insurance carrier will go the extra mile to defend their policy. This is particularly true in fatal truck accident cases.
So, you need an experienced truck accident lawyer who will fight to protect your best interests here. Your lawyer will also be able to explore different types of compensation and other insurance policies trucking companies might have in order to maximize the compensation you can receive.
Evidence in Truck Accident Cases
While evidence is crucial in all personal injury and wrongful death cases, in a truck accident case, it may make a significant difference. Pieces of critical evidence in a truck accident case include truck driver logs (paper and electronic), the driver’s cell phone records, the vehicle’s maintenance records, the trucking company’s violation records, etc.
A lot of this evidence may get destroyed or misplaced, which is why it is important that your lawyer sends out a spoliation letter to the parties involved in order to ensure that all evidence is preserved and protected. Another important piece of evidence is the truck’s event data recorder or “black box,” which might have vital information such as vehicle speed and whether the truck driver attempted to brake before the crash. If the driver did not even try to brake, it may be used as evidence to show that the truck driver was negligent, possibly asleep at the wheel, etc.
Filing a Truck Accident Lawsuit
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 47 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.
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