Such evidence may include police reports, examining the truck and other vehicles involved in the accident including the truck’s “black box” or event data recorder that may contain important data. Accident reconstruction specialists may be required in some truck accident cases to conduct a forensic analysis.
Other important pieces of evidence include a truck driver’s activity logs, which show his or her time behind the wheel as well as the number of breaks taken, cell phone records and vehicle maintenance logs. In many cases, a court order may be required to make the trucking company or carrier turn over records or preserve evidence that is crucial to the case, which might otherwise get destroyed or lost.
Here are some of the parties that can be held liable in a truck accident:
The truck driver: The person behind the wheel may have caused the accident because of negligent (careless) behavior such as driving while impaired, speeding, driving while fatigued or distracted driving. These types of negligence (carelessness) can result in criminal charges.
Truck company or carrier: A trucking company is responsible for its drivers and vehicles. This means a company can be held accountable for negligent (careless) hiring and retention of its drivers or not training them properly to do their jobs. When a truck accident occurs because of lack of vehicle maintenance, such as brake failure, the company can be held liable as well.
Shipping and loading companies: When a company overloads a truck or loads it unevenly causing a jackknife accident, that company may be held accountable for the victims’ injuries and losses as well.
Truck manufacturers: If a truck accident was caused by defective vehicle parts or an inherent manufacturing defect or design defect, the manufacturer of the truck and/or truck part can be held liable for the resulting accident, injuries and losses.
Governmental entities: There are some scenarios where a governmental entity may be held liable for a truck accident. For example, if a truck rollover accident is caused by a defective roadway, the governmental agency responsible for maintaining that roadway can be held liable.
Often times, truck accident cases may involve multiple responsible parties. This is one of the reasons why truck accidents are a lot different from car accidents. If a number of parties are involved, you may be able to receive maximum compensation for your losses through multiple claims. It is important that you contact an experienced New York truck accident lawyer as soon as possible to explore all your options.
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 51 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). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. 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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