Truck Accidents
Our truck accident lawyers in NYC have been defending the rights of victims for over 60 years. Individuals who have been involved in a truck accident can suffer major injuries that will affect them for the rest of their lives. Due to the massive size of semis and 18 wheelers, truck accidents often inflict catastrophic injuries on the individuals involved. Many of the injuries inflicted in truck accidents can result in death. Catastrophic injuries suffered in a truck accident may force victims and their families to face significant financial strain, often due to lost wages or costly medical bills.
As a result, truck accident victims and their families may be entitled to compensation for any damages they suffered. At Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP, our NYC truck accident lawyers understand the emotional, physical and financial pain that a truck accident can inflict on victims and their families. We'll do everything in our power to expedite the legal process and get our clients the compensation they may deserve.
What Constitutes Grounds For A Truck Accident Lawsuit?
In order to have a valid lawsuit, individuals who have been involved in a truck accident must be able to prove that the driver, company or manufacturer acted negligently. Negligence in and of itself, however, is not grounds for a lawsuit. The following criteria must be met in order to have a valid claim:
A Duty Of Care Existed: In order to prove that the truck driver, company or manufacturer acted negligently, a duty of care to the victim must have existed. A duty of care is a legal obligation that 1 party has to act in a certain way while performing activities that have the potential to cause harm. For instance, truck drivers have a duty of care to others on the road to obey all traffic laws.
The Duty Of Care Was Breached: The driver, the company that the driver represents and the manufacturer become negligent when they breach their duty of care. A truck driver's failure to comply with traffic laws, such as driving under the influence of alcohol or drugs, would constitute a breach of duty.
The Responsible Party's Negligence Caused The Injury: While negligence must have been present to prove liability, it does not in and of itself constitute grounds for a lawsuit. The victim must be able to prove that the responsible party's negligence was the direct cause of the injury. For example, should a truck driver get into an accident while speeding, excess speed as a basis for liability can only be found if the failure to adhere to the speed limit caused the accident.
The Victim Suffered Damages: In addition to proving negligence was the cause of the accident, the victim must have suffered either economic or non-economic damages to have grounds for a lawsuit. Economic damages are any financial strain placed on the victim as a result of the accident. Non-economic damages are any pain and suffering the victim's injuries forced them to endure.
Our truck accident lawyers in NYC can help victims bring forth a lawsuit if an injury occurred due to any of the following:
- Speeding
- Driving under the influence of alcohol or drugs
- The truck driver lacked training
- Reckless driving
- Illegally changing lanes
- The truck driver exceeded the maximum amount of consecutive hours on the road
- The truck had a manufacturing error
- Road defects
How Do Lawyers Prove Liability In Truck Accident Cases?
Proving liability or fault of a driver in a truck accident is similar to proving fault in other vehicular accidents. The goal, as a representative of the victim of such an accident, is to prove negligence. Negligence is the failure to use the care that a reasonably prudent person would use under the same or similar circumstances. An example of failure to use reasonable care in a truck or tractor-trailer accident is a failure to be attentive; such behavior might include running a stop sign, stop light or other traffic control device, making an imprudent lane change or failing to stop in time and thus striking a vehicle in the rear. Other examples of negligence may involve driving the truck/tractor-trailer at an excessive speed.
What Are Some Common Examples Of Negligence In Truck Accident Cases?
In addition to these potential claims of negligent behavior that typically apply to most vehicular accidents, truck accident cases often involve more specific allegations of negligence that are unique to these types of cases. Common examples of negligence in truck accident cases include but are not limited to:
- Inadequate License Or Training: Truck drivers are required by law to have specific licenses to operate such commercial vehicles. Such drivers are expected to have certain training in such operations and should be investigated by the victim's representation so that it can be determined if there was negligence in the training of the driver. Trucking companies are not supposed to allow drivers to drive without that training or drive vehicles for which they lack the proper training. Unfortunately, this is not always the case. Companies have allowed drivers to drive large and dangerous vehicles with inadequate training. Companies that do this pose a risk to everyone on the road.
- The Truck Driver Worked Hours That Exceeded The Legal Limit: Drivers of such vehicles often work long hours with little sleep. Thus, it is not uncommon for a catastrophic accident and injury to occur because the driver was drowsy or even fell asleep. There are legal limits that dictate the number of consecutive hours a truck driver can go without resting; if these limits are exceeded and an incident occurs, our truck accident lawyers in NYC may be able to help victims bring forth a claim against the responsible party.
- The Truck Driver Was Recklessly Speeding: If a truck accident is caused by reckless speeding, then you may be entitled to compensation. All commercial driver’s license (CDL) holders must report moving violation convictions to their employers within 30 days of being ticketed. Any traffic violation conviction affects a driver’s CDL, whether or not it happened on-the-job. We will investigate the cause of your accident. This investigation will often include looking into the truck driver’s commercial and personal driving records, reviewing driver logs for mile and hour violations and looking at other speeding or reckless driving convictions.
- The Truck Driver Was Under The Influence Of Alcohol Or Drugs: Unfortunately, it is not uncommon that drugs may be involved, as our experience has shown that such drivers making long trips across state lines sometimes have taken a substance that may affect their ability to drive attentively. If the driver was under the influence of alcohol or drugs, the trucking company can be held liable for the accident.
Along with the differences that often exist regarding the way truck accidents are caused, there are also unique rules and regulations that an experienced truck and commercial vehicle accident attorney should be familiar with in order to adequately represent your interests. There are Federal motor vehicle standards that apply to the operation of commercial vehicles, such as trucks and buses. The rules may even apply to a vehicle that is disabled on the roadway. For instance, our NYC truck accident lawyers have had multiple clients who were severely injured after a disabled commercial vehicle failed to properly erect warning lights and/or cones at appropriate distances to warn oncoming traffic that the disabled commercial vehicle was in the roadway.
The federal regulations and guidelines that govern such matters, and compliance with same, can be the difference between life and death in an unlit roadway. This is just one of many examples of the nuances that may exist in accidents involving large trucks and commercial vehicles. Other unique considerations in such accidents involve procedures for driver discipline, as well as differences in reports that may be required to be filed with public safety agencies. Additionally, the internal procedures of the trucking or other company must be looked into in order to gain full knowledge of not only all of the facts and circumstances that may have been reported for your accident, but also to obtain the history of the driver and his or her training. All of these issues may be critical in the discovery process for your case. It is extremely difficult to obtain information if you do not have the experience to know what documents exist and/or are accessible.