Unfortunately, accidents caused by truck drivers are quite common. There are several reasons why truck drivers may be more accident-prone, including poor sleep, overworking, and the sheer size of their vehicles. In any case, the fact remains that accidents caused by truck drivers happen frequently and can happen to anyone.
What Are Some Regulation Violations That Can Result In Trucking Accidents?
There are many stringent regulations that are technically in place in the trucking industry to prevent accidents. These include maximum weight loads and mandatory weigh-ins, as well as rules about everything from air pressure to how many hours a driver can be on the road before taking a break. These rules, while technically strict, are not always followed, and drivers often face pressure from bosses to bend or break them. This can lead to truck accidents on the road.
An experienced personal injury attorney who deals with truck-related cases will be familiar with these extensive rules and regulations. They will be able to ascertain whether any of those rules were broken surrounding the accident.
What Are The Most Common Severe Injuries Caused By Trucking Accidents?
In our years of experience handling trucking accidents, we have seen many extremely severe, gruesome, and even deadly injuries. We often deal with massive head trauma, sometimes including decapitation. Many years ago, we handled a case where a person got crushed. He had his girlfriend backing up his truck inside an alley and he was standing behind the truck telling her which way to go. She was not an experienced truck driver and lost control of the vehicle, crushing him. We also see a lot of near misses. One case that stands out involved a man who was driving and went over the divider. His car slid under a parked truck. The roof of his car was sheared right off. He came extremely close—within inches—of having his head severed by a piece of machinery under the truck. Instead, he walked away with some pressure fractures.
Often, truck-related accidents don’t even happen while a person is actively driving. Many accidents occur while truck drivers are parking or loading or unloading their cargo. These loading maneuvers often require extremely precise timing and skill, and one wrong move can cause a disaster.
If I Get Injured In A Truck Accident, And The Driver Or The Trucking Company Are Based Outside Of New York, How Does It Impact My Case?
It doesn’t matter where the driver or the company are based. If an accident happens in New York, it is subject to New York law.
What Sort Of Evidence Is Necessary In A Trucking Accident Case?
Once again, we would like to stress how important it is to retain an attorney as soon as possible in an accident case, because time is absolutely of the essence when it comes to collecting information. Once we take a case, our first step is often to hire an investigator, who will ultimately help us determine the negligence of the parties and gather evidence to prove our case. The investigator does the crucial work of documenting the vehicle and other physical evidence, as well as investigating witnesses, the driver, and the company. The sooner the investigator can get started, the better. Often, companies will do anything they can to dispose of a vehicle involved in an accident and any related evidence, and to intimidate or coach the driver or other witnesses out of talking. Hiring an attorney as soon as possible gives you the best chance at a thorough, fruitful investigation.
Who Could Potentially Be Liable For My Injuries In A Trucking Accident Case?
Every case is different, but there are many people who may potentially be liable in a given trucking accident case. Most commonly, the driver and/or the trucking company are held liable, but other parties may also be liable. For instance, if the truck was involved with county business, or the accident occurred in part because of a problem with county roads, the county may be responsible. On the other hand, if the accident occurred on a company’s private property (such as an office building, campus, or parking lot), the company could be liable.
What Steps Should Someone Take If They Have Been Seriously Injured In A Trucking Accident?
Our number one piece of advice is to get medical attention as soon as you possibly can. After an accident, the body is often in shock or in adrenaline overdrive, and it’s difficult to tell the extent of your own injuries. Even if you think you’re totally fine after an accident, you may find that within a few hours, or even within a few days, you feel significantly worse. Often, when people don’t immediately get medical attention, they feel like it’s too late to do so once they start feeling the effects of their injuries. For instance, if you got into an accident on Monday, but you decided to wait out going to the doctor, and the pain kept increasing throughout the week. By Friday, you start to feel serious pain, but you feel like you can’t take off work because no one will believe that the accident you were in days ago just started to hurt today. No matter what you’re feeling, go to the doctor as soon as you can. You need medical attention immediately.
Beyond getting medical attention, we suggest calling an attorney as soon as possible. Often, police arrive at the scene of an accident and take statements. Our ideal, best case scenario is to contact an attorney before you give a statement to the police. However, sometimes clients have no choice but to give statements before they can reach an attorney. In that case, try to be brief and make sure to let your attorneys know exactly what you said in your statement.
Can A Family Member Or A Loved One Retain Your Services On Behalf Of Someone Injured In A Trucking Accident?
A family member can initially retain our services on behalf of a loved one. However, if the potential client has the capacity to consent, they ultimately have the final say when it comes to whether to hire us.
For more information on Trucking Accident Injury Claims In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 467-0700 today.
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