Trucks are a type of vehicle that will always be found on the road. They are straightforward to find since they are vital to our modern society. To transport goods and provide services all over the nation. Over 13 million trucks are registered in the United States.
Despite being good drivers who obey traffic rules, accidents can still happen. When a big truck is involved, the consequences can be very severe.
If you were involved in a Westchester truck accident and got severe injuries, you must know that you may be entitled to pursue rightful compensation for your losses. You may be dealing with several issues at the same time. Therefore, The Ward Law Group can provide you with high-level representation.
If you need a lawyer for a truck accident, The Ward Law Group is here to help.
Causes of Truck Accidents in Westchester
Truck accidents occur because of various factors, each with risks and consequences. Understanding the common causes is crucial in determining liability and seeking appropriate compensation. Here are some prevalent factors that contribute to truck accidents:
Driver Fatigue:
Driver fatigue is a leading cause of truck accidents. Long hours on the road without adequate rest breaks can lead to drowsiness and decreased alertness.
Laws limit how long truck drivers can drive and require them to take breaks, but sometimes people ignore these rules. For example, a tired driver may fail to react quickly, leading to a collision.
Speeding:
Excessive speed is another significant factor in truck accidents. Because of their size and weight, trucks require more time and distance to come to a stop. When a truck is speeding, the likelihood of a collision increases, especially in situations that require sudden braking.
For instance, a speeding truck may struggle to stop in time at a red light, leading to a rear-end collision.
Equipment Failure:
Malfunctions or failures in a truck's mechanical components can lead to accidents. This includes issues with brakes, tires, steering systems, and other critical parts.
Lack of proper maintenance or defective equipment can exacerbate these risks. For example, if a truck's brakes fail while descending a steep incline, it can result in a catastrophic accident.
Distracted Driving:
Distractions, such as cell phone use, eating, or fiddling with GPS devices, can divert a truck driver's attention from the road. Inattention, even for a few seconds, can lead to losing control or failure to react promptly.
For instance, a distracted driver may fail to notice a slowing traffic ahead, leading to a rear-end collision.
Impaired Driving:
Driving under the influence of alcohol, drugs, or certain medications can impair a truck driver's judgment, reflexes, and control.
This significantly increases the risk of accidents. An impaired driver might make a mistake while turning or not see another car merging, causing a crash.
Adverse Weather Conditions:
Climate-related elements such as rain, snowfall, mist, or frost can lead to dangerous conditions for truck driving. Lowered visibility, slick surfaces, and diminished grip heighten the risk of mishaps.
In such situations, drivers should adjust their speed and exercise extra caution, but failure to do so can lead to accidents.
Improper Loading or Overloading:
Improperly loaded cargo or overloading a truck can cause imbalance and instability, especially when turning or making sudden moves.
This can result in rollovers or jackknifes. For instance, if a truck is overloaded and attempts a sharp turn, it may tip over due to the excessive weight.
Importance of Legal Representation in Truck Accident Cases
A truck accident can change your life, causing serious injuries, property damage, and emotional distress. After a serious accident, consulting with a skilled truck accident attorney is crucial.
A Westchester truck accident lawyer from The Ward Law Group possesses specialized knowledge and expertise in handling cases involving commercial trucks. They understand the unique complexities and intricacies of trucking regulations, which can significantly impact the outcome of an issue.
Truck accidents often involve multiple parties, including the truck driver, the trucking company, maintenance providers, and potentially others. A seasoned truck accident attorney has the experience to investigate the accident and accurately and thoroughly determine liability. This is vital in ensuring all responsible parties are accountable for their actions.
This specialized knowledge allows them to build a robust, evidence-based truck accident claim for the victim.
Dealing with Insurance Companies
Insurance companies representing the trucking industry are known for employing aggressive tactics to minimize payouts. A skilled Westchester truck accident lawyer on your side levels the playing field.
They can negotiate with the insurance companies, advocating for fair compensation encompassing medical expenses, lost wages, property damage, and other damages.
Prompt action is crucial in preserving critical evidence related to the accident. A lawyer understands what evidence is essential and how to gather and keep it effectively.
This includes obtaining accident reports, interviewing witnesses, examining the scene, and, if necessary, consulting with accident reconstruction experts. Building a solid case is fundamental in securing a favorable outcome.
Maximizing Compensation
An experienced truck accident attorney in Westchester understands the full scope of damages that a victim may be entitled to.
This covers medical bills, property damage, and long-term expenses like rehab, continued medical treatment, and potential loss of income. They work tirelessly to ensure that victims receive the maximum compensation they deserve.
Providing Peace of Mind
Navigating the legal aftermath of a truck accident can be overwhelming and emotionally draining. Having a trusted lawyer by your side provides peace of mind, knowing that a seasoned professional is fighting for your rights and best interests. This allows victims to focus on their recovery and move forward with their lives.
DIFFERENCE BETWEEN TRUCK AND CAR ACCIDENTS
Commercial freight trucks, known as "big rigs," are weighty, like 80,000 pounds or more – twenty times heavier than regular cars. Truck drivers shouldn't drive for over ten hours a day, but they often get bonuses for driving long distances fast. This can be risky for other drivers.
Here are some things you should know about accidents involving big trucks:
- Bigger Insurance Policies: Truck drivers' insurance can be up to fifty times more expensive than car accident policies. This means much money is involved, and insurance companies will try hard to prove they're not at fault. Having a good lawyer can make things less stressful.
- Big trucks cause more property damage because they are larger and heavier than regular cars. This increases the likelihood of damage during a crash.
- Truck accidents can cause serious harm, such as whiplash, broken bones, and brain injuries. Recovering from these injuries can take a long time and cost a lot of money.
- Truck accidents often result in longer hospital stays and higher medical bills than regular car crashes. People hurt in truck accidents might not be able to work for a long time, if at all. A good lawyer can help determine how much money you need for medical bills and other expenses.
- Greater Chance of Death: Truck accidents are more likely to result in death compared to crashes between regular cars. Every year, thousands of people die in truck accidents. Truck accidents are complex, and trucking companies have a lot of influence. Consult a lawyer for a free case evaluation before making any decisions.
Liability and Legal Process in Westchester Truck Accidents
Because of the complexity of these cases, determining who is at fault requires a thorough investigation.
The process begins with a comprehensive investigation. This involves gathering evidence from the accident scene, such as skid marks, debris, and vehicle positions.
Additionally, witness statements and any available surveillance footage can be crucial. An experienced Lawyer for a truck accident in Westchester, NY, will also work to obtain essential documents, including police reports, driver logs, and maintenance records.
Then, it’s required to identify the negligent party. Liability in a truck crash can extend beyond just the driver. Trucking companies, maintenance providers, and manufacturers could face responsibility.
These parties could be deemed liable if a maintenance issue or equipment failure contributed to the accident. A lawyer will carefully scrutinize all potentially negligent parties to ensure they do not overlook any responsible party.
To establish liability, it must be shown that the negligent party breached a duty of care owed to others on the road.
Perceiving negligence is possible if the truck driver violates traffic laws, drives for excessive periods, or neglects vehicle maintenance. The cause of the accident must be directly linked to this breach of duty.
It's not enough to demonstrate negligence; causation must also be established. This means proving that the negligent actions caused the accident and subsequent injuries. This often involves expert analysis, especially in complex accidents or disputed liability cases.
Once liability is established, the legal process moves forward. Typically, this involves negotiating with insurance companies to reach a fair settlement. If a suitable agreement cannot be reached, a lawsuit may be filed.
The discovery process, which includes gathering evidence and deposing witnesses, follows. From there, the case may proceed to trial, where a judge or jury will determine the outcome.
In successful cases, victims may be entitled to various forms of compensation. This can include medical expenses, lost wages, property damage, pain and suffering, and sometimes punitive damages. A skilled Westchester truck accident lawyer will fight diligently to secure the maximum compensation available to the victim.
Many truck accident cases are resolved through settlement negotiations. This can save time and emotional strain, allowing victims to receive compensation more quickly.
Westchester Traffic Laws About Truck Accidents
Commercial Driver's License (CDL) Requirements
In New York, commercial truck drivers must obtain a Commercial Driver's License (CDL) to operate large vehicles. This involves passing written and skills tests to ensure drivers are knowledgeable and capable of handling commercial vehicles safely.
If a truck driver in an accident lacks a valid CDL, it can impact their credibility and potentially establish negligence.
Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations regarding the hours a commercial driver can operate a vehicle without mandatory rest breaks. Violating these "Hours of Service" rules can lead to driver fatigue, a common cause of truck accidents. Evidence of hours-of-service violations can play a significant role in establishing liability.
Vehicle Inspection and Maintenance
Trucking companies are responsible for ensuring their vehicles are properly maintained and safe for operation. Regular inspections and maintenance are required to identify and rectify any potential issues. Ignoring these responsibilities can cause mechanical issues like brake or tire problems, leading to accidents. Failure to maintain a truck could establish liability for the trucking company.
Weight Limits and Load Securement
New York has specific regulations governing the weight and securement of cargo on commercial vehicles. Overloaded or improperly loaded trucks can become unstable, increasing the risk of accidents. If an accident is caused by wrongly secured or hefty cargo, it may be grounds for liability against those responsible for loading and ensuring the shipment.
Right of Way and Traffic Signals
Understanding the rules of right of way and obeying traffic signals are fundamental aspects of safe driving. Failure to yield the right of way or running red lights can lead to devastating accidents. In a truck accident, proof that a driver did not follow these rules can be important in proving responsibility.
Drug and Alcohol Testing
Both federal and state laws require regular drug and alcohol testing for commercial truck drivers. Positive test results or not following testing rules can show carelessness by the driver, possibly causing legal responsibility.
Insurance Requirements
New York law mandates specific insurance coverage for commercial vehicles, ensuring that victims of accidents have access to compensation. The minimum insurance requirements for trucks in New York are higher than those for regular passenger vehicles. This provides adequate resources to cover damages in the event of an accident.
Contact a Westchester Truck Accident Lawyer
We understand how stressful these situations can be. We want to offer you our complete commitment to your case and bring you and your family peace of mind.
We'll guide you through the process so you understand what's happening and know we'll work hard to achieve good outcomes. We are known for our success and have won large client settlements.
We proudly serve the Hispanic community to be heard and advocate for their rights. You are not alone; you can count on us. Call us for a free consultation of your case at 855-DOLOR-55.