New York City Personal Injury Law Blog
Truck Accident Related Personal Injury Claims: How are they Unique?
Injuries caused by truck accidents appear very similar to injuries caused by car accidents involving the same four decisive factors in personal injury cases—negligence, fault, injury, and damage—but truck accident related injury claims are governed by numerous extra federal and state laws.
If you must file a personal injury lawsuit against a truck driver or trucking company in New York state, then make sure you select a personal injury attorney who has considerable expertise and experience in handling personal injury claims related to truck accidents.
Legal procedure for truck accident claim’s settlements
Truck accident related personal injury claims generally involve many of the same issues that car accident related claims involve in New York. The negligent party has to be identified and the circumstances of the accident have to be proved through evidences and eye-witness testimonies before claim settlements with the trucker’s insurance company can be discussed.
Here are some ways attorneys can gather evidence to prove the negligent driving of a truck driver:
- Truck drivers are required by NY law to stop and rest at legally mandated intervals. If the plaintiff can prove though the driving log book, driver testimony, or witness testimony that a driver did not get adequate rest and was tired at the time of the accident, then the truck driver is liable.
- Trucks have to be regularly maintained to be legally permitted to operate safely in NY. The maintenance logs can prove that the truck was not maintained and hence was unsafe to operate.
- If the truck driver was under the influence of drugs or alcohol when the accident happened, he or she will be held liable for substance abuse and DUI as per New York State laws.
- Truck companies are legally required to recruit safe and cautious drivers with clean driving records. If a trucking company hires a driver without adequate background and driving history checks, the company can be held liable.
- The black-box like equipment fitted in new trucks may be used as evidence to prove negligent driving on the part of the driver.
- If a truck driver is caught guilty of using a cell phone when the accident happened, that evidence can be collected from the driver’s cell phone records.
Commercial truck accidents related personal injury claims
As many federal and state laws govern the truck driving, individual drivers usually have very high insurance coverage against possible collision. But it is helpful to understand that a defendant in a personal injury case will only settle for an amount that his or her insurance company permits (the policy limit). Many times, due to the high value of settlements, the insurance companies have to bail out truck drivers or trucking companies in commercial truck related personal injury claims.
If your car was hit by a truck or semi-truck, contact the highly proficient personal injury and truck accident law firm in New York—Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.
We have won millions of dollars for past clients – you can be on this golden list if you give us a call. Let us see if you have a viable case.