Why Do I Need a Truck Accident Lawyer?
If a commercial truck injured you or a loved one, you may wonder if you need to hire an experienced truck accident lawyer.
Truck accident cases are often much more complex than typical car accident claims, so it is generally advisable to hire an experienced truck accident attorney for several reasons.
1. Truck Accidents Often Result in Severe Injuries
One of the primary reasons to hire a truck accident lawyer is the severity of injuries that frequently occur in these types of crashes. Commercial trucks like tractor-trailers and 18-wheelers are many times larger and heavier than passenger vehicles.
When a massive truck collides with a car, the occupants of the smaller vehicle are at risk of suffering catastrophic or even fatal injuries.
Some common injuries in truck accidents include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Crush injuries and amputations
- Broken bones and fractures
- Burns and disfiguring lacerations
- Internal organ damage
- Neck and back injuries
- Soft tissue damage
The medical treatment required for these types of serious injuries can be extensive and costly. Victims may need emergency care, surgeries, hospitalizations, rehabilitation, medical equipment, medications, and ongoing care. The medical bills can quickly add up to hundreds of thousands or even millions of dollars.
Additionally, severe injuries can have a long-term or permanent impact on a person's life. A victim may be unable to work and lose income. Their injuries may affect their ability to live independently, enjoy hobbies, or have the same quality of life they had before. Some catastrophic injuries require a lifetime of care.
An experienced truck accident lawyer will know how to fully assess your case's short-term and long-term damages. They will gather evidence of your injuries and work with medical experts to determine your current and future care needs. Your lawyer will fight to help you recover maximum compensation for all the physical, emotional, and financial losses you have suffered.
2. You Can Hold Multiple Parties Liable
Multiple parties may bear liability for the crash, making truck accidents even more complicated. In an accident with another passenger vehicle, you typically just need to deal with the other driver and their insurance company. But in a truck accident case, you may seek compensation from several liable parties:
The Truck Driver
The truck driver is often the first party to be considered when determining liability for a crash. Truck drivers are responsible for safely operating their vehicles and complying with traffic laws and trucking regulations.
You can hold a truck driver liable if they caused an accident by engaging in negligent behaviors such as:
- Speeding
- Distracted driving (e.g., texting while driving)
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Following too closely
- Making improper lane changes or turns
- Failing to yield the right of way
- Failing to secure cargo properly
- Violating hours-of-service regulations
To prove driver negligence, your attorney may look for evidence such as the driver's log books, the truck's electronic data recorder (black box), traffic camera footage, witness statements, and toxicology reports.
The Trucking Company
In many cases, the trucking company that employs the driver can also be held responsible for a crash. Trucking companies have a legal duty to ensure the safety of their vehicles and drivers. You can hold them liable for an accident if their negligence contributed to the crash.
Some examples of trucking company negligence include:
- Failing to properly screen and hire qualified drivers
- Failing to provide adequate driver training
- Failing to supervise and discipline drivers for safety violations
- Failing to properly inspect and maintain trucks
- Encouraging or coercing drivers to violate hours-of-service rules
- Overloading trucks or improperly securing cargo
- Failing to perform required drug and alcohol testing on drivers
Your lawyer will investigate the company's hiring practices, training programs, safety records, and more to establish trucking company liability. Your attorney may also review the company's inspection and maintenance records to see if they neglected to keep their fleet in safe operating condition.
The Truck Owner
Sometimes, the cab and trailer of a commercial truck are owned by separate parties. If the truck is owned by someone other than the driver or trucking company, the owner may be liable for an accident resulting from negligent maintenance.
For example, suppose the owner failed to perform the required maintenance on the truck's brakes. If faulty brakes cause the truck to rear-end another vehicle, you can hold the owner responsible for the resulting damages.
To prove owner liability, your lawyer will look for evidence showing that the owner knew or should have known about the dangerous condition of the truck but failed to fix it.
The Freight Company
A separate freight company is sometimes responsible for loading cargo onto a truck. If improper loading practices cause or contribute to a crash, you can hold the freight company liable.
Examples of negligent cargo loading include:
- Overloading the trailer
- Failing to properly balance and secure cargo
- Loading hazardous materials without proper safety precautions
Improper loading can make a truck more difficult to control and more prone to tipping or rolling over. It can also lead to cargo spills that create dangerous road conditions for other motorists.
Your attorney will review cargo loading documents, freight contracts, and other evidence to prove freight company liability.
The Truck or Parts Manufacturer
In some cases, an accident may be caused by a defect in the design or manufacturing of the truck or one of its components. If a mechanical failure leads to a crash, you can hold the truck or parts manufacturer liable under product liability law.
Examples of potential defects include:
- Defective tires prone to blowouts
- Faulty brakes that fail to stop the truck
- Defective steering systems that cause the driver to lose control
- Fuel tank defects that lead to fires or explosions
- Malfunctioning trailer hitches
Proving a product liability claim often requires an in-depth investigation and the testimony of engineering experts. Your lawyer will look for evidence such as product recall notices, prior complaints about the same defect, and maintenance records showing that the problem was not caused by improper upkeep.
3. There Is More Evidence to Gather
Building a strong truck accident case requires collecting many different types of evidence. Much of this evidence may be in the hands of the trucking company and other corporate entities.
An experienced attorney will know how to obtain the necessary evidence to support your claim, such as:
- Police accident reports
- Truck driver's credentials and driving history
- Truck maintenance and inspection records
- The truck's black box data recorder
- Trucking company hiring and supervision records
- Cargo loading information
- Truck and trailer ownership records
- Traffic camera footage or surveillance video
- Photos from the crash scene
- Eyewitness statements
- Cell phone records
- Toxicology reports
The trucking company and other parties may be reluctant to voluntarily hand over some of this evidence. Your lawyer may need to take legal action to secure crucial evidence before it is destroyed or lost.
An attorney can file a spoliation letter notifying parties of their responsibility to preserve evidence. Your lawyer can also take depositions and request documents during the discovery phase of your case.
4. You Have to Deal with Multiple Insurers
Because multiple parties may be liable for a truck wreck, you will likely have to contend with multiple insurance companies. This may include the truck driver's insurer, the trucking company's insurer, and the insurers for other liable parties. The insurance companies are not on your side, no matter how friendly and caring they may seem.
Insurers are always looking out for their bottom line. They may try to get you to accept a lowball settlement that does not fully cover your losses. Or they may look for ways to deny your claim altogether.
The insurers may try to get you to give a recorded statement and then take your words out of context to shift the blame onto you. They may also pressure you to sign a medical release, which allows them to dig through your medical history to find some pre-existing condition to blame for your current injuries.
An experienced truck accident attorney knows how to deal with insurance company tactics. Your lawyer will handle all communication with the insurers on your behalf, so you don't have to worry about saying or signing the wrong thing. Your lawyer will also thoroughly investigate your case to gather evidence of liability, which prevents insurers from unfairly pinning the blame on you.
Additionally, a knowledgeable lawyer will know how to properly value your claim. Your attorney will account for all your damages and negotiate aggressively with insurers for a full and fair settlement. Your lawyer can take your case to trial if they cannot reach a reasonable settlement.
5. Some Unique Laws and Regulations May Apply
Trucking accident cases are governed by various state and federal laws and regulations. This complex body of law frequently changes. It takes a knowledgeable attorney to navigate a truck accident claim successfully.
For example, the statute of limitations may apply in a truck accident case. You must file a lawsuit in civil court by the deadline. If you miss the deadline, you lose your right to seek compensation in court.
The statute of limitations varies depending on the type of claim and the parties involved. For a typical car accident case in New York, the statute of limitations is generally three years from the crash date. However, if the crash involved a government-owned vehicle, you may have to file a notice of claim within 90 days of the accident. Every case is unique. An experienced truck accident lawyer can examine the facts and circumstances of your case and provide specific, accurate guidance.
As mentioned above, many regulations govern the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) sets standards for trucking companies and their employees. These standards cover hiring practices, hours of service, vehicle maintenance, cargo securement, and more.
An experienced truck accident lawyer will be intimately familiar with all the state and federal laws and regulations that may factor into your case. Your lawyer will know the deadlines that apply and will meet all filing requirements promptly. Understanding the nuances of the law helps your attorney build the strongest possible case on your behalf.
6. You Can Focus on Your Recovery
Dealing with a truck accident claim on your own can cause incredible stress, especially when you're trying to recover from serious injuries. A skilled truck accident lawyer can shoulder the burden for you. Once you hire a lawyer, they can handle all the investigations, paperwork, negotiations, and litigation for you. You can focus on your medical treatment and rebuilding your life.
When you hire the right truck accident attorney, you can have the peace of mind that comes with knowing a legal professional is fighting for your rights. A good lawyer can alleviate a lot of your stress and uncertainty. You can rest assured your case is in capable hands.
Contact an Experienced Truck Accident Lawyer
If you've been hurt in a truck accident in New York, don't hesitate to contact an experienced truck accident lawyer. These claims can be too complicated to handle on your own, especially when you're trying to recover from serious injuries. You may recover significant compensation, but you will need help getting it.
Look for a truck accident attorney with a track record of successfully handling cases like yours. Choose a lawyer you feel comfortable with and who will give your case the personalized attention it deserves. The right lawyer can make all the difference in the outcome of your case.
At William Mattar Law Offices, we have extensive experience handling complex truck accident claims across New York State. We know what it takes to successfully pursue maximum compensation for our clients. Our dedicated legal team can handle every aspect of your case while you concentrate on your health and well-being.
Get the legal representation you need today. Contact William Mattar today at (716) 444-4444 or through our online form for a free consultation with one of our seasoned New York truck accident attorneys. Let us put our skills and experience to work for you.