Truck accidents can be especially devastating for victims due to the large size and heavy weight of commercial trucks. When a truck and a passenger vehicle collide, the passengers in the smaller vehicle frequently suffer the most devastating injuries. Even when the truck accident isn’t fatal, victims can permanently suffer catastrophic injuries that affect their lives.
CDH Law PLLC has extensive experience litigating truck accident claims. We use our experience to work for our clients by investigating their cases and negotiating for the best outcome possible. If you or your loved person has suffered a serious injury, contact CDH Law PLLC today to schedule a free case evaluation.
Common Causes of Truck Accidents
Truck drivers must get enough rest, check for any truck maintenance problems, and pay attention to the road. Unfortunately, many truck drivers fail to adhere to these legal requirements. Instead of paying attention to the road, they fail to use reasonable care when driving a massive vehicle, putting everyone else on the road at risk of injury. Truck drivers are frequently under pressure to meet strict delivery deadlines.
Trucking deadlines may be unreasonable. As a result, truck drivers may ignore safety rules by not taking a break to complete jobs more quickly. Truck driver fatigue can result in a driver falling asleep and swerving into other vehicles or not being attentive enough to prevent an accident. To combat fatigue, truck drivers may take unlawful drugs like uppers to stay awake, which can also cause accidents. Other common causes of truck accidents in New York include the following:
- Distracted driving
- Speeding or aggressive driving
- Failure to properly inspect and maintain the truck
- Poorly maintained brakes
- Poorly maintained or threadbare tires
- Defects in the truck
- Unsafe lane changes
- Unsafe turns
- Failure to check for blind spots
- Driving while under the influence of drugs or alcohol
- Lack of experience driving a large commercial vehicle
How Much Is My Truck Accidents Case Worth?
Because of their massive size and weight, truck accidents tend to cause more severe injuries than those that involve smaller vehicles. If you’ve been involved in a truck accident, you may incur more damage than victims injured in other car accidents. The value of your case will depend on multiple factors, including the severity of your injuries. If an insurance company or judge finds the responsible party fully liable for your injuries, you can obtain damages for multiple expenses incurred. For example, you can pursue compensation for all of the following:
- Pending and future medical expenses
- Damage to or loss of property
- Vehicle and home modifications, such as wheelchair ramps and lifts
- Loss of wages, career, or earning capacity
- Emotional distress and mental anguish
- Pain and suffering
Determining Who Is At-Fault for Your Injuries
If you’ve been involved in a truck accident, you may assume that the truck driver is responsible for paying you for your injuries. However, other parties may be liable for your injuries because their negligence caused or contributed to the accident. Working with an attorney is essential in recovering the compensation you deserve.
An attorney can immediately start investigating the accident scene, gathering evidence, speaking to witnesses, and determining which party or parties are at fault for your injuries. Identifying the party or parties financially responsible will help you and your attorney develop an effective strategy for recovering compensation. In a truck accident lawsuit, the following parties may be liable:
- Truck drivers
- Truck manufacturers
- Trucking companies
- Vehicle parts manufacturers
- Truck maintenance companies
- Third-party drivers
- The company that leased the truck from the owner
- Another driver who caused a multi-vehicle accident
- The company that loaded cargo onto the truck
Holding the Trucking Company Accountable for Its Driver’s Negligence
Many truck accidents are caused by driver negligence or error. Victims injured by driver error have a right to pursue compensation from the negligent truck driver. However, many truck drivers do not have the assets necessary to compensate a victim of a serious injury. When large tractor-trailers and semi trucks are involved in accidents, it can be beneficial for victims to pursue compensation from the trucking company that employed the driver or through the company’s commercial insurance policy. Plaintiffs in personal injury lawsuits can hold employers financially responsible for injuries caused by their employee’s negligent acts. The trucking company may try to claim that the truck driver isn’t an employee but is an independent contractor to avoid liability. Working with an experienced attorney can help prove that the truck driver was an employee and that the trucking company is legally responsible for employing a negligent driver.
Pursuing Compensation Through an Insurance Settlement
Generally, trucking companies carry commercial insurance policies. Under New York law, auto accident victims are entitled to compensation through an insurance claim with the at-fault driver’s insurance policy. Commercial insurance companies are notorious for trying to deny claims or offer victims low settlements. The insurance company may try to blame you for the accident occurring as a way to avoid paying you compensation. They may immediately send investigators to the accident scene and attempt to prove that the truck driver wasn’t at fault.
The attorneys at CDH Law PLLC have extensive experience holding negligent truck drivers, their employers, and insurance companies accountable. Our skilled personal injury attorneys will work diligently to counter any attempts by the insurance company to shift the blame. After we carefully evaluate how much your claim is worth, we will begin negotiating with the insurance company for a fair and full settlement.
Discuss Your Case with an Experienced Truck Accidents Attorney
If you’ve been seriously injured, or your loved one has died from a fatal injury caused by a truck accident, you may be entitled to compensation. Knowing what steps to take after a serious auto accident can be challenging. The compassionate attorneys at CDH Law PLLC will carefully explain your options to you and answer any questions you have. We will investigate your case and help you understand your legal options. Contact the Central New York truck accident attorneys at CDH Law PLLC today to schedule a free consultation and learn more about how we can advocate for you.