Truck Accident

Whether the accident was a car accident, truck accident, or SUV accident, proving negligence in an auto accident frequently boils down to showing that a driver violated a New York traffic law. Violating a traffic law is often dispositive in proving who was at fault and therefore, who must compensate the injured victim for losses as a result of the accident. Because of the size and weight of trucks, and because they are often traveling at high speeds at the time of the accident, victims of truck accidents tend to suffer from serious, life-threatening injuries. For example, a brain injury, neck injury, head injury, broken bones, and spinal cord injury are common truck accident injuries. Such injuries are not only physically and emotionally painful, they also can cause the victim financial stress since the victim may have to miss a substantial amount of work. In the same way that a victim of a car accident may seek damages from the negligent person through a personal injury claim, the law allows victims of truck accidents to seek damages as well. If you are in need of a New York Injury Lawyer because you were seriously injured as a result of the negligence of another person, contact an experienced Bronx Truck Accident Lawyer who will review the facts of your case and work aggressively to ensure that you receive the compensation to which you are entitled. In addition, if during the course of the treatment for your injuries the medical staff commits medical malpractice, the party responsible for your truck accident injuries may be required to compensate you for the medical malpractice injury as well.

Truck Safety Laws

Of course truck drivers must follow the same basic rules of the road as cars, such as stopping at red lights and obeying posted speed limits. However, the trucking industry is subject to additional rules both on the federal and state levels that effect the licensing of truck drivers, the insurance trucking companies must carry, and the operation and maintenance of the trucks.

In order to qualify for a license to drive a commercial truck, drivers must attend special classes on how to operate a truck safely. 49 CFR §380. Thus, if you are injured in an accident where the truck driver did not receive the proper training or did not have the required license, then the truck driver will be liable for your injuries. If the trucking company that employed the driver knew that the driver was not properly trained or failed to make sure that the driver had the proper training and credentials, then it was negligent as well. In addition, the Federal Motor Carrier Safety Administration (FMCSA) issued regulations requiring routine alcohol and drug testing for truck drivers, the proper transportation of hazardous materials, compliance with hours of service rules, maintaining log books, and truck maintenance. If a truck driver or his or her employer violates any of the FMCSA's rules resulting in an accident, then negligence can be fairly easily established, strengthening a victim's personal injury lawsuit against the truck driver and the trucking company.

Pursuing a Claim

Truck accidents can be devastating to a victim and his or her entire family. Because of the massive size of trucks even low impact, low speed accidents can have catastrophic results. Common types of truck accidents occur when a truck that has a trailer jack-knifes, causing the trailer to swing out to form a 90-degree angle. The trailer collides with other vehicles, sometimes causing multi-vehicle pile-ups leaving many injured. Truck accidents also occur when a truck's load was not properly secured. The load then shifts or even falls, causing an accident. Tire blow-outs on a truck driving at a high speed can cause the truck driver to lose control of the vehicle and end up in an accident.

Truck accidents can leave to devastating injuries such as a spinal cord injury, broken bones, back injury, amputation, paralysis, and all too often, death. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. The compensation that you may be entitled to receive includes past and future medical expenses, lost income and loss of future earnings capacity, and pain and suffering. In addition, if a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.

Bronx Truck Accident Lawyer

If you were a victim of a truck accident it is important to immediately contact an experienced truck accident attorney. The rules that apply to trucks are complicated and distinguishable from the rules that apply to cars. Thus, it is critical that the lawyer representing you is familiar with the nuances of the laws that apply to truck accidents to ensure that your case receives the best possible outcome. Contact Stephen Bilkis and Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from a truck accident, as well as a SUV accident, car accident, or motorcycle accident. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.

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