If you have been involved in a truck accident and have sustained serious injuries, or a loved one has died, its important to contact a truck accident attorney as soon as possible. However, before consulting with an attorney, it’s crucial to understand that the laws, regulations, standards and rules relating to truck accidents are more complex than those relating to car accidents, so it is crucial to select the right attorney for the claim.
In a car accidents, the primary responsibility is usually the driver of the involved vehicle unless the car was defective. However, in a truck accident, the trucking carrier company can be held responsible as much as the driver. The driver may not have been trained properly by the company, or the company did not keep the truck in operable condition or did not follow federal regulations. A truck accident attorney will have specialized knowledge about the regulations and rules of the Federal Motor Carrier Safety Administration, 49 CFR, the specific state’s Department of Motor Vehicles, CDL manuals and the ability to litigate in Federal Court and in outside states’ courts.
The scope of a truck accident investigation is also much more complicated than an automobile accident. If a trucking company unlawfully required a driver to drive longer than the federal limit of 70 hours per week, the company would be just as liable as the driver for injuries and damage. There is a large body of evidence to be examined, including the truck driver’s employment history, the qualifications they used to apply for the trucking job, the results of any drug or alcohol tests, etc.
The attorney will look into the trucking or carrier company’s insurance information, inspect all the vehicles involved in the accident and make sure to retain the information from the truck’s ‘black box,’ which contains critical information. They will also inspect the driver’s logs, timesheets, schedules, the company’s safety history, the bills of lading of cargo, and other records such as accident, police and medical reports.
All of these factors help determine who is at fault for the accident and therefore, who is liable for your injuries and damages. Don’t trust this to just any attorney.
The lawyers at Jacoby & Meyers, LLP NY have been helping victims of truck accidents for over 40 years and they will help you too.