Truck accidents are among the most violent mishaps to occur on our highways and can lead to significant damage to other vehicles and roadside objects. If an accident is due to some factor that could have been prevented, the responsible party can be taken to court where they can be ordered to pay damages to those who were injured or suffered some loss as a result of another’s negligent actions.
Most truck accidents can be traced back to three causes:
- speeding or driving too fast for traffic or weather conditions
- brakes failure
- tire blowouts or disintegration
When each of these, and others, accident causes are investigated they may lead to liability of others who had some role in the manufacturing or installation of a truck component. For example, a defect in the way a tire was manufactured may have led to a blowout which in turn caused an accident. This is an aspect of your case that will require the attention of a tractor trailer accident lawyer to establish the potential liability of others for your accident.
Although a police accident investigation may record the physical aspects of the crash and the statements of any witnesses, a complete determination of fact will usually require the assistance of an accident reconstruction specialist. Every truck accident lawyer will have a working relationship with these professionals and will ask for their assistance should it become necessary.
When a traffic accident occurs, be it a trucking accident or any other type, the police will investigate and complete an accident report. If the investigating officer feels that a traffic law violation has occurred, he or she may issue a citation to the offending driver.
You must remember that police accident investigations deal only with the physical aspects of an accident and not with who may be liable for damages. Liability is a judgement that is made by a civil jury rather than a criminal court! Even if the investigating officer determines that you violated a traffic law, that is only his or her opinion and has nothing to do with determining who might be liable for any future damages awarded for injuries.
Since issues of liability are determined based on the facts of each case, this is another aspect of your accident that is best discussed with a truck accident personal injury lawyer.
Truck accidents can cause you to suffer financial distress because of medical bills, loss of income, and even temporary or permanent disability. Fortunately, the civil laws of New York allow you to file a lawsuit to claim compensation for your losses that can be linked to your accident.
You may be eligible to receive compensation for:
- your current medical expenses, and any anticipated future expenses
- loss of current and future income
- any losses of personal property and loss of your vehicles
- “non-economic damages” such as pain and suffering, psychological stress, and emotional trauma
There are usually other damages that can be claimed. Since these damages are usually determined on a case by case basis, you should always discuss your damage claims with a lawyer who has experience in the management of trucking accident cases.
If you have been injured in an accident involving a tractor trailer, or have lost a family member in such an accident, you have a limited time frame in which to file a lawsuit to receive compensation for your injuries or the loss of your loved one. In New York, this time limit for filing a lawsuit is usually within three years of the date you were injured or within two years of the date of death for a family member. Any lawsuits filed after these dates will be dismissed and you will lose your right to be compensated for damages related to the accident.
To avoid running out of time after a trucking accident, you should contact a truck accident attorney to arrange a review of your case and to discuss your legal options to recover damages resulting from your accident. If a lawsuit is recommended, your attorney will explain how your case will be managed and what types of damages you will be asking for.
If you are concerned that the expenses related to your accident make it difficult to find an attorney to represent you, practically all truck accident lawyers will manage all aspects of your case in return for a percentage of your final settlement.
Protect your legal rights after a truck accident by talking with a truck accident lawyer as soon as possible after you were injured!