Truck drivers in New York face the daunting task of navigating heavy traffic and narrow streets in a vehicle that weighs approximately 35,000 lbs. Unfortunately, large trucks inflict devastating injuries in even the slightest collision. The medical treatment and subsequent rehabilitation for life-threatening injuries can easily cost hundreds of thousands of dollars.
If you or a loved one suffered injuries in a truck accident, you may want to know the following:
- How can I prove that the truck driver was negligent in causing an accident?
- What type of evidence is needed to prove negligence in a truck accident case?
- Can a lawyer help me prove negligence in a truck accident case?
Our team at Greenspan & Greenspan Injury Lawyers, can answer these questions and more. Contact our team to talk to a personal injury attorney about your case.
How Can I Prove that the Truck Driver Was Negligent in Causing an Accident?
Proving liability in a truck accident typically requires demonstrating that the at-fault party’s negligence caused your injuries. The party filing the lawsuit, called the plaintiff, must establish the defendant’s negligence in order to recover damages. Negligence requires proof of four elements: duty of care, breach of duty, causation, and damages. A personal injury attorney can help you determine whose negligence caused the truck accident.
Potential Liable Parties After a Truck Accident
Truck accidents create questions about liability that do not often exist in regular car accident cases. In a typical car accident, the driver is the only person responsible for causing an accident involving their vehicle. Trucking cases are different.
Trucks are not just big cars. There can be a whole list of entities who bear responsibility for a truck crash. Possible liable parties after a truck accident may also include the trucking company that owns the truck or employs the driver, the broker or freight shipper involved in the transaction or the truck manufacturer.
For example, if a defective part within the truck malfunctions and causes a truck accident, the manufacturer may be liable for losses incurred by accident victims.
When a truck driver breaches their duty of care, they may be directly liable for the victim’s resulting losses. A truck driver can breach their duty by:
- Driving over the speed limit,
- Driving under the influence of drugs or alcohol,
- Exceeding the maximum permissible number of driving hours in a day, or
- Changing lanes without a signal.
- Violating any one of the Federal Motor Carrier Safety Regulations for commercial drivers
Additionally, the company that owns the truck can face liability for the accident. The truck owner is responsible for regular maintenance and ensuring the truck is safe to drive. If a lack of routine maintenance causes a truck accident, the owner may be liable for resulting damages.
Further, when a truck driver causes an accident while in the course and scope of their job duties, their employer may be liable for the losses caused by the collision. Accordingly, you can typically file a claim against the at-fault truck driver and their employer to recover compensation for your damages.
What Must Be Done to Prove Negligence in a Truck Accident?
An experienced truck accident attorney can create a case demonstrating how the driver’s negligence caused the accident that resulted in your injuries. They will gather information and evidence that bolsters your claim, such as:
- Police Accident report,
- Dashboard camera footage,
- Video telematics,
- Accident reconstruction reports,
- Photographs of the scene,
- Relevant surveillance footage, and
- Testimony from any witnesses to the accident.
Our team will compile information to give the judge or jury a clear picture of who caused the accident and the full extent of your losses.
Common Injuries Sustained in Truck Accidents
The sheer size of commercial trucks means that accidents can result in severe, sometimes life-threatening injuries. Common injuries in truck accidents include:
- Spinal cord injuries,
- Broken bones,
- Traumatic brain injuries,
- Burns,
- Loss of limbs,
- Back injuries,
- Disfigurement,
- Concussions, and
- Paralysis.
As long as you suffer a qualifying injury, as required by New York’s serious injury threshold law, you can seek compensation for pain and suffering through the at-fault party’s insurance company. Our team can review the details of your case to determine if you qualify to file a personal injury lawsuit.
Contact Greenspan & Greenspan to Discuss How to Prove Negligence in a Truck Accident Case
Our team at Greenspan & Greenspan Injury Lawyers prides itself on working tirelessly to earn the compensation our clients deserve. Since our founding in 1959, our attorneys have helped recover losses on behalf of injured victims. We will make sure the opposing party’s insurance company treats you fairly every step of the way. Let us focus on your lawsuit and getting you justice while you focus on your recovery. Leave the worrying to us.
If you or a loved one were involved in a truck accident, contact a personal injury lawyer at Greenspan & Greenspan today.
