Recovering Compensation After A Truck Accident
Trucking accidents are unique in many ways. Injuries in accidents involving heavy trucks tend to be much more severe. Victims usually suffer serious, life-altering physical injuries and sometimes significant mental and emotional injuries.
If you or a loved one has been involved in a tractor-trailer or semitruck accident, you may have already experienced intense post-traumatic stress. People are often unwilling to get back into cars again after serious accidents like these.
Experienced, Caring Legal Representation For Truck Accident Victims
At Kammholz Rossi PLLC – Personal Injury Lawyers, our attorneys will work hard to secure the maximum compensation for your past, present and future damages and losses. With nearly 50 years of combined legal experience in personal injury law, our attorneys know the aggressive tactics of insurance defense teams and how to counter them.
We know the causes of serious truck accidents and how to hold drivers and trucking companies accountable for negligence such as regulation violations, driver fatigue, untreated sleep apnea, poor maintenance, overloading of cargo and more.
Truck Accident Investigation And Preparing Your Case
The complexities of 18-wheeler accident investigations are additional factors that make these cases unique. There is simply more evidence to review and protect. Of course, we have to find out how the accident happened. We will not hesitate to work with accident reconstruction experts, coming up with new and unique ways to verify what happened on the road.
Finding out how the accident happened is only part of the case preparation. Our investigation needs to go deeper to get to the heart of the negligence. We will review everything from gas purchase receipts and driver training files to inspection reports and truck maintenance records. We will build a solid case based on every piece of evidence we can find. Whatever the situation, an experienced commercial truck accident lawyer is ready to help you.
What Are We Looking For In Our Investigation?
Our attorneys are thorough, and our independent investigation in your case can begin right away. We are based in Rochester, New York, and we are responsive and proactive in searching for evidence and proving trucking company negligence, including:
- Allowing or encouraging truck drivers to violate hours of service regulations
- Poor maintenance of trucks and trailers
- Incomplete tracking of driving hours
- Negligent hiring or training practices
- Improper loading of trucks
- Allowing trucks to exceed federally mandated weight limits
If the trucking company’s negligence was a factor in your accident, we will find the evidence and present it as a convincing factor in your case. The effectiveness of your legal team will make the difference in whether you recover the minimum or maximum amount of financial compensation to which you are entitled.
Independent Investigation of Your Truck Accident
To find the cause of a truck accident and to hold the at-fault party accountable for your full damages and losses, you need the best available legal representation. You need an independent investigation to be launched as soon as possible, and you need a compassionate legal team on your side.
Our team has completed our own accident reconstructions, and we work with a variety of experts to ensure they will stand up in court. We have even employed an expert truck driver trainer to replicate the exact scenario on the location where our client was the victim of a truck accident in which the at-fault truck driver claimed he did not have enough stopping distance to prevent the crash.
- First, we got the truck driver to state his speed and when he started to brake prior to the crash on the record.
- Second, we recreated the exact circumstances at the exact location under the exact conditions of the accident with our expert driver.
- Third, we filmed the entire recreation.
- Fourth, we hired a truck braking expert and a general trucking safety expert to testify in the case.
- With all of this evidence and testimony, we were able to prove that the at-fault truck driver did indeed have enough time and distance to prevent the accident in the case.
Preparing Your Case For Trial With Thorough Investigation
Because we are located in Rochester, we can get to the accident scene quickly. The insurance defense team will be at the accident scene right away, and you need professionals to counter their work aimed at minimizing your financial compensation for recovery.
The following items must be requested right away:
- The truck driver’s logbook
- The police report from the accident scene
- Inspection of the truck with our trucking accident reconstruction expert
- The truck driver’s cellphone records
- Witness statements
- The truck’s black box recorder data
Truck accident investigations must be thorough and swift. Evidence could be lost not just at the accident scene, but also from within the trucking company. It is important to collect evidence at the scene by taking photos and documenting the debris field, position of vehicles, road conditions and tire skid marks. Additionally, we will collect information about hiring practices, drug and alcohol testing, safety measures and operating practices at the trucking company.
Truck Driver Regulation Violations
Trucking companies and drivers must follow strict regulatory mandates from state and federal agencies. Many regulations are federal and include requirements for:
- Commercial vehicle licensing
- Hiring practices
- Insurance coverage
- Vehicle tracking
- Vehicle safety and maintenance
- Medical standards for drivers
- Driving and hours of service
Truck drivers have strict limits on how many consecutive and total hours they can drive after being off-duty. Specific regulations that must be followed depend on the type of truck, type of cargo, weather conditions and other factors. The Federal Motor Carrier Safety Administration (FMCSA) and the New York State Department of Transportation (NYSDOT) regulate commercial vehicle safety in New York.
Our team investigates several possible trucking company and truck driver regulation violations in all truck accident cases we handle, and we do so comprehensively on behalf of each of our clients.
Our attorneys independently investigate all truck accident claims in collaboration with accident and medical experts. We understand the severity of truck accident injuries and work diligently to establish the full and fair value of life-altering injuries that our clients often suffer as the result of truck wrecks.
Proving That A Trucking Company Was Negligent
The strength of the evidence that can be gathered and presented against the trucking company will play a significant role in maximizing the value of your personal injury claim. When serious injuries are involved in a truck accident, it is almost always worth a thorough investigation of trucking company hiring, operating and maintenance practices.
Trucking companies often cut corners in some areas, and they are required by federal law to carry large bodily injury liability insurance coverage. When you are involved in a truck accident, it is unlikely that your insurance maximums alone will cover the life-altering injuries and possibly devastating effects you and your family may suffer. You need an advocate for your long-term financial stability and livelihood.
Put Top New York Personal Injury Attorneys On Your Team
We are award-winning, results-based trial lawyers who develop creative strategies to maximize compensation for our clients. If you or a loved one was the victim of a serious truck accident in the Rochester area, our truck accident lawyers can help you right away. We also help with a variety of other types of accidents, including those with buses, motorcycles, and cars.
Please call us at 585-678-4500 or email us to schedule a free consultation with a truck accident attorney at your convenience. We have seen it all and litigated it all, and have attained excellent results. We look forward to speaking with you.
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