Trucking accidents are some of the most serious accidents on the highways. It is obvious that a typical passenger vehicle is no physical match for a semi-tractor trailer, including an SUV or pick-up trucks, but the truth of the matter is that many times truck accidents involve multiple vehicles hauling several passengers. In addition, many trucking accidents are open road accidents that occur at high rates of speed for all vehicles included in the crash, which naturally results in very serious injury. Fatalities are common in trucking accidents as well, which establishes legal standing for recourse for the decedent immediate family. Many times loss of consortium claims can also be filed in association with a wrongful death trucking accident claim. Winning an equitable settle from negligent parties can still be difficult even with experienced counsel, but having a truck accident lawyer is better than having none.
Multiple Negligent Parties
All trucking accidents involving a driver who works for a shipping company will involve potentially two responsible parties. Not only does the potential exist to file a personal injury claim against the driver, but the transportation company could very well be responsible also. Truckers are required to maintain operational logs, including truck inspection reports at specific intervals, and failure to do so could provide documented evidence that both the driver and the company failed to exercise a reasonable and legal duty of care for those who are injured in an accident.
Multiple Vehicle Accidents
Multiple vehicle accidents are common in trucking accidents, and often times there are several injured plaintiffs resulting from the wreck. Many times the truck is also the vehicle that ultimately causes the accident. These are obviously complicated accidents that also require the accident reconstruction specialists to determine who was ultimately at fault, including the percentage of contributory negligence for each involved driver. These percentages can be very argumentative, and all insurance claims adjusters will attempt to deflect causation away from their clients, regardless of the size of the vehicle. Having an experienced and aggressive truck accident lawyer can be the difference between a low settlement amount or a maximized payout that makes the injured victim financially whole after the wreck is adjudicated. The fact that there are multiple vehicles means there is a potential for multiple streams of financial damage recovery with the right personal injury representation.
Defective Equipment Lawsuits
Equipment malfunction can also establish negligence on the part of the equipment manufacturer in many accidents involving commercial vehicles. Also, the accident need not include an 18-wheeler. Product manufacturers are also held to strict liability standard, which means your attorney is not required to prove negligence when there is investigative or prior defective equipment documentation supporting the claim that the part was indeed defective. This potential even exists in a typical accident when an airbag malfunctions or a vehicle is listed on a recall list.
Anyone in New York who has suffered injuries in a trucking accident should the Brooklyn law firm of D.J. Hernandez through his official website at djhernandez.com.
