Truck accidents cause serious, sometimes permanent injuries due to their size, weight, and speed. When these trucks are commercially owned vehicles, the legal and factual issues surrounding the victim’s rights can become more complicated. If you were injured in a commercial truck accident, you will need experienced legal advocacy.
Count on the Nassau County and Queens law firm of Bornstein & Emanuel, P.C. We understand the intricacies of large truck and commercial vehicle accidents, and are ready to walk you through some of the most common issues that arise in these cases.
Did the Truck Violate the Law?
Due to safety problems associated with heavy traffic congestion, New York has enacted strict regulations on commercial trucks. Commercial trucks are not allowed in certain places, for instance Cross Island Parkway in Queens and Bethpage State Parkway in Nassau County. There are clearly marked signs prohibiting commercial trucks in these and other areas.
If the commercial truck that caused your accident was breaking the law, this creates a presumption of negligence. For this reason, you should make a note of all the details concerning your accident, including the date, time, and exact location. Also take photos and record videos to document the crash.
The Role of Federal Regulations
Commercial trucks and their drivers are also subject to a number of federal regulations that are designed to protect the public. These concern such varied matters as:
- The amount of hours a truck driver can drive before needing to take a rest
- Safety inspections
- Driving in dangerous conditions
- Transporting hazardous substances
- How to load cargo safely
- Allowable truck weight
Again, if there’s evidence that a truck driver or company violated federal regulations, this is a strong indication of negligence. For more information, consult an attorney representing accident victims in Nassau County and Queens.
Who Is Liable?
The question of liability is sometimes more complicated when a commercial truck is involved. These parties (among others) could all potentially share blame for the crash:
- The driver
- The driver’s employer
- The company that owns the truck
- The manufacturer of the truck or its parts
- A repair shop or mechanic who did faulty work
Some of these parties could be overlapping, depending on the facts of the case. One important step in seeking compensation for your injuries is to determine who owns the truck, its relationship to other parties like those listed above, and whose insurance policy or policies may cover your losses. That’s the role of our Nassau County and Queens accident lawyer.
But the questions don’t necessarily end there. Although the truck may have immediately caused the accident, a third party such as a negligent motorist could have contributed to the wreck. We will thoroughly investigate how the crash happened and who is to blame for your injuries.
The Importance of Black Box Data
Trucks are usually equipped with sophisticated event data recorders (also called black boxes) that collect certain data during the truck’s journey. These black boxes record valuable evidence about what a truck driver was doing just before an accident. This evidence may, in turn, indicate negligence.
Federal regulations require these data recorders to document such data as:
- Truck speed
- Engaging the brakes
- Engine throttle
- Safety belt status
- GPS coordinates
However, obtaining this data is no easy task, and the trucking company may be reluctant to turn it over (for obvious reasons) after an accident. We understand the value of black box data and we know how to gain access to it. Our firm also turns to expert witnesses who have experience with these devices and can explain what the data means.
How Long Does a Truck Accident Case Take?
As soon as you have obtained medical attention for your injuries, you should reach out to a truck accident attorney who serves Nassau County and Queens. The timeline for recovery will vary from one case to another, based on such factors as:
- The severity of the accident
- The number of victims
- How serious your and the other victims’ injuries are
- How much time victims miss from work
- Whether the victims suffer long-term disability
- The victims’ future medical needs
- The ease or difficulty of identifying the owner of the truck
- The willingness of the at-fault party’s insurance company to settle
- Whether the parties can settle the case in mediation
There is no such thing as a standard commercial truck accident, so your case could take anywhere from a few months up to a year or longer. Our job is to seek an expeditious resolution to your case, but one that fairly compensates you for your losses.
Our Commitment To Nassau County and Queens Truck Accident Victims
When you hire Bornstein & Emanuel, P.C. to assist with your commercial truck accident claim, we immediately get to work tackling the above and many other issues. That’s the level of commitment you can expect from our dedicated personal injury team. Get started by calling us or completing our online contact form today.
