For those who have experienced severe injuries following a large truck, it is not unlikely to deal with extensive medical bills, immense pain, and a lengthy recovery period. While you might be weighing options, you might not know how to proceed. An attorney can help you proceed with a case. If there is not sufficient evidence backing up a claim, courts might dismiss it in favor of the trucking company or driver.
You have a right to seek legal counsel and representation after an accident like this. Attorneys work closely with a team of experts who reconstruct each event leading up to and causing the crash. Each expert is responsible for investigating and analyzing several internal and external factors contributing to the crash.
About a Truck Accident Investigation
The truck accident plaintiffs must prove that the defendant was negligent, and that resulted in injuries in a personal injury claim. Because multiple parties could be at fault, trucking accident claims might be more complex. That is why these claims typically begin with attorneys conducting investigations into the circumstances leading to your injury.
Investigators must get to work immediately following the crash to preserve crucial evidence. Just like any other motor vehicle accident, investigators look for its cause, who might be at fault, if drugs or alcohol were factors and more. According to the Federal Motor Carrier Safety Administration Title 49 §390.15, trucking companies must cooperate with these investigations.
Steps of a Trucking Accident Investigation
Typically, the investigation process for a trucking accident involves the following:
- Collection of evidence: This process could mean taking videos and photographs of the crash site, damage, and debris of nearby structures or vehicles.
- Examining the truck driver and the company’s records: Analyzing the driver’s logbooks, driving record, and personnel file to look for potential safety violations.
- Identifying and interviewing witnesses: This process involves identifying and interviewing other drivers involved in the accident, first responders, and other potential witnesses.
- Locating and analyzing the truck’s data recorder: Some refer to this as the truck’s black box and, in some commercial trucks, it records event data.
- Consulting with experts: Crash reconstruction experts, medical providers, life care providers, black box specialists, and forensic toxicologists are available to help strengthen claims.
- Truck examination: Examining the truck determines if there is an equipment defect or failure and to assess the vehicle’s mechanic condition.
These investigations can help determine liability in a truck accident.
Understanding a Truck Driver Investigation
Immediately following a trucking accident, law enforcement officials take statements from witnesses and investigate the truck. One critical step that also must occur is investigating the driver. In doing so, that investigation could produce evidence that otherwise would not have been known.
Investigating the truck driver also includes identifying what potentially led to the accident:
- Design flaws
- Failed truck parts
- Negligent hiring process
- Negligent supervision
- Negligent truck drivers
- Poor truck maintenance
- Unreasonable or unsafe delivery requirements
One issue revolves around a driver operating a truck while they are tired and, as a result, a crash occurred. The Federal Motor Carrier Safety Administration put restrictions in place to prevent drivers from operating their trucks when they feel drowsiness, fatigue, or tiredness.
Potential Recoverable Damages
There is no doubt that victims and their families suffer immediate, as well as long-term consequences following a truck accident. Because we understand this severity and the need for covering expenses, our team works diligently on your behalf when seeking damages, including:
- Emotional distress
- Loss of consortium
- Loss of normal life
- Lost wages or disability
- Medical bills and other expenses
- Pain and suffering
Let us help you pursue legal action after a truck accident.
Let Morelli Law Firm Help You Seek the Compensation You Deserve
Working with an experienced truck accident legal team means they are using every possible resource to build your case. That involves making sure every truck accident investigation conducted is done on-time and correctly. For those who are involved in a minor truck accident, there might not be any need for hiring a personal injury lawyer.
Every truck accident is different, and because of that, some legal expertise might be necessary. In addition to conducting a thorough investigation, there are many other factors attorneys must focus on regarding a successful case that recovers the most damages. Those factors include:
- Their knowledge of federal trucking violations
- Understanding how to collect and preserve evidence
- Looking for evidence trucking companies typically “lose”
- Knowing what recoverable damages are available
If you experienced an injury from a trucking accident, we are available to help recover the compensation you need and deserve. According to New York Civil Practice Law and Rules § 214, you have three years from the date of the accident to file a personal injury lawsuit. Call Morelli Law Firm today at (212) 751-9800, so we can review your case today.