Were you injured in a truck accident in New York?
There’s no shortage of information on the internet regarding staying safe when you’re on the same road with a large commercial truck. But no matter how careful motorists may be, these huge machines are incredibly dangerous. Whenever they collide with a passenger car, the car always comes out second best – and it’s not even close.
A Penn Kestner & McEwen New York truck accident attorney is standing by if you or a loved one has been badly hurt due to another’s negligence. We know how to take on huge trucking companies, as well as the insurance companies that cover them. The stakes are extremely high in this kind of case, so you’re going to need the help of a legal team of professionals who know how to deliver results – no matter how formidable the opposition may be.
You can reach out to us whenever you like for a free consultation. One of our representatives will tell you how we can help you get every penny you have coming for the suffering you’ve been forced to experience. You can contact us online, or you can give us a call at (800) 732-3070.
New York Truck Accident Statistics
For years, the New York State Department of Motor Vehicles compiled an annual report summarizing the causes of truck accidents across the state. This report showed how human error was the chief cause of these crashes, and the number of deaths that occurred due to many of the most common forms of negligence committed by truckers.
The last report was issued in 2014, but it still resonates today, since truck driver behavior hasn’t changed a great deal. Here are some of the more troubling findings.
- Truck driver inattention due to distracted driving accounted for 18.4% of all truck crashes. Other causes included following too closely (15%), failure to yield the right of way (10.9%), and changing lanes in an unsafe manner.
- There were 732 injuries associated with following too closely, and another 654 caused by driver inattention. Failure to yield accounted for 425 injuries.
- The highest number of fatalities (17) occurred due to truckers driving too fast. There were 12 deaths blamed on failure to yield, and 7 blames on driver inattention.
Trucking Regulations in New York and the US
Truck drivers have to follow stringent regulations, not only in New York but the rest of the U.S. as well. New York, for instance, uses the hours of service rule established by the Federal Motor Carrier Safety Administration.
The rule mandates that truckers can’t drive for more than 11 consecutive hours over a 14-hour period. They’re also not allowed to drive for more than eight straight hours without taking at least a half-hour break. They can’t drive for more than 60 hours over a seven-day period, or 70 hours over an eight-day period.
Causes of New York Truck Accidents
But even though they can face severe consequences for violating this rule, truck drivers do so on a regular basis. They’ll try to push themselves, even though they’re beyond the point of exhaustion. As you can well imagine, they cause devastating accidents as a result.
Other common causes of truck accidents include the following:
- Driving under the influence of alcohol or drugs
- Lack of proper maintenance
- Negligent loading of cargo
Common Truck Accident Injuries in New York
Even if someone is lucky enough to survive a truck accident, they could be left with injuries that are so severe they face a lifetime of debilitation. These are just a few examples.
- Spinal cord injuries
- Broken bones
- Internal bleeding and organ damage
- Traumatic brain injury
Potential Liable Parties
To say a truck accident lawsuit is complex is a major understatement. Trucking companies have to purchase incredibly expensive insurance policies, which can routinely cost $1-2 million or even more. They have to be expensive because the injuries associated with truck accidents are oftentimes so severe.
That’s just one of the reasons this kind of legal action is complicated. Another is that there can be more than one party to blame when a truck strikes a car.
For example, let’s say a motorist is severely hurt after being hit by a truck that has rolled over. Once the victim’s attorney completes their investigation, they find several parties contributed to the wreck.
First, the driver had spent 16 hours behind the wheel, so they were incredibly fatigued. The rollover occurred because of two things – a defectively manufactured tire blew out, and the cargo shifted because it was loaded in a negligent fashion. On top of that, the investigation revealed that the brakes weren’t properly maintained, and failed as a result.
As you can probably see, the victim in this case will be able to take action against several different parties, including:
- The fatigued driver.
- The company that manufactured the faulty tire.
- The company responsible for the cargo loading.
- The trucking company that failed to maintain the vehicle.
Steps to Take if You’re Involved in a Truck Accident
The actions you take after a truck accident will not only have an impact on your health, they will also impact your case.
First, you’ll need to get medical help. If possible, take pictures and videos of the accident scene. If there were any witnesses, get their names, phone numbers and email addresses.
You’ll also need to get in touch with a New York truck accident attorney so they can investigate the wreck. The sooner you do this, the earlier that investigation can start. The earlier that investigation begins, the better the chances your attorney will be able to gather the evidence it will take to make your case as strong as possible.
Types of Damages You Can Recover in a New York Truck Accident
When people file any sort of personal injury lawsuit, they’re trying to recover their damages, or financial losses. These not only include their medical expenses (both now and in the future), their lost wages and property. But they may also be able to obtain compensation for damages such as emotional distress, pain and suffering, and more.
Contact Penn Kestner and McEwen if You’ve Been Involved in a Truck Accident in New York
In order to get the money needed to recover your damages, however, you’ll need to hire a skilled attorney as soon as you can. That’s exactly what you’ll get when you turn to Penn Kestner & McEwen. You can schedule a free case review by contacting us online or calling (800) 732-3070.