Truck Accident Lawsuits Present Significant Challenges for Victims

Lawsuits over injuries from truck accidents are often more complicated than cases arising from collisions involving passenger cars. When a semi-truck or other heavy commercial vehicle collides with a smaller vehicle, the size and weight disparity causes greater force to be exerted. Occupants of the smaller vehicle can suffer catastrophic injuries such as traumatic brain injuries, spinal cord damage and broken bones, which can lead to permanent disability or even death. 

Unlike a crash between passenger vehicles, truck accident lawsuits often involve multiple parties, among them the truck driver, the trucking company that employs the driver, the company that owns the truck, the manufacturer of the truck or its components and even the truck’s maintenance providers. Each of these parties will have their own insurance company. Different insurance policies may cover various aspects of the damages, with each defendant attempting to shift blame to others. What’s more, each defendant and insurer will have its own attorney.

Regulatory compliance can play a significant role in a truck accident lawsuit. Trucking companies and drivers are subject to regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA) and state agencies. These rules impose operational requirements, such as restricted hours of driving, weight limits, maintenance routines and driver drug testing. Violations may constitute evidence of negligence. For example, if a driver exceeds the number of driving hours allowed by law, resulting in fatigue that causes an accident, the trucking company and driver may be found at fault.

Another complexity of truck accident lawsuits is the special evidence needed. Commercial trucks are often equipped with dash-cams and event data recorders (EDRs), which can provide critical information about the circumstances leading up to the accident. Dash-cam footage may capture the behavior of the truck driver in the moments before the collision, offering insight into whether the driver was distracted or impaired. An EDR — similar to an airplane’s black box — records detailed information about the truck's speed, braking patterns and other performance metrics before the accident. In many cases, expert witnesses, such as accident reconstruction specialists, may be required to analyze this data and present it in a way that is understandable to a jury. Maintenance records can reveal whether the truck was properly serviced or if mechanical failure contributed to the accident. Driver logs may show whether the driver adhered to hours-of-service regulations.

If you or a family member is hurt in a truck accident, an attorney well-versed in truck accident injury claims can navigate the numerous legal, regulatory and insurance challenges with the goal of holding all responsible parties accountable. An attorney will gather the necessary evidence, work with experts and build a strong case to secure the compensation that you need and deserve. 

The law firm of Rich & Rich, P.C., with offices in Midtown Manhattan and Roslyn Heights, N.Y., offers experienced legal representation to guide clients through the intricate process of truck accident lawsuits. Our attorneys understand the nuances of these cases and are dedicated to helping clients achieve a fair and just resolution. Call us at 917-746-3358 or contact us online today to arrange a free consultation.