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Trucking Accidents

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Trucking Accidents

Not Just a Bigger Car Accident: Why Trucking Cases Are More Complex

Not Just a Bigger Car Accident: Why Trucking Cases Are More Complex

Unlike a typical car crash, a commercial truck accident involves a unique set of laws and factors. The trucking industry is governed by the Federal Motor Carrier Safety Regulations (FMCSR), which dictate everything from how long a driver can be on the road to how maintenance must be performed.

A successful claim requires a deep understanding of these rules and how to prove they were violated. Furthermore, the insurance policies for commercial trucks are vastly larger, meaning their insurance companies will use aggressive tactics to minimize or deny your claim.

Common Causes of Commercial Truck Accidents in New York

Common Causes of Commercial Truck Accidents in New York

A thorough investigation often reveals that a truck crash was not an"accident," but the direct result of negligence. We meticulously investigate every potential cause, including:

  • Driver Error: Speeding, distracted driving, driving under the influence, and violating traffic laws.

  • Driver Fatigue: Pushing past the legal "hours of service" limits to meet deadlines is a deadly and common violation.

  • Trucking Company Negligence: Pressuring drivers to break rules, hiring unqualified drivers, or failing to implement proper safety protocols.

  • Improper Cargo Loading: Unsecured or unbalanced loads can shift during transit, causing the driver to lose control.

  • Poor Maintenance: Failure to properly inspect and maintain brakes, tires, steering, and other critical components.

  • Equipment Failure: Defective parts from the truck or trailer manufacturer can lead to catastrophic malfunctions.

Uncovering Crucial Evidence: How We Investigate Your Claim

Uncovering Crucial Evidence: How We Investigate Your Claim

Evidence in a trucking case can disappear quickly. Our first priority is to send an immediate spoliation letter to the trucking company, legally demanding they preserve critical evidence. We then move to secure:

  • The Truck's "Black Box": The Electronic Data Recorder (EDR) provides vital information on speed, braking, and other actions just before the crash.

  • Driver's Logs: Both electronic logs and paper records can prove violations of hours of service rules.

  • Maintenance and Inspection Records: These documents can reveal a history of neglected safety issues.

  • Driver's Qualification File: This shows the driver's history, training, and any prior violations.

  • Post-Crash Drug and Alcohol Test Results.

Identifying All Liable Parties for Maximum Compensation

Identifying All Liable Parties for Maximum Compensation

In a trucking case, the driver is often not the only party at fault. To ensure you can recover the full compensation you need, we identify and pursue claims against all negligent parties, which may include:

  • The Truck Driver

  • The Trucking Company (the motor carrier)

  • The Owner of the Truck or Trailer

  • The Company that Loaded the Cargo

  • The Manufacturer of a Defective Part

Catastrophic Injuries Demand Maximum Compensation

Catastrophic Injuries Demand Maximum Compensation

The immense size and weight of commercial trucks often result in life altering injuries. We fight to ensure your settlement or verdict covers the full extent of your losses for injuries such as:

  • Traumatic Brain Injuries (TBIP)

  • Spinal Cord Injuries and Paralysis

  • Internal Organ Damage

  • Multiple Fractures and Broken Bones

  • Amputations

  • Severe Burns

We pursue compensation for all medical bills (past and future), lost income, diminished earning capacity, pain and suffering, and the lifelong cost of your care.

Why You Need an Experienced Truck Accident Lawyer on Your Side

Why You Need an Experienced Truck Accident Lawyer on Your Side

Trucking companies and their insurers have rapid response teams of investigators and lawyers whose only job is to protect their profits. You should have an equally powerful team on your side. The attorneys at Scott Baron & Associates know the federal regulations, we know the evidence to look for, and we are not intimidated by their tactics. We level the playing field and fight to win.

Personal Injury Lawyer Serving The New York Community For Three Decades

The law firm of Scott Baron & Associates, P.C., was founded in 1994 and has offices in Howard Beach, Queens County, & Yonkers, Westchester County.

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