If you or a loved one is involved in a truck accident, it is important to retain an attorney who is aware of the laws surrounding the operation of a truck. Because their size and weight place a special responsibility on the driver, heavy trucks are governed by rules laid out by the FMCSA (Federal Motor Carrier Safety Administration). But, the dangers posed by a truck are not only confined to larger ones. In fact, smaller trucks are still more likely to cause catastrophic injuries than regular cars.
The NYC Trial Lawyers Group attorneys are highly experienced in handling truck accidents. Discover how we work with truck accident victims and what to know when dealing with your own truck accident case.
The attorneys at the NYC Trial Lawyers Group prioritize early investigation as a critical part of every personal injury case. In car crash cases, early investigation allows us to examine the scene before it has changed much, procure witness statements more easily, and secure accident footage before it disappears. While security footage from area restaurants or businesses has been an invaluable source of evidence in many motor vehicle accident cases our firm has handled, such footage may be automatically taped over or erased within a period as short as two weeks. It is essential to act quickly.
As soon as possible, we serve preservation letters to ensure that the truck and any other vehicles involved in the accident are maintained in the condition they were in close in time after the accident. Our intent is to make sure the condition they are in allows for a complete and fruitful expert examination.
Identifying the right parties to sue in a truck accident is often complicated, and it’s likely to require information not available on a police report.
One of many factors that complicates truck accident liability is the Graves Amendment to the Transportation Act. This amendment to the federal Transportation Act holds that a company renting or leasing vehicles cannot be held vicariously responsible for the negligent operation of those vehicles, since it does not employ the drivers.
Let’s say a Ryder truck is driving recklessly when it collides with your vehicle. While Ryder does provide transportation services, it also rents and leases its trucks to third parties. If an employee of Penske was driving the truck that hit you, there is a good chance you will be able to hold Penske responsible. This is because the legal doctrine “respondent superior,” which means an employer is legally responsible for the wrongful acts of an employee, applies to that type of situation.
On the other hand, suppose the driver leased the truck from Ryder and otherwise has no relationship to the company. Unless you have proof that some action of the Penske company directly led to your accident, you will not be able to hold Penske responsible.
The company that employs a truck driver will typically be a responsible party. Some employers avoid this liability by making shrewd use of third-party delivery methods. One of these employers is Amazon, which has established a network of contractors through which it makes most of its deliveries.
Although Amazon Prime delivery trucks are among the most recognizable branded vehicles on the road, sometimes they are not directly owned by the company, allowing Amazon to deliver millions of packages per day while rarely being held financially accountable for any accidents that occur. Amazon’s sly tactics are being tested in the courts throughout the country and their ability to evade responsibility in many future cases may be curtailed.
A good attorney will help you to sort out liability in your specific case and will be able to give you insight into when — and whether — you can also hold the company that contracts a third-party delivery business accountable.
If you or a loved one was harmed in an accident involving a truck, you will need a law firm with extensive experience in handling truck accident cases to protect your legal rights and make sure you receive the compensation you deserve. Our attorneys are committed to getting clients the results they need and have a strong record of truck accident settlements,
If you or a loved one is involved in a truck accident, it is important to retain an attorney who is aware of the laws surrounding the operation of a truck. Because their size and weight place a special responsibility on the driver, heavy trucks are governed by rules laid out by the FMCSA (Federal Motor Carrier Safety Administration). But, the dangers posed by a truck are not only confined to larger ones. In fact, smaller trucks are still more likely to cause catastrophic injuries than regular cars. In a case our firm, Block O’Toole & Murphy, resolved for $14,000,000, our client suffered serious injuries, including a leg amputation, after being struck by a light pickup truck. This result demonstrates the perils potentially posed by all trucks.
The attorneys at Block O’Toole & Murphy are highly experienced in handling truck accidents. Discover how we work with truck accident victims and what to know when dealing with your own truck accident case.
The attorneys at the NYC Trial Lawyers Group prioritize early investigation as a critical part of every personal injury case. In car crash cases, early investigation allows us to examine the scene before it has changed much, procure witness statements more easily, and secure accident footage before it disappears. While security footage from area restaurants or businesses has been an invaluable source of evidence in many motor vehicle accident cases our firm has handled, such footage may be automatically taped over or erased within a period as short as two weeks. It is essential to act quickly.
As soon as possible, we serve preservation letters to ensure that the truck and any other vehicles involved in the accident are maintained in the condition they were in close in time after the accident. Our intent is to make sure the condition they are in allows for a complete and fruitful expert examination.
While some evidence — such as video footage — is clearly discernible, other types of evidence require expertise to understand. For example, you may require an expert who can read sight lines — precise assessments of what the driver of a truck was, or was not, able to see from a particular location. Or you may need to analyze crush damage, assessing points of impact and the patterns they have left on the vehicle(s). Having access to the truck makes it possible to thoroughly conduct these assessments and provides material for an expert in accident reconstruction or biomechanical engineering to provide an explanation of what that evidence means.
It also gives us the opportunity to access one of our most valuable sources of evidence: black box data. Virtually all modern vehicles come equipped with EDR (Event Data Recording) devices that monitor speeding and slowing down, braking and turning, airbag deployment, and other actions of the driver in the moments before and during a crash. By preserving black box data and hiring experts who can extract and interpret it, we are often able to significantly strengthen our case, enhancing our ability to persuasively explain how a crash occurred.
Identifying the right parties to sue in a truck accident is often complicated, and it’s likely to require information not available on a police report.
One of many factors that complicates truck accident liability is the Graves Amendment to the Transportation Act. This amendment to the federal Transportation Act holds that a company renting or leasing vehicles cannot be held vicariously responsible for the negligent operation of those vehicles, since it does not employ the drivers.
Let’s say a Ryder truck is driving recklessly when it collides with your vehicle. While Ryder does provide transportation services, it also rents and leases its trucks to third parties. If an employee of Penske was driving the truck that hit you, there is a good chance you will be able to hold Penske responsible. This is because the legal doctrine “respondeat superior,” which means an employer is legally responsible for the wrongful acts of an employee, applies to that type of situation.
On the other hand, suppose the driver leased the truck from Ryder and otherwise has no relationship to the company. Unless you have proof that some action of the Penske company directly led to your accident, you will not be able to hold Penske responsible.
The company that employs a truck driver will typically be a responsible party. Some employers avoid this liability by making shrewd use of third-party delivery methods. One of these employers is Amazon, which has established a network of contractors through which it makes most of its deliveries.
Although Amazon Prime delivery trucks are among the most recognizable branded vehicles on the road, sometimes they are not directly owned by the company, allowing Amazon to deliver millions of packages per day while rarely being held financially accountable for any accidents that occur. Amazon’s sly tactics are being tested in the courts throughout the country and their ability to evade responsibility in many future cases may be curtailed.
A good attorney will help you to sort out liability in your specific case, and will be able to give you insight into when — and whether — you can also hold the company that contracts a third-party delivery business accountable.