Truck Accident Investigations In New York City
Take Immediate Action With Help From An Attorney At Our Firm
In the aftermath of a truck accident that occurred in the state of New York, immediate action needs to be taken. In fact, the more rapidly that an investigation is conducted after an accident, the better chances the victim has of successfully securing compensation through a claim or lawsuit. Without sufficient evidence to support the claims that are made, the case is much more likely to be dismissed and/or ruled in favor of the trucking company or truck driver involved.
Start the investigation
Call our New York injury lawyers now at 212-571-7171 for a free consultation. We will act swiftly to secure important evidence.
In the hours and days following a truck accident, investigations will surely be conducted. Unfortunately, the intent behind these investigations can be misguided or mismanaged. The law enforcement officers who typically report to the scene of a trucking accident will likely be unfamiliar with the specific set of approaches that should be taken when investigating an accident of this nature. Hindrances of this degree are not the only ones that can compound a claim or lawsuit that is made after an accident that involves a trucking company.
Very often, trucking companies have already dispatched their team of investigators and attorneys to take immediate action. When these representatives report to the scene of a collision, they will be looking for any sort of evidence that could suggest that the trucker and/or truck company is not at fault for the accident that occurred.
To combat these efforts, the victims of the trucking collision should take action to quickly secure the representation of a New York City personal injury lawyer from the law offices of Sakkas, Cahn & Weiss, LLP.
Reviewing The Trucking Company’s Records
Nearly every truck accident to occur is the result of negligence or reckless behavior to some degree. In some cases, actions by the trucker or policies of the trucking company led to the crash. In other cases, decisions by the government contributed to the crash, such as dangerous road design.
Determining who is responsible requires a thorough review of the trucking company’s records as soon as possible following the accident. If fault rests with the trucking company itself, a review of the following will ultimately reveal the inadequacies that resulted in the accident.
- Company hiring practices: Was a proper background check conducted?
- Driver training requirement: Was the driver hired without proper training and/or allowed to operate a vehicle despite his or her lack of experience?
- Drug and alcohol testing requirements: Did the company conduct continuous and frequent sobriety checks on its drivers, apart from the obligatory test upon hire?
- Driving records and accident history: Did the company employ drivers with a history of driving offenses?
- Best practices: Was the company known to encourage drivers to operate their vehicles beyond the standard hours of operation? Did the company condone overloading a truck for the purpose of making a bigger delivery?
If any one of the aforementioned conditions was at play, then the accident that resulted could be the responsibility of the trucking company. For this reason, it is extremely important to collect as much information from the trucking company as possible after an accident has occurred. The material that is revealed by a truck company’s records could dramatically influence the outcome of a claim or lawsuit that is made on the victim’s behalf.
Assessing The Information From A Black Box
Electronic on-board recorders, also referred to as black boxes, can reveal crucial information in a truck accident investigation. Devices of this nature were designed for the purpose of monitoring a trucker’s drive times and hours of operation. Essentially, black boxes allow trucking employers to monitor their employees, thus preventing them from operating their vehicles longer than legally permitted to do so.
Described to be virtually indestructible, black boxes were designed to withstand the catastrophe of a truck accident, thus making them resourceful pieces of information in the aftermath of a collision. The device systematically records the events immediately before, during and after a truck accident, storing these events as information that can be accessed during the investigative process. While this information is made readily available to the trucking company and its insurance provider, it can be extremely difficult for the victim of an accident to access this information without help from a personal injury attorney.
Importance Of Interviews And Depositions
We cannot stress enough the importance of moving quickly after a truck accident has occurred. The sooner you involve an attorney in the matter, the better chances you will stand at receiving the compensation that is rightfully due to you as a victim. As such, our legal team moves quickly in the aftermath of an accident, taking care to immediately investigate the situation and all of the circumstances that led up to it.
It can be immensely helpful to obtain statements from witnesses of the truck accident, as well as the law enforcement officers who were first on the scene. The mental pictures and accounts of the accident which can be provided by witnesses often serve as invaluable information during a case. Properly recorded statements can be submitted for review in court, thus allowing the judge and jury to better understand the accident that occurred.
As more time passes after an accident, it could become significantly more difficult to contact witnesses and/or law enforcement officers who were originally at the scene of the collision. Without statements from these persons, the case you build might not hold as much weight in court, which is why it is so important to act quickly after an accident has occurred. With the help of an accident attorney from our firm, the necessary photographs and witness statements can be gathered in a time-efficient manner that can be used to your benefit later on in the case.
You Need To Act Fast!
No matter how catastrophic and/or devastating the truck accident that left you injured might have been, time can still cause one or more of the persons involved to forget the intricate details of the incident. Therefore, it is highly encouraged that immediate legal attention be paid to circumstances of this nature. Important information such as the records that are made in trucking logbooks could be lost or destroyed during the interim period between when an accident happens and when a case is made.
Without the proper amount of evidence, the court can be severely limited in its ability to favorably adjudicate a truck accident case. The daily logs that truckers are required to keep by the Federal Motor Carrier Safety Regulations must only be maintained for a period of up to six months. After this time, it may be extremely difficult, if not impossible, to obtain these copies from the trucking company.
Additional evidence can become extremely important in the aftermath of a trucking accident as well, especially one that requires extensive litigation. For example, the evidence that is revealed by black box information could be more effective when it’s cited immediately or close after the accident. Don’t wait to contact a New York City truck accident attorney from our firm for the direct attention that you both need and deserve at this time. To schedule a free initial consultation, call 212-571-7171 or contact us online.