March 4, 2020

Investigating a Truck Accident in New York

Posted in Truck Accidents

If you have been in a truck accident, you may be certain that the truck driver was at fault. However, you need to prove that the driver or the trucking company was negligent, which means that you need to collect the necessary evidence. To accomplish this, you need to perform a thorough investigation.

The truck accident lawyers at Hecht, Kleeger & Damashek, P.C. have decades of experience in helping New Yorkers get the compensation they deserve. We know how to investigate truck accidents and how to hold truck drivers and trucking companies accountable. If you’ve been injured in a truck accident, let us help – call (212) 490-5700 or send us an email today to schedule a free case review with one of our experienced truck accident attorneys.

Why Do Truck Accidents Occur?

In most cases, truck accidents are the result of the following:

• Distracted driving: Since truck drivers are behind the wheel for hours at a time, they often get bored and engage in distracted driving behaviors like texting, fumbling with radio controls, and eating.
• Poor maintenance: Even though truck drivers and truck companies are legally obligated to maintain and repair their trucks, many fail to do so and are left with faulty brakes and other safety features that may lead to an accident.
• Fatigued driving: There are federal laws that protect truck drivers from driving for too many hours in a row. However, many truck drivers ignore them and continue driving while they are exhausted and can’t focus properly.
• Intoxicated driving: Sadly, many truck drivers perform their jobs while they are under the influence of alcohol or drugs. When this occurs, they often lose control of their vehicles and cause serious accidents.
• Inexperienced driving: Driving a commercial truck is not like driving a passenger car. It’s far more complex and requires training and experience. A lack of experience can increase the risk of a crash.

Truck Accident Investigation in NYC

Navigating the aftermath of a truck accident in New York City requires a detailed and strategic approach to investigation. By working with an experienced attorney, you can ensure that every aspect of the accident is meticulously examined, from the truck driver’s actions to the vehicle’s maintenance records. This comprehensive approach is vital for accurately determining liability and securing the appropriate compensation for any damages or injuries sustained.

Investigate the Driver

Many truck accidents are the result of the driver’s negligence. In determining negligence, it can be very helpful to review the driver’s records. If the driver has numerous traffic infractions or has been in previous accidents, their driving history can persuasive in proving that the driver was negligent in your case. Of course, they could still have been negligent even if their driving record is clean; however, failing to investigate the driver can be a critical error.

You also want to be sure that they have a valid commercial driver’s license. In addition, you should also make sure that the driver has any necessary certifications for driving the truck that was involved in the accident. You should also find out if the driver has been properly trained and how long they have been driving. If the driver is inexperienced or lacks the necessary training, it could be incredibly helpful to your case.

Investigate the Trucking Company

Trucking companies are corporations and are therefore focused on turning a profit. Unfortunately, this means that they may sacrifice the safety of other drivers for the sake of making more money. As a result, they may fail to perform routine maintenance on their trucks, hire qualified drivers, provide adequate training, or enforce safety protocols to ensure their drivers are being safe behind the wheel.

Trucking companies are subject to state and federal regulations regarding how they operate their business. The company’s failure to comply with these regulations can be used to demonstrate why the trucking company should be held liable for your injuries.

Obtain Video Footage

Traffic cameras are becoming ubiquitous, and as a result, there may be video footage of your accident. Even if your accident wasn’t captured on a state or municipal traffic camera, it may have been caught by a nearby security camera. Dashboard cameras are becoming increasingly common and, in fact, the truck itself may have been equipped with a dash-cam. Video footage of the accident can be invaluable in proving liability.

Obtain GPS and Other Electronic Data

In addition to dash-cams, many trucking companies monitor their drivers via GPS and other electronic devices. These devices can record the truck’s speed, location, direction of travel, and a wealth of other information surrounding the time of the accident. This data can help determine the cause of the accident and proving liability. For example, if the driver was speeding it may help you prove that they were at fault and therefore liable for your injuries.

Obtain the Police Report

Police reports can help your case by confirming important details about the accident. The report can be especially helpful if the truck driver was issued a ticket for a traffic violation or it otherwise indicates that they were at fault.

However, police reports don’t always tell the whole story and may contain inaccuracies that work in the truck driver’s favor. If that’s the case, you want to know what the report contains so that you can obtain the necessary evidence to prove that the report is incorrect.

Obtain Statements from Witnesses

Witnesses are considered neutral third-parties, and their accounts of what happened are therefore very persuasive. It’s critical to get clear and concise statements from any witnesses as soon after the accident as possible. However you should be aware that

How Truck Insurance Companies Investigate Crashes

In the event you do file a claim against the truck driver or the trucking company, you can expect the truck company and their insurance carrier to perform an exhaustive investigation of the crash on their own. Since they are a business, they want to maximize profits and pay you, the truck accident victim as little as possible.

During the investigation phase, the trucking company will search for evidence that takes the blame away from the truck driver and truck company they’re representing. They’ll do this by examining police reports, consulting accident reconstruction specialists, interviewing witnesses, and watching videos.

Essentially, the investigators that work for the truck insurance company will do whatever it takes to show that the truck driver and truck company did not cause the accident and the damages you’re facing. Therefore, it’s essential to work with a truck accident lawyer who has your best interests in mind, unlike the truck insurance company.

A truck accident lawyer can make sure your rights are protected and can conduct their own investigation to prove that the truck driver and/or the company they work for are indeed responsible for the crash. You can expect them to evaluate the truck driver’s logs, collect records of maintenance and inspection, interview police officers, drivers, and others who saw the accident occurs, and work with experts to determine whether there are any mechanical flaws.

Contact a New York Truck Accident Lawyer

The steps involved in investigating a truck accident may seem like common sense, but getting the evidence you need is actually quite complicated. You may need to subpoena the trucking company or know how to get traffic camera footage. The experienced truck accident lawyers at Hecht, Kleeger & Damashek, P.C. know how to build your case so that you can get the compensation you deserve. If you would like a free case review, call (212) 490-5700 or contact us online to meet with one of our experienced truck accident lawyers and discuss how we can help you.