Bronx Accident Investigation Practices and Procedures

Because of the size and weight of large commercial trucks such as tractor trailers, 18-wheelers, dump trucks and garbage trucks, when they are involved collisions, there is a good chance that the result would be a serious personal injury or death. According to the National Highway Traffic Safety Administration (NHTSA), each year in the United States nearly 4000 people die in accidents involving large commercial trucks. Thousands more suffer serious injuries such as broken bones, internal injuries, contusions, a brain injury, amputations, paralysis, or spinal cord injury. When an accident does occur, it is important that appropriate accident investigation procedures and practices are used to ensure that the injured victim or the victim’s family receives proper compensation through a personal injury or wrongful death claim. If you were injured in a truck accident, it is important that you immediately contact a Bronx Accident Investigation Practices and Procedures Accident Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. You will also be entitled to compensation for any medical malpractice claim that arises based on treatment you received for the truck accident injuries.

Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA has issued detailed rules related to licensing, operating, inspection, and recordkeeping. If a truck driver or a trucking company fails to abide by the FMCSA’s rules and as a truck accident occurs, the driver or trucking company will face legal and financial liability. FMCSA rules are related to:

• Licensing and training
• Size and weight restrictions
• Height and width limits
• Drug and alcohol testing procedures
• Hours of service rules
• Equipment and safety regulations
• Inspection and maintenance requirements, including inspecting tires
• Braking technique

Many truck accidents occur because a driver or the driver’s employer negligently failed to follow a safety regulation. A thorough investigation immediately following an accident is critical in order to gather as much information and evidence as possible.

There are several general steps that law enforcement and accident scene investigators must complete when a serious accident occurs. The investigation will involve:

• Photographs of the accident scene
• Police report and accident report
• Insurance claim reports
• Witness statements
• Inspection of the truck and other vehicles involved

Those investigating the accident will also investigate the truck driver. For example, investigators will seek to determine if the driver was under the influence of drugs or alcohol, or if the driver was fatigued.

Truck accidents can be devastating to a victim as well as to the victim’s family. Because of the size and weight of large trucks, even low-impact, low-speed accidents can have catastrophic results. Truck accidents can lead to devastating injuries such as back injuries, broken bones, brain injuries, amputation, paralysis, and all too often, death. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. Victims who suffer serious injuries in truck accidents have significant medical bills. In addition, because victims of serious injuries often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity. What may come as a surprise to truck driver/trucking company defendants is that if in the course of treatment for injuries suffered in the accident, the treating medical professional commits medical malpractice, those defendants may be liable for the medical malpractice damages as well. If a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.

If you were seriously injured in a truck accident you undoubtedly have had to deal with a significant amount of physical pain and inconvenience. Additionally, you have to deal with substantial medical bills, loss of earnings, loss of future earnings, emotional distress, mental anguish, and pain and suffering. The staff at Stephen Bilkis & Associates, PLLC has years of experience in helping injured victims and their families through the complex process of truck accident investigation in New York. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.