Brooklyn Accident Investigation Practices and Procedures

Just like a car accident, an accident involving a large truck can be caused by a number of reasons. Because of the size and weight of large commercial trucks such as tractor trailers, 18-wheelers, and semis, 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 nearly 4000 people die in truck accidents each year in the United States. 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 claim. If you were injured in a truck accident, it is important that you immediately contact a Brooklyn 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. 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 the defendants in a truck accident personal injury case 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.

Beware that New York law has a specific time limit for filing a personal injury or wrongful death claim. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.

Being involved in a truck accident can be devastating. You may have to face not only physical pain and a long recovery process, you may also face financial distress. A proper investigation into the accident will determine whether the truck driver or trucking company violated guidelines imposed by the federal government and by New York State. The staff at Stephen Bilkis & Associates, PLLC has years of experience in helping injured victims and their families through the complex process of accident investigation in New York. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.