Commercial trucks are a fact of life in the United States. They play a key role in keeping our economy humming – and ensuring we can get what we need when we need it. But big rigs also present a substantial danger on our roads and highways. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2021 alone, there were 119,000 injury-causing crashes involving large trucks and buses.

If you have been involved in a truck accident, you may be entitled to financial compensation from the trucking company, the truck driver, and other parties. A Staten Island truck accident lawyer can help you prove that the trucker violated federal regulations or was careless in causing the crash. By gathering evidence such as police reports, black box data, and logbook entries, our law firm will help you get fair compensation for your medical bills, lost wages, pain and suffering, and other losses.

At the O’Connor Law Firm, we are fierce advocates for people who have been hurt in all types of accidents – including those involving 18-wheelers and other large commercial vehicles. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices today to learn more about how we can help you get maximum compensation for your injuries.

How to Prove Liability in a Truck Accident Claim

In any personal injury claim, the victim (plaintiff) will have to prove that the at-fault party (defendant) caused their injuries. These cases are often based on a theory of negligence, which is a type of carelessness  – such as causing an auto accident by failing to yield. In some cases, the defendant may have acted intentionally or recklessly, such as in a drunk driving accident.

Truck accident claims are a bit different because commercial motor vehicles are regulated by the federal government. Federal regulations set by the FMCSA control how long drivers can be on the road (hours of service regulations), who is permitted to drive a commercial truck, and the type of maintenance that the truck must receive on a regular basis. If any of these rules are broken – such as by letting someone without a commercial driver’s license (CDL) operate a semi-truck – then it could cause a truck accident.

Truck crashes are also different because the truck driver is usually working for an employer. For this reason, an accident victim may be able to pursue a claim against both the trucker and the trucking company. These trucking companies are often large corporations backed by even larger insurance companies. An aggressive Staten Island truck accident attorney will help you hold the truck driver and their employer liable for your injuries.

Truck accidents may be caused by any number of factors, including:

• Driver fatigue, including from violations of the hours-of-service regulations
• Aggressive driving, such as tailgating
• Speeding
• Distracted driving, such as eating, using a GPS, or texting while driving
• Impaired driving, including the use of stimulants to help a truck driver stay alert while on the road for long hours
• Poor weather conditions
• Improper truck maintenance
• Lack of training for the truck driver

In any of these situations, the truck driver and their employer may be held responsible for any injuries that they cause.

The key to proving liability in a truck accident case is gathering evidence to prove that the truck driver or trucking company was somehow at fault, whether by violating federal regulations or simply by being careless when operating the vehicle. Our legal team will thoroughly investigate the facts of the case to build a claim. We will seek out:

• Accident reports from law enforcement that document the details of the crash;
• Witness statements;
• Photos and videos of the accident scene;
• Black box data from the commercial truck will show things like speed and brake use leading up to the accident;
• Logbook entries that will show hours driven and rest periods taken;
• Maintenance records from the trucking company; and
• Drug and alcohol test results from the truck driver.

We will also work with accident reconstruction experts to show that the accident was caused by the trucker.

Proving liability is necessary if you want to recover fair compensation for your injuries. Too often, insurance companies attempt to downplay the extent of your injuries in order to pay out as little as possible on a claim. We will analyze your medical records and work with experts in the field to show the extent of your losses and help you get the compensation that you deserve for your losses.

Getting Maximum Compensation in a Truck Accident Case

Through a personal injury lawsuit, you may be entitled to three types of damages: economic, noneconomic, and punitive damages. Economic and noneconomic damages compensate an injury victim for their losses. Punitive damages punish a person or company that acted intentionally or recklessly.

Truck accident cases often involve severe injuries due to the size difference between the average passenger vehicle and commercial trucks. These types of injuries often mean huge medical bills as well as things like ongoing pain and suffering. Compensatory damages cover these losses:

• Economic damages pay for direct financial losses, such as property damage, medical expenses, future medical treatment, lost wages, and reduced earning capacity. If you suffered a catastrophic injury, economic damages may also include things like money to renovate your home to make it accessible.
• Noneconomic damages pay for indirect losses that are just as important. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.

Our Staten Island truck accident lawyers won’t simply accept the insurance company’s lowball settlement offer. Instead, we will work hard to get you the money that you deserve so that you can move forward with your life.

In some cases, you may also be entitled to punitive damages if your injuries were caused by intentional or reckless conduct. For example, if the truck company knew that the brakes needed to be replaced on one of their big rigs but decided to save money by waiting to replace them, punitive damages may be awarded. Similarly, if the truck driver was driving under the influence, then you may be able to get punitive damages.

If a loved one died in a truck crash, then you may be able to file a wrongful death claim on behalf of the estate. Through a wrongful death action, you can recover financial compensation for funeral and burial expenses, medical expenses, loss of companionship, and the loss of financial support. A Staten Island personal injury attorney can help you understand your right to recover money in a wrongful death lawsuit.

In any truck accident case, the insurance company will attempt to settle the case for as little money as possible. If you want to get a fair settlement that truly reflects the extent of your losses, you will need the help of an experienced truck accident attorney. They will review your medical records and other evidence to prove your damages and hold the defendants responsible for your losses.

Work with a Staten Island Truck Accident Law Firm

Truck accidents can be especially scary given the sheer size of 18-wheelers. Truck accident victims often suffer serious injuries in these crashes – and may struggle to get a fair settlement for their injuries. We will take on the big insurance companies for you and help you get the money that you deserve.

The O’Connor  Law Firm represents clients who have been hurt in truck accidents and other types of motor vehicle accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Staten Island truck accident attorney, give us a call at 866-927-3809 or fill out our online contact form.