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There are over ten million commercial trucks in the United States. These commercial freight trucks often weigh twenty times the weight of a passenger car at around 80,000 pounds. Oftentimes, the drivers of these massive commercial trucks are overworked or drowsy. Unfortunately, it only takes one misstep to result in devastating injuries. If you or a loved one has been injured in an accident with a truck, please call the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC today.
Common Questions in Truck Accident Cases
If you were involved in an accident with a delivery truck, eighteen-wheeler, or other commercial truck, claiming compensation can be complicated. That is why it is critical to discuss your case with a knowledgeable legal professional.
Some of the most important legal questions that arise following any truck accident include:
When you consult with a personal injury attorney at Lipsitz, Ponterio & Comerford, LLC, we will thoroughly examine the circumstances of your case. Gathering information and evidence can help to determine the viability of your truck accident claim.
Common Causes of Commercial Truck Accidents
According to one study from the Federal Motor Carrier Safety Administration (FMCSA), negligence is the driving cause of nearly 90% of commercial trucking accidents. When someone’s negligence has caused you to become injured, you deserve justice.
The leading cause of truck accidents is driver error. The most common scenarios that result in driver error are driving fatigue, drug or alcohol use, and faulty equipment.
Because of the long shifts that many truck drivers must work, fatigue is a common problem. Most truck drivers are compensated by the number of miles that they drive. Some drivers are tempted to speed in order to make more money.
Also, many truck drivers work more hours than other types of employees. The FMCSA has instituted regulations regarding the number of hours that truck drivers can work.
For example, truck drivers cannot drive more than 11 hours in any 14-hour period. They are also prohibited from working more than 60 hours in any seven-day period.
These regulations are intended to ensure that drivers get enough rest. However, some truck drivers and companies violate these rules. When this happens, they may be driving while fatigued.
Driving while fatigued or drowsy can cause:
When truck drivers do not get adequate rest, they are more likely to maneuver in negligent or dangerous ways.
Drug and Alcohol Impairment
Obviously, truck drivers are legally prohibited from using drugs or alcohol while they are working. Still, some drivers do operate their vehicles under the influence of alcohol or other drugs.
Driving under the influence is incredibly dangerous in normal passenger vehicles. Because of the enormous size of commercial trucks, driving a truck while intoxicated can lead to even more disastrous accidents.
Commercial drivers are subject to drug screenings before qualifying to drive a freight truck. Also, the FMCSA requires companies to enact randomized drug tests on employees each year.
Driving while under the influence of drugs or alcohol can cause:
After a truck accident, the driver is also subjected to a drug test. The involvement of drugs and alcohol increases the risks of dangerous trucking accidents.
Another leading cause of truck accidents is faulty equipment resulting in mechanical failure. Faulty equipment can be the result of manufacturing errors, including defective tires or bras, and design problems, such as a failure to include object detection systems.
Even if there are no problems in the manufacturing or design of trucking equipment, proper maintenance is required. Failing to adequately maintain commercial trucking equipment can result in mechanical failure.
A few common maintenance oversights include:
These are only a few examples of the common causes of commercial trucking accidents. Other examples include traffic signal failure, inclement weather, and road design problems.
Because these cases can involve a complex range of factors, it is critical to speak with a lawyer. The skilled truck accident lawyers at Lipsitz, Ponterio & Comerford, LLC proudly serve accident victims in Buffalo, Rochester, and Syracuse, NY.
Claiming Damages in a Truck Accident Case
If you have been injured in a truck accident, you may be entitled to financial compensation. A legal professional can help you determine the value of your truck accident case.
When you are hoping to claim damages through this type of personal injury claim, it is important to know what to expect.
A legal expert can determine whether the truck driver and company were negligent. There may be more than one liable party in a commercial truck accident.
Federal and state regulations specify the following for commercial trucks:
Understanding the details of federal and state trucking regulations is critical for a successful personal injury case. A skilled legal expert will examine the facts of your case to determine who is at fault for your accident and injuries.
When more than one party’s negligence resulted in harm to you, you can seek financial recovery from all of the responsible parties. For the best legal representation in Buffalo, Syracuse, and Rochester, NY, reach out to the personal injury attorneys at Lipsitz, Ponterio & Comerford, LLC.
Examples of Damages in Truck Accidents
If you have been injured in a commercial truck accident, you may be wondering what types of compensation you are entitled to. The legal term for payments made to an injury victim is “damages.”
In civil legal cases, damages fall into two primary categories: “economic” and “non-economic.”
Economic damages are quantifiable expenses, such as medical bills. Money is most often paid to cover medical bills and related expenses, but financial compensation can also account for things like lost wages due to time taken off from work.
Some of the most common examples of economic damages include:
In a truck accident case, attorneys use receipts, invoices, and bills to determine the sum of economic damages.
Damages that are not directly related to a financial expense are referred to as non-economic damages. These types of damages are common in truck accident cases and can be included in personal injury awards.
Some common examples of non-economic damages include:
Determining appropriate non-economic damages in an injury case is complex.
Truck Accident Lawyers at Lipsitz, Ponterio & Comerford, LLC
For the highest quality legal representation in Syracuse, Rochester, and Buffalo, NY, contact the law firm of Lipsitz, Ponterio & Comerford, LLC. Our experienced legal team has the skills necessary to fight effectively for your best interests.
Do not let negligent trucking companies, drivers, or insurance providers deny you the money that is rightfully yours. When you are injured because of another party’s negligence, you deserve justice.
If you or a loved one has been injured in a truck accident, please contact us for a free and confidential evaluation.
There are surely many excellent, smart, and hard-working attorneys and John Comerford and Zach Woods rank as those. What sets John and Zach apart from those other excellent, smart, and hard-working attorneys are two factors. The first factor is passion. They truly care about what they do and they truly are in it to help people. The money they make (which is substantial) is a result of that passion and not the root of what drives them. The second factor is, for lack of a better phrase, simply “customer service.” If you call or email John or Zach, they will either pick up right away or, if they are busy, they respond quickly that “hey, we will get right back to you.” And then they get actually back to you. So if you have suffered a substantial, life-changing, catastrophic injury, the burden of that injury is enough. You shouldn’t also contend with passionless and aloof attorneys – and that is why you should choose John and Zach. – Justin C.
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