Albany Attorneys For People Injured In Trucking Accidents
Truck accidents are among the most dreaded types of motor vehicle accidents for good reasons. A truck’s size and momentum usually mean that in a collision, the occupants of smaller vehicles are likely to be killed or seriously injured.
If you have been injured as a driver or passenger of another vehicle, your medical condition may be grave. Your recovery may be long and arduous. Medical expenses, rehabilitation and financial losses are likely to be a great challenge for your whole family.
From the legal side of a truck accident, you should realize that the trucking company or any commercial entity associated with it – including insurers – will likely have their defense lawyers on the scene right away. Ideally, you should level the playing field by having representation by your own attorneys as soon as possible.
At Smalline and Harri, you will find experienced, attentive plaintiffs’ lawyers ready to protect your rights after a truck accident.
Causes Of Truck Accidents And Why They Matter
The most important legal aspect of a truck accident for someone outside the truck is to determine who is liable to pay for their injuries. If you suffered a spinal cord injury, traumatic brain injury, broken bones, or back, neck or shoulder injuries in a truck accident, you need legal advice as soon as possible.
If our Albany attorneys represent you, we will conduct an investigation to determine the cause of the crash. We may learn that your truck accident was likely caused in whole or in part by:
- The truck driver’s impaired driving, fatigue or distracted driving
- The trucker’s failure to conduct an inspection to confirm the functionality of the lights, brakes and trailer hitch before taking the truck on the road
- An inspector who did not flag a truck when it should have failed inspection
- The truck dispatcher’s pressure on the driver, perhaps compelling him or her to drive without sufficient rest breaks
- A traffic violation by the truck driver or another driver that set off a chain reaction involving the truck
- Loading dock crew members whose negligent work resulted in an imbalanced or overweight load
These are some of the most common examples of reasons that truck accidents happen, but the list is not exclusive. If we represent you after a truck accident, we will leave no stone unturned as we look for the needle in the haystack. Our goal is to develop a compelling, persuasive case as if for trial.
Who Can Be Held Liable For A Truck Accident?
Liability is rarely limited to the truck driver. Other parties that can be held liable include:
- Trucking companies for negligent hiring, training or maintenance
- Manufacturers of defective brakes, tires or other parts
- Cargo loaders or shippers for unsafe loads
- Maintenance facilities that ignore safety standards
- Third-party motorists who trigger a chain reaction
- In rare cases, government entities for hazardous road conditions
Our Albany truck accident attorney can investigate which party was liable for the truck accident.
The Importance Of Evidence In Truck Accident Cases
Strong claims depend on prompt evidence gathering, including:
- Black box data (event data recorders) showing speed, braking and throttle.
- Electronic driver logs (ELDs) proving hours-of-service violations.
- Inspection, maintenance and repair records that reveal neglect.
- Accident reconstruction reports from qualified experts.
- Eyewitness statements and police reports.
- Medical records that connect injuries to the crash.
- Photos and video of the scene, vehicle damage and injuries.
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules covering hours of service, vehicle inspections and driver qualifications. Breaches can point to negligence, strengthening your Albany trucking accident case.
Types Of Damages You Can Recover
Compensation may cover both past and future costs of care. Lost income is another major concern. Wages already missed and reduced future earning ability are compensable. Beyond financial losses, the law recognizes pain and suffering, mental anguish and the strain such injuries place on family relationships.
Spouses may recover for loss of companionship and support. When property is destroyed, repair or replacement costs are included. In certain cases, punitive damages may be available if reckless or intentional conduct by a driver or trucking company is proven.
Wrongful Death Claims In Truck Accidents
If a crash results in a fatality, our Albany truck accident attorneys guide families through a wrongful death truck accident claim in Albany with compassion and clarity. A surviving spouse, children or sometimes parents may file. Recoverable damages include funeral and burial costs, lost financial support, and the value of companionship and guidance the deceased provided.
Statute Of Limitations For Truck Accident Claims
In New York, most truck accident claims must be filed within three years of the crash. Wrongful death actions allow only two years from the date of death. Working with our truck accident lawyer in Albany, New York, or commercial truck accident attorney in Albany right away protects your right to compensation.
How We Can Secure The Compensation That You Need
With our strong trial record, we are confident that we can get a good outcome for you through negotiations or mediation. But we will prepare to persuade a judge and jury of your case if necessary.
Get your case started now. We will represent you on a contingency basis. You will not owe attorney fees until we recover compensation for you. Call 518-704-4604 or email us to discuss the next steps.