Blog

Trucking accidents are complex on two fronts. Because they can weigh up to 80,000 lbs when carrying cargo, their ability to cause catastrophic damages in an accident is significant. Areas such as the BQE (Bronx Queens Expressway) can be challenging for New Yorkers to navigate, let alone an out-of-state truck driver carrying thousands of pounds of gas, oil, or other hazardous materials. 

The other challenge associated with this case is determining liability. Most trucking accidents require your attorney to conduct an extensive investigation into the root cause of an accident. Unlike a motor vehicle accident, multiple parties have a role in putting that truck on the road. Although the truck driver was the person who got into the accident, that doesn’t necessarily mean they are the at-fault party. 

Why There are More Variables to Consider 

Although there are owner-operators, many truck drivers work for a larger company. That means they do not own the truck, nor are they responsible for the rigorous maintenance that comes with them. They may have been forced into driving longer than it was safe to do so to keep their job. 

Entities such as the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulate and oversee the trucking industry. To maintain compliance, trucking companies keep detailed records. Although this information may be fundamental to proving your case, companies will likely not want to surrender it for this reason. The attorneys at Silberstein, Awad & Miklos, P.C., can subpoena them for you. 

The Evidence You Need

Most trucks are equipped with “black boxes,”  which are called Electronic On-Board Recorders (EOBR), that log all the information before, during, and after the accident. For example, if the truck was speeding, the EOBR proves it. Secondly, federal laws require drivers to take rest breaks and to document them in logbooks. It isn’t safe for the drivers or the other people on the road for them to stay on the road for extended periods.  

Additionally, phone records show whether the driver was using their phone during the accident. Cameras are typically located inside and outside of the truck, and they can provide footage of the driver and what the truck was doing before someone got injured. Lastly, maintenance records demonstrate whether the cause of the accident was due to the company’s failure to inspect and service the truck appropriately. 

Contact an Experienced Personal Injury Attorney 

The attorneys at Silberstein, Awad & Miklos have extensive experience representing victims of trucking accidents. Our role is to get you a financial settlement to offset the costs of healthcare and lost wages. Speak to one of our attorneys today by scheduling a free consultation.