Without a doubt, every auto accident can be a traumatic experience, but when one of the vehicles involved is a large commercial truck, the accident will likely have catastrophic consequences. The sheer weight and size of large trucks are no match for regular passenger vehicles.
According to a federal report published by the Congressional Research Service, although safety improvements have been made to cars and other non-commercial vehicles, a majority of serious injuries in collisions involving large trucks will be experienced by the occupants of the smaller vehicles. When a person is injured in a truck accident, the consequences can be permanent.
Compensation is Available After a Truck Accident
The freight industry is heavily regulated by both state and federal agencies. Despite this, truck drivers and truck companies continuously disregard laws, ultimately placing the lives of hundreds of drivers at risk of serious injury or even death. If you or someone you love has been injured in a traffic accident involving a large commercial truck, financial compensation may be available for the damages resulting from the accident.
At Lependorf & Silverstein, P.C., the truck accident attorneys are committed to championing on behalf of clients who have endured severe, life-changing injuries – the firm is prepared to take on even the most complex cases. The dedicated team at Lependorf & Silverstein, P.C. understands that injuries caused in most truck accident cases will usually result in a lifetime of economic hardship. The firm is well-prepared to handle the complex legal issues frequently involved in truck accident claims, and they are dedicated to ensuring the rights of their clients are upheld. If you need legal support following a devastating truck accident, consider contacting the attorneys at Lependorf & Silverstein, P.C. Call the office at (609) 240-0040 or fill out the completely private online form today.
Negligence in the Freight Industry
Being able to identify the cause of a truck accident is a critical component of a successful claim. According to research published by the Congressional Research Service, over 11 million large commercial vehicles weighing at over 10,000 pounds travel across U.S. roads. With every one of these vehicles, there are multiple drivers, truck companies, leasing companies, maintenance companies, vehicle part manufacturers, and other parties that could be held responsible in the event of an accident. When any of these parties violate their respective duty of care through a negligent action or intent to cause harm, they can face liability for the damages caused.
To prove negligence after a truck accident, it is necessary to establish the following elements: The accused party owed the plaintiff a legal duty of care; The accused party violated said duty of care through a reckless action, negligence, or intent to cause harm; The breach in duty resulted in the plaintiff’s injuries; and As a consequence of the injuries, the plaintiff suffered damages.
The aforementioned elements must be demonstrated by a preponderance of the evidence, which means it is necessary to demonstrate that it was more likely than not that the accused party’s actions meet the elements.
The Challenges in Proving Negligence
Negligence in truck accident cases can sometimes be easily demonstrated, particularly when the truck driver was breaking a law at the time of the accident. Other cases, however, will involve a thorough analysis of the facts in the case to prove negligence and ultimately demonstrate the party’s liability.
The following evidence can help prove negligence in a truck accident: Black box data, Forensic evidence, Witness accounts, Official accident reports, Expert testimony, Accident reconstruction, Surveillance footage, Photographs, The driver’s driving record, The driver’s hours of operation logbook, and The truck company’s vehicle maintenance records.
Taking Immediate Action After a Truck Accident Is Important
The investigation process after a truck accident is no simple feat. Making the process more complicated, certain evidence can be lost at the scene when it is not secured promptly. Furthermore, truck accident claims in New Jersey are subject to strict deadlines, where filing to adhere to the deadline will invalidate a claim.
If you or someone you love has been injured in a truck accident, it is important to consider obtaining the legal support of a well-versed law firm that has extensive experience handling these difficult cases. A law firm with the right resources can help establish liability, ensuring compensation is secured from the culpable party.
The attorneys at Lependorf & Silverstein, P.C. know that dealing with a catastrophic injury following a truck accident is not only time consuming, it is also emotionally devastating. The truck accident law firm is equipped to handle the most challenging cases and is prepared to begin building a case immediately. Consider obtaining the support of Lependorf & Silverstein, P.C. by filling out the online form or calling (609) 240-0040 today.