Kingston Truck Accident Attorneys
Representing Ulster County Injury Victims in Claims Against Powerful Trucking Companies
Tractor trailer and truck accidents often cause extensive damage to drivers who are in vehicles smaller than tractor trailers, and the idea of suing a trucking company for those damages can be intimidating.
Our dedicated legal team understands the devastating impact that truck accidents can have on individuals and their families, and we are committed to pursuing justice on their behalf.
We have a proven track record of securing favorable outcomes for clients involved in truck accident cases:
- $4,000,000 - After a devastating rear-end collision involving another tractor-trailer, a truck driver suffered failed back syndrome.
- $2,000,000 - Our client, traveling solo, was the victim of a head-on collision with a pickup truck driven on behalf of a major auto parts retailer.
- $1,296,217 - Following a collision with a commercial truck, our client's mother went into premature labor, resulting in catastrophic injuries for the newborn.
The Kingston truck accident attorneys of Basch Keegan & Spada are here to help you recover fair compensation for your collision-related injuries and damages. We are available to discuss the details of your case.
Unique & Common Causes of Truck & Tractor Trailer Accidents
Many of the reckless driving behaviors that contribute to car accidents can cause truck accidents as well. For example, distracted driving and driver fatigue are often the cause of truck accidents. However, tractor trailer operation also presents risks that are unique to truck accidents. Truck drivers are often under strict and rigorous deadlines that require them. When they do get the opportunity to sleep, it is often in an unfamiliar place that is not conducive to proper sleep efforts. This makes fatigued driving an increased risk for truck driving accidents.
Additionally, negligence in a trucking company’s operations or the actions of a truck driver can be a cause of collisions.
Here is a breakdown of the most common causes of truck and tractor trailer accidents include:
- General reckless driving
- Overweight or hazardous cargo
- Maintenance and repair issues
- Road conditions
- Other safety violations
- Distracted driving
- Driver fatigue / Hours of Service violations
- Defective vehicle parts
- Negligent hiring and training
- Driving under the influence of alcohol and drugs
Violating FMSCA Regulations
FMCSA, the Federal Motor Carrier Safety Administration, oversees various aspects of trucking operations in the United States, including regulations related to truck accidents.
Some important regulations that pertain to truck accidents include:
- Hours of Service (HOS) Regulations: These regulations govern the amount of time commercial motor vehicle (CMV) drivers can spend on duty and driving. The purpose is to prevent driver fatigue, which is a significant factor in many truck accidents. HOS regulations specify maximum driving hours per day and week, as well as mandatory rest breaks.
- Driver Qualifications: FMCSA mandates certain qualifications for commercial truck drivers, including holding a valid commercial driver's license (CDL) and meeting medical fitness standards. Ensuring that drivers are properly trained and qualified helps reduce the likelihood of accidents due to inadequate skills or health issues.
- Vehicle Maintenance and Inspections: FMCSA regulations require regular inspection and maintenance of commercial vehicles to ensure they are in safe operating condition. Trucks must undergo periodic inspections, and any defects or issues must be addressed promptly. Proper maintenance helps prevent accidents caused by mechanical failures.
- Drug and Alcohol Testing: FMCSA mandates drug and alcohol testing for commercial truck drivers. Drivers are subject to pre-employment testing, random testing, post-accident testing, and reasonable suspicion testing. This regulation aims to ensure that drivers operate vehicles safely without impairment.
- Cargo Securement: Regulations exist to ensure that cargo is properly secured on commercial vehicles to prevent shifting or falling during transit. Improperly secured cargo can lead to accidents, particularly when cargo spills onto the roadway or causes the vehicle to become unstable.
- Electronic Logging Device (ELD) Mandate: FMCSA requires the use of electronic logging devices to record drivers' hours of service accurately. ELDs replace traditional paper logbooks and help enforce HOS regulations more effectively, reducing the likelihood of drivers exceeding their allowable driving hours.
- Crash Reporting and Investigation: FMCSA requires the reporting of certain truck accidents, particularly those involving fatalities, injuries, or significant property damage. The agency investigates these accidents to identify contributing factors and enforce safety regulations.
Who is Liable for Truck Accidents?
As you can see, many of the most common causes of tractor trailer and truck accidents are factors that are out of the driver’s control. In these cases, who is liable for resulting damages?
Trucking companies are almost always involved in accident cases involving their drivers. A driver’s employer may be directly at fault for collisions resulting from safety violations, too-demanding schedules, or instances in which a driver was hired despite inexperience or a history of reckless driving.
Although drivers are often ultimately responsible for causing collisions, the cause of those collisions can often be attributed to the negligence of employers. Even in cases in which a driver is almost completely responsible for a truck accident — such as in cases of distracted driving or DUI — trucking companies are involved in litigation. Oftentimes, they have large legal teams and insurance providers to back them up.
Third parties may be liable for tractor trailer accidents in some instances. In cases in which poor vehicle or road maintenance is to blame, the people responsible for maintaining a truck or the road could be found at fault. If parties who are responsible for investigating and regulating the safety or trucking companies fall short, resulting in an accident, they may be liable for damages.
Bus Accident Damages
Bus accidents often cause severe injury to victims, and as a result, extensive financial and emotional damages.
Most buses do not have seatbelts, and riders may be standing up at the time an accident occurs. This can cause riders to fall, hit their head, or sustain other injuries caused by a lack of safety restraints.
In cases of bus collisions with other drivers, bicyclists, and pedestrians, life-altering injuries commonly result. The size of buses in comparison to the average car, motorcycle, or bike, and the impact of a bus hitting a person who is walking, often results in catastrophic injuries or may be fatal.
The injuries caused by bus accidents often require expensive treatment to resolve. Victims may be responsible for costly medical bills, lost wages, and other financial damages. Additionally, a victim may sustain non-economic damages, such as pain and suffering. The Kingston bus accident attorneys of Basch Keegan & Spada are dedicated to helping you recover the compensation you deserve.
Evidence of Neglect in Tractor Trailer and Truck Accident Cases
Trucking companies often maintain extensive records of their business. These records can be useful if you are injured in a truck accident. Additionally, tractor trailers often have devices that track the use of the vehicles, such as the “black box,” which records data on a truck’s operations.
The following pieces of evidence may be useful in your truck or tractor trailer accident case:
- Photographs of the accident scene
- Medical records
- Evidence of your time off work and lost wages
- Witness accounts
- Hiring documents from the trucking company
- Hours of Service records, trip logs, and GPS data
- Photographs of your injuries
- Bills
- Traffic surveillance footage
- Black box data from the tractor trailer
- Safety violation records
- Police report
Contact Us to Schedule a Free Consultation
Hiring a truck accident lawyer from Basch Keegan & Spada is crucial for several reasons. First and foremost, we specialize in navigating the complexities of truck accident cases. These cases often involve multiple parties, including trucking companies, insurance companies, and potentially other drivers. Our expertise allows us to handle intricate legal proceedings effectively.
Secondly, our team understands the specific laws and regulations governing commercial trucking. This knowledge is vital for building a strong case on behalf of our clients. We can identify any violations of these regulations by the truck driver or the trucking company, which may have contributed to the accident.
Additionally, we have the resources to conduct thorough investigations into truck accidents. This includes gathering evidence such as witness statements, accident reports, and data from the truck’s black box. Our meticulous approach ensures no stone is left unturned in determining liability and securing fair compensation for our clients.
Lastly, truck accidents often result in severe injuries or even fatalities due to the size and weight disparity between trucks and other vehicles. In such cases, having a skilled truck accident lawyer is essential for maximizing the compensation our clients recover. We fight tirelessly so our clients are fairly compensated for medical expenses, lost wages, pain and suffering, and other damages.
We offer around-the-clock support to people who have been injured by the negligence of truck drivers, their employers, and third parties. During a free consultation, you can discuss your unique circumstances with our experienced lawyers and learn how we can help you.
Our team can be contacted 24/7 via phone at (845) 251-4545, as well as through our online form. Reach out to us to schedule a free consultation with our truck and tractor trailer accident attorneys in Kingston.
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