Truck accidents in New York are a significant concern. In 2022, there were 1,175 traffic fatalities in the state, the highest number since 2013. This increase coincided with a 7% decrease in vehicle miles traveled and a 12.5% decline in traffic accidents between 2019 and 2022.
If you’ve been involved in a truck accident in New York, it’s essential to understand how a lawyer can prove a trucking company was negligent. A truck accident lawyer at Morelli Law can assist you in gathering evidence, such as driver logs, maintenance records, and GPS data, to establish negligence. They can also work with accident reconstruction experts to demonstrate how the trucking company’s actions led to the accident.
Understanding Negligence
Negligence is an aspect of injury law that occurs when someone fails to take the necessary care in a given situation and causes harm as a result. In trucking company cases, negligence could stem from not maintaining vehicles, inadequate driver training, or not following safety rules. Lawyers must collect proof to demonstrate how the company failed to fulfill its responsibility of ensuring care.
Gathering Evidence
The journey of establishing negligence typically starts by gathering evidence. Lawyers might secure accident reports, statements from witnesses, and photos taken at the scene. Examining the vehicle damages offers perspectives, too. Furthermore, reviewing documents from the trucking company, like maintenance logs and driver records, can uncover signs of negligence or breaches in regulations.
Analyzing Driver Conduct
In such situations, the driver’s conduct is a factor at play. Legal experts will examine whether the truck operator followed the rules and norms set by the industry and the law. This examination could involve going through logs of work hours to confirm adherence to regulations on breaks. Showing signs of being distracted while driving, using substances, or engaging in dangerous behaviors can strengthen claims of negligence.
Evaluating Company Practices
An attorney investigates the truck company’s operations beyond what each driver does by checking hiring practices to see if they correctly screen drivers and reviewing training programs to ensure they adhere to industry norms. Any shortcomings in these aspects may suggest a broader pattern of neglect that could prompt legal action against the company.
Establishing Regulatory Violations
Trucking firms must follow regulations set by both the government and state authorities. Any violations of these regulations can be used as indicators of negligence. Legal experts typically scrutinize adherence to weight restrictions and cargo-securing procedures. They also verify vehicle inspection requirements. Notably, documented breaches can present reasonable evidence, indicating a company’s failure to prioritize operations.
Expert Testimony
In negligence cases, expert witnesses are often involved in the proceedings. This is particularly true when specialists in accident reconstruction examine the event to shed light on the company’s role in the crash caused by negligence. Similarly, trucking regulation experts can elucidate industry norms and point out any violations by the company or its drivers.
Utilizing Technology
Today’s technology plays a key role in determining negligence in truck accident cases. Lawyers often use electronic data collected from the truck’s onboard systems, like GPS or electronic logging tools, to piece together the events preceding the accident. This data provides insights into factors such as speed limits and braking habits that can help strengthen arguments for negligence.
Presenting the Case
After collecting evidence, lawyers present the case in court. This includes arranging facts to show clearly how the trucking company’s carelessness led to the accident. They make a logical case that appeals to judges or jury members. Highlighting the company’s failure to take responsibility for the harm is crucial.
Negotiating Settlements
In instances of negligence, cases end with agreements reached through negotiations between the parties involved before proceeding to trial in courtrooms. Attorneys use evidence to advocate for fair compensation on their client’s behalf by highlighting their arguments’ merits, which can convince trucking companies to resolve disputes outside the legal system and bypass the unpredictable nature of a trial proceeding.
Conclusion
Establishing negligence in truck accidents requires a strategy that involves lawyers delving into a maze of proof, laws, and standards prevalent in the industry. Through examination and smart allocation of tools, they determine responsibility and stand up for the interests of those involved in accidents. By ensuring truck companies are held responsible for their actions, legal experts promote road safety and ensure justice for individuals impacted by negligence.