Our Family of Lawyers Has Been Helping Injured People For Three Generations Commerce in our nation relies on the use of tractor trailers and other large trucks to move goods along our roads in large quantities. However, because they weigh so much more than the cars that most people drive, these trucks can pose a serious hazard to drivers in Westchester.
For that reason, both federal and state governments passed laws that establish certain standards for public safety that truck operators must meet. Unfortunately, truck drivers and companies do not always meet these requirements, and the results can be catastrophic. Truck accidents frequently cause serious injuries which should have been prevented if the driver, trucking company, or manufacturer of equipment had taken proper care.
Companies involved in truck accidents typically want to minimize expenses and may pressure accident victims to accept quick settlement offers that are not sufficient to meet a victim’s long-term needs. Before making statements about your accident or agreeing to any offers, talk to an experienced personal injury attorney. A Westchester truck accident lawyer can help determine the best course of action for your case and protect your rights.
Common Factors Causing Westchester Truck Accidents
A truck accident is usually not the result of intentional wrongdoing. Nevertheless, when someone fails to fulfill a duty of care that they owe to others on the road, that failure may create a risk of harm. If others are then hurt, those responsible may be held liable for any damages.
Often, truck accidents are caused by a combination of factors, many of which were preventable if those involved took proper precautions. Common causes of truck accidents in Westchester include:
- Driving while distracted
- Defects in equipment
- Poorly executed or missed maintenance
- Driving too fast for road conditions
- Improperly loaded or overloaded cargo causing poor handling
- Driving during bad weather or in other hazardous conditions
- Driving while fatigued or under the influence of improper substances
The parties who may be held liable for the results of a truck collision include the manufacturers of vehicles or component parts that failed, owners and drivers of the vehicles, companies that employ the drivers of the trucks, and companies that provide maintenance for the trucks. In an attempt to file a successful injury claim, get in touch with a Westchester truck accident lawyer.
The Dangers of Driver Fatigue
Driving while drowsy impairs a motorist’s cognition and reactivity. A recent study from the AAA Foundation for Traffic Safety highlights the dangerous effects of drowsy driving. According to this study, drowsy driving is as risky as intoxicated driving; drowsy drivers simply cannot operate a motor vehicle safely given their impairment.
Drowsy driving is risky regardless of the type of vehicle the motorist drives. However, when a truck driver operates their vehicle while drowsy the risk increases exponentially.
Truck driver fatigue is a serious issue in Westchester, especially considering the major highways that run through the County. A sleepy driver behind the wheel of a 10,000-pound vehicle can easily cause a crash that results in severe injury to others on the road. For more information, consult with a Westchester truck accident lawyer.
Recovering Compensation After a Truck Accident
State law provides a number of remedies that may be available to those injured in Westchester truck accidents. Monetary awards provided to compensate for injuries and other harm suffered are referred to as damages. A court may award damages to cover tangible costs such as medical bills, as well as intangible effects such as emotional distress.
Tangible costs for which compensation is often available include past and future medical expenses, wages lost due to time off work in the past and anticipated days off in the future, compensation to make up for diminished earning capacity in the future, costs of assistance needed or modifications made to the home due to injuries, and property damage.
Intangible consequences for which a truck accident victim may receive compensation include pain and suffering caused by the accident, emotional distress, and loss of enjoyment of certain activities.
Talking to a Westchester Truck Accident Attorney
Insurance companies make use of skilled adjusters and legal staff to keep their payouts low. If you were hurt as a result of a truck driver’s negligence, you should have a strong legal team from Tomkiel & Tomkiel protecting your rights as well.
A knowledgeable Westchester truck accident lawyer with Tomkiel & Tomkiel can help you evaluate your long-term effects and costs related to your accident so that you can properly evaluate any settlement offers. We can advocate on your behalf in negotiations as well as in court, working hard to pursue the full and fair compensation to which you are entitled. Call today to learn more and how we should help you!
