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Scenarios Surrounding a Commercial Truck Accident
A Newark truck accident can involve a car truck crash, pedestrian truck accident, motorcycle truck wreck or a number of other scenarios. A car that weighs an average of 3k pounds is no match for an 18-wheeler loaded to capacity weighing in over 80k pounds. For obvious reasons the driver and passengers in the car often sustain serious life changing injuries, while the trucker is rarely hurt. These accidents are rarely fender benders, and can wreak physical, emotional and financial havoc on the accident victims. In other scenarios, when a semi-truck makes a turn, it has to swing wide due to the length of the tractor-trailer. Sometimes a car in the outside lane is hit, or if the driver takes the corner too close, the end of the trailer can inadvertently run over the walkway and hit pedestrians or bicyclists on the sidewalk. Also, it is not uncommon for a motorcycle to end up in the blind spot of a commercial truck. As one can imagine, wrongful death is often the result. One more type of truck accident worth mentioning involves a delivery truck. Because the driver is constantly searching for an address on a building while on their daily route, they are often distracted and cause accidents. In fact distracted driving has been the cause of three times more accidents than those caused by drunk drivers. Whatever the circumstances surrounding your involvement in a truck accident, you absolutely should rely on the expertise of Newark truck accident lawyers to protect your rights and fight for the compensation you need and deserve.
THERE MAY BE MORE THAN ONE CONTRIBUTING FACTOR IN YOUR TRUCK ACCIDENT...
Causes
A Newark truck accident can result due to a number of contributing factors, but a negligent act by the truck driver may be the reason your wreck occurred. Overly tired drivers are often behind the wheel. This may be due to the fact they have driven longer hours than what federal laws mandate, in order to bring home more on their paycheck. An exhausted truck driver can turn a big rig into a dangerous weapon on the road. They may have been driving under the influence of illegal or prescription drugs or alcohol, may have been texting while driving or driving distracted due to cell phone use, driving over posted speed limits, tailgating, making improper turns or lane changes, and so on. Statistics do point to the fact that truck driver negligence is not the main cause of commercial truck accidents however. Faulty equipment can also cause an accident and may include a brake system that fails, a tire that blows out, chains or straps that break causing the load to fall off the truck at high speeds, design defects, failure in the trailer attachment mechanism, manufacturing defects, etc. In some cases a truck is not properly maintained according to required safety standards, which might also contribute to a wreck. In certain situations the surface of the road is damaged and causes the problem, or inclement weather conditions. In each one of these scenarios a different party or parties may be liable. It is not uncommon for more than one party to be named in a Newark truck accident lawsuit.
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Injuries
Quite obviously injuries vary due to the nature of the accident, but the most common injuries include cuts, bruises and lacerations, facial disfigurement, broken bones, concussions, TBI (traumatic brain injury) open and closed head injuries, serious abdominal trauma and internal organ damage, amputation of limbs, coma, spinal cord injury, whiplash, paralysis, and death. Another common result of the violent event is post-traumatic stress syndrome. A truck accident victim can recover monetary damages in most cases, as we will cover later in the article.
THERE MAY BE MORE THAN ONE LIABLE PARTY...
At Fault Parties
When serious injuries are sustained, a number of parties could be at least partially responsible for your injuries. If the driver or trucking company was negligent in anyway, they can both be named in the lawsuit. Also an independent owner operator, truck manufacturer, the manufacturer of a faulty part, the trailer manufacturer, the company whose product is being shipped, a lessor of the truck or lessee, a government entity in charge of road maintenance, a private property owner, and so on. This takes the experience and skill of Newark truck accident lawyers to identify all liable parties in a claim. It is rarely cut and dry and takes extensive investigation.
LARGE TRUCKING COMPANIES DO NOT INTIMIDATE US...
Federal Trucking Industry Oversight
The commercial trucking industry must adhere to both state and federal safety regulations. This federal oversight is one reason that Newark truck accidents are not handled in the same manner as automobile accidents. The FMCSA (Federal Motor Carrier Safety Administration), which is a division of the United States Department of Transportation, puts forth strict guidelines that govern truckers and trucking companies. Their oversight includes the process of hiring drivers, training drivers, licensing drivers and much more. Knowledge of these laws is critical when litigating a trucking accident personal injury lawsuit. Surprising to most is the fact that a lot of large trucks carry a device much like the ‚¬"black box‚¬ carried in commercial aircraft. These instruments are designed to record data regarding speed, RPMs, braking and much more. The device is a tell-all of what occurred before during and after a wreck. If the data is not favorable to the trucking company, it will not be mentioned. Experienced Newark truck accident lawyers are well aware of how to get access to the information, which may help you build a solid case.
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Important Tips to Build a Solid Case
Document, Document, Document... This is one of the best pieces of advice we can give you regarding a Newark truck accident. While a law enforcement officer will write up an accident report and take photos, often times they miss a key element. If you are physically able, use your cell phone to take photos of all of the motor vehicles involved. If not, ask someone that was with you or a witness to do so in your behalf. Also try to include pictures of the roadway, gouges, debris, tire marks, and anything else in the area. You can trust the fact the parties at fault will immediately dispatch their own team of investigators who may try to slant the way the evidence is presented in their favor. It is also very important to write down everything you can remember leading up to your North Jersey truck accident, the accident itself and anything you can remember following the wreck. Any photos that you get may be used by a variety of experts who will analyze the accident scene and may use them in your behalf during a trial, if your case gets that far.
Another important tip is to never make a statement to any insurance agent, without first sp
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