Rochester Truck Accident Lawyer 

If you or someone you love has been in a serious trucking accident, you are dealing with a lot of questions, pain, and suffering. You’ll likely want to find out what steps you can take to receive financial help for your losses and expenses. Covering these costs on your own is a daunting task. 

The liable parties should be involved in these costs. Using a Rochester truck accident attorney can help you decide your next steps and know your rights. If the accident wasn’t your fault, you shouldn’t have to deal with the financial and emotional baggage on your own. Seek help from a professional for this.

Liability in Rochester Truck Accidents

Accidents involving large trucks tend to be more complex than regular vehicle accidents. Oftentimes you may think the truck driver is at fault for the Rochester accident, but there are many other areas where responsibility may lie.

These other areas include, but are not limited to: 

  • The trucking companies
  • Truck manufacturer
  • Government entities
  • Insurance companies
  • The shipping company that loads the cargo

If the driver of the truck is an independent contractor that doesn’t work under a company directly, it may be beneficial to investigate how the company supervises these contractors. These commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA).

What To Do After a Rochester Truck Accident

There is often confusion about the next steps following a truck accident. You may have gotten seriously injured, or may just be shaken up. You want to make sure police and emergency workers are on their way to the site after an accident. 

Police will write up reports that tell the fault, what happened, injuries, and more involved in the accident. You will also want to document as much as you can about the crash, including getting any photos of the incident, damages, and injuries sustained. 

You will want to make sure you receive medical attention as soon as possible after the accident. Having this treatment for any injuries, even if they’re not known, is important in the case of seeking compensation in a claim. 

Leading Causes of Truck Accidents in Rochester

While many things can lead up to truck accidents happening, knowing the cause can help you determine liability. Once you know who’s liable for your Rochester truck accident, you have a better chance to get compensated fairly. The main causes of truck accidents include:

  • Driver Errors – When the driver is acting recklessly behind the wheel, is too drowsy to be driving or may be under the influence of drugs or alcohol, this causes serious accidents to happen.
  • Poorly-Maintained Trucks – These trucks cost a lot to own and operate, which means many companies may cut corners to keep them running. When this happens, accidents can occur that injure not just others but also the driver inside the truck.
  • Failure of Equipment – Defective parts are usually not the fault of the driver but can come with serious consequences if they break while on the road. 
  • Improperly-Loaded Cargo – When cargo isn’t secured properly, the weight can cause the cargo to fall off of the truck, onto the road, or even onto other vehicles. This causes crashes, injuries, and sometimes even death. 

Types of Rochester Truck Accident Lawsuits

There are many types of truck accident claims that can be brought up in court with help of an experienced lawyer. Having an idea of the different claims can help you determine if your case fits within these categories.

Negligence Claims

These claims are filed for victims to receive compensation for their injuries sustained in an accident against a truck. This is usually based on the negligence of the truck driver. They may have not been trained well, overloaded the trucks, failed to see the other drivers, failed to obey the traffic laws, been tired or intoxicated while driving, and a series of other factors.

The victim has to show that the driver acted negligently while driving the truck. This then led to the accident happening and the injuries sustained. The trucking company, driver, owner of the truck, and insurance companies may be liable under this claim.

Product Liability Claims 

If there was a defect in the truck or one of the components that it is made up of, there may be a claim against the manufacturer of the truck. This is based on the manufacturer’s negligence to provide a safe, stable truck to drive in. 

In order to show this in a claim, you have to show that the part was unreasonably dangerous, it was being operated as the manufacturer intended, and the performance of the truck hasn’t changed since first purchased. 

Product liability might also fall under strict liability claims. Proof of negligence is unnecessary in these situations. The defect just has to be shown to originate in the manufacturing process. Analysis, testing, and even testimonies from experts will be needed to prove this. 

Wrongful Death Claims 

When truck accidents are so severe that victims do not survive the crash, this might be a basis for a wrongful death claim. The family of the deceased victim may want to bring a claim against the responsible party to recover compensation for the losses they’ve suffered. 

The family will have to prove the same things as a negligence claim as if the victim was filing the claim on their own. This claim can help the family recover non-economic, economic, and punitive damages at times for their loss.

Establishing Negligence Following a Rochester Truck Accident

If you were injured during the truck accident and you wish to file a claim against the responsible party for compensation, you have to establish negligence. This can be against the truck driver, the company of the truck or other parties you feel are responsible.

Your attorney will establish the parameters of the duty’s that the truck driver had. They will then have to show that the driver breached this duty. When they did so, this resulted in the accident and the injuries you sustained. 

Some examples of negligence that must be proven are speeding, texting while driving, driving under the influence, running a stop light or sign, or falling asleep at the wheel. Due to the high risks involved with truck driving, the FMCSA has set strict guidelines to follow. 

These guidelines state that the truck driver must detail everything in a logbook, document the hours, services, and rest breaks they take during their work hours, and adhere to strict sleeping schedules and maintenance requirements, along with a series of other rules and regulations.

Determining Compensation After a Truck Accident

As with any personal injury lawsuits, there are two types of compensation available to those injured or harmed in a truck accident. They fall into two categories: economic damages and non-economic damages. 

Economic damages involve compensation for specific monetary costs you want to have help covering. This covers everything from current, past, and future medical expenses to compensate for extended medical attention and care. Other damages, like property damage or lost wages, may also be included in these damages. 

Non-economic damages will provide the victim with compensation for non-financial, intangible losses. This includes the pain and suffering that was caused due to the crash. This includes both physical and emotional suffering.

The specific injury, extent of pain, and length of suffering all go into consideration when calculating the compensation amount. Any fright, embarrassment, worry, embarrassment, grief, or other emotional distress is also included. 

Punitive damages may also be awarded if the actions of the responsible party were deemed to be fraudulent, willful, reckless, or otherwise malicious. This is to punish the offender and discourage them from doing the same things in the future. 

Seek Legal Counsel from a Truck Accident Lawyer in Rochester

If you have been hurt in a Rochester truck accident, don’t wait any longer to seek legal counsel. You want to contact a law office as soon as possible to receive the advice you need to move ahead. With an experienced attorney, you can look into the options available.

Here at Brown Chiari LLP, we can offer more insight into your situation. You just need to call us at 716-681-7190 or fill out our contact form to schedule a free consultation. Your Rochester truck accident lawyer will help you get the answers you need.