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Hire a Commercial Vehicle and Truck Accident Attorney in Buffalo, NY

Published October 9, 2024 by David Wolff
Hire a Commercial Vehicle and Truck Accident Attorney in Buffalo, NY

No matter how skilled you are behind the wheel, you’re probably unnerved by the sight of freight tractor trailer trucks flying past you on the highway, and for good reason. Big rigs cause thousands of accidents annually, and many of those hit by a semi-truck don’t survive.

If you’ve been hit by a large truck, our firm is here to help. Here’s what to know from a commercial vehicle and truck accident attorney in Buffalo, NY.

What Causes Commercial Vehicle Accidents?

Truck accidents share many of the same causes as regular car accidents, such as speeding and simple carelessness. Big rig collisions can also happen because of:

  • Driver fatigue. Drivers must follow certain regulations determining how long they can stay on the road without breaks. Some drivers might skip a nap and continue driving because they’re in a rush.
  • Improper loading. Many truckers are paid by the load, so it’s no surprise that they jam as many packages into their trailers as possible, leading to poor weight distribution or a load heavier than the trailer can handle.
  • Driver inexperience. Handling a big rig is nothing like driving a car, which is why drivers need commercial training before they hit the road. A lack of training is a common cause of truck accidents.

Understanding Truck Driver Negligence

Regardless of how the truck accident happened, your commercial vehicle and truck accident attorney in Buffalo, NY, will need to prove that the driver acted negligently. They must demonstrate these elements:

  • Duty of care: The trucker had a duty to act responsibly while behind the wheel.
  • Breach of duty: The trucker breached this duty (for example, by driving while tired or speeding).
  • Causation: The trucker’s actions directly led to your accident.
  • Damages: You suffered compensable damages.

Liability for Truck Accidents

Who is liable for truck accidents? It might not only be the truck driver. Several other parties might share some of the blame; if so, you can file a commercial vehicle insurance claim against each.

Possible liable parties include:

  • The trucker’s employer: The trucking company might be responsible if it failed to train the driver, forced the driver to work longer than allowed, or hired a driver without doing a background check.
  • The loading company: If a loading company was responsible for loading the trailer and did a poor job of it, that company may be liable.
  • The truck manufacturer: If the truck had a defective part, the manufacturer might be responsible.

Compensation for Your Commercial Vehicle Accident

Truck accident compensation might include the following:

  • Medical expenses for ambulance transportation, hospitalization, surgery, and follow-up care
  • Lost wages and loss of earning potential
  • Non-economic damages, such as mental anguish and pain and suffering

What To Do After Your Truck Accident

For the strongest chance of recovering damages, here’s what to do after the collision:

  • Call law enforcement and file a police report, which your lawyer will need to prove your case. The police will also talk to witnesses and gather evidence.
  • Take pictures of the accident scene if you’re able. Include photos of injuries, your car, the truck, and anything that might have contributed to the crash.
  • See a doctor promptly. Do so even if you don’t think you’re hurt. The doctor can determine the extent of your injuries and document them for your attorney.
  • Avoid talking to anyone (other than your lawyer) about the accident.
  • Call an attorney promptly. Trucking companies have strong legal teams, so you’ll need an excellent lawyer of your own.

Call a Commercial Vehicle and Truck Accident Attorney in Buffalo, NY

To chat with a commercial vehicle accident attorney, call Cantor, Wolff, Nicastro & Hall LLC at (716) 848-8000 or contact us online.

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