Unique Aspects of Long Island Truck Accident Cases
There are several factors that make truck accident cases in Long Island unique. For example, New York is a comparative negligence jurisdiction meaning the liability for the accident can be shared. Therefore, it is important to work with an experienced truck accident lawyer if you or a loved one were hurt in a collision with a tractor-trailer.
Unique Ways Truck Accident Claims Are Handled
Truck accident cases, for the most part, are handled in the same manner as other vehicular accidents. However, there are some differences. For example, often in truck accidents, attorneys want to go to the scene and physically examine the truck to see not only if there were any malfunctions but also to get the driver’s perspective as far as their vantage point and ability to see other vehicles.
They also want to see photographs of the truck if it is damaged completely. The lawyers will need to check for any video recordings in the surrounding area of that truck and speak to any witnesses. They also would like to see if the truck has a black box, which many new vehicles have, and whether the truck or truck driver has a history of accidents.
Determining Negligence in Long Island
Long Island is a comparative negligence jurisdiction. In other words, anyone involved in a truck accident in Long Island will be assigned a percentage of fault by the judge or jury. For example, if somebody is walking in the middle of the street and gets hit by a truck, a jury is allowed to assign a percentage of liability against the truck driver. They may assign 50 percent and they may assign 50 percent of liability against the pedestrian bringing the claim. If they do award damages to the person, the award will be reduced proportionately.
There are various scenarios that will generally move liability further towards the plaintiff or the defendant’s side. If a driver disobeys traffic signs such as a stop sign or red light, they would be considered more liable. Driver violations or driver inattention that can be proven will generally result in one party being considered completely liable.
What to Do After a Tractor-Trailer Collision
The first step a person should take when they are in a truck accident is getting emergency help, either from an ambulance, police officer, or fire department. Next, they should take photos and videos with their camera, if possible, to document the scene of the accident and the damage.
If possible, the person should try to find an attorney within a week of the accident. It is important to contact an attorney early because it is important for them to be able to get out and inspect the truck while it is still around and not sold or not destroyed. The more evidence an attorney is able to collect soon after an accident, the stronger a claim will be. They want to find an experienced local lawyer in Long Island because there is a good chance the lawyer has dealt with similar accidents and may be familiar with the location. This experience can help them build a strong claim.
An Attorney Can Be a Guide Through the Unique Aspects of Long Island Truck Accident Cases
Because Long Island is a huge business hub for retail and wholesale factories, there is a lot of business activity here and, therefore, there are a lot of trucks. People need to be aware of the dangers they present, especially in terms of visibility and maneuverability. If you or your loved one was in an accident involving a truck, call a well-versed truck accident attorney today for a consultation. An attorney can help you better understand the unique aspects of truck accident cases in Long Island.