Rochester Truck Accident Lawyer
Truck accidents can be devastating. Many victims of truck accidents suffer painful and debilitating injuries because of the size of the vehicles involved. The injuries caused by truck accidents can be difficult to endure.
Fortunately, victims of truck accidents may be entitled to financial compensation. Those injured because of truck accidents will either file a claim with their own insurers or file lawsuits against at-fault drivers. An experienced truck accident lawyer can help explain the legal options available to you.
If you were injured because of a truck accident in Rochester, get help recovering the compensation you deserve. Contact our experienced Rochester truck accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Serious Injury Threshold for Rochester Truck Accident Cases
Courts in Rochester follow no fault insurance laws. This means that in most cases, victims of truck accidents must file claims with their own insurance companies to recover damages related to their crashes. However, an exception exists for those who suffer “serious” injuries. Under New York Insurance Law § 5104, victims that suffer serious injuries may file lawsuits against at-fault drivers. The following types of injuries are considered serious under New York Insurance Law § 5102:
- Substantial disfigurement
- Fractured or broken bones
- Permanent restriction of use of a body part or organ
- Substantial restriction of use of a body function or system
- Significantly full disability that lasts a minimum of 90 days
Additional categories of damages will be available to those who can file motorcycle accident lawsuits. Our Rochester truck accident lawyers can help victims determine if their injuries are considered serious under New York law.
Common Causes of Truck Accidents in Rochester
Truck accidents can be caused by numerous types of negligent behavior. The following are common forms of negligent behavior that lead to truck accidents in Rochester:
Speeding
Many truck drivers are under pressure from trucking companies to deliver their loads on time. Accordingly, a great number of truck accidents are caused by hurried drivers operating their vehicles at excessive speeds. Drivers travelling at excessive speeds will have difficulty reacting if a vehicle in front of them needs to brake or change lanes. Furthermore, accidents that occur at high speeds are more likely to cause serious injuries. Our Rochester truck accident lawyers can help recover monetary damages after truck accidents caused by speeding drivers.
Tired Drivers
Truck drivers may also be pressured into staying on the road for extended periods of time. Accordingly, many crashes are caused by tired drivers. Such drivers are prone to making a multitude of mistakes behind the wheel. For example, a tired truck driver may cause a head-on collision by veering out of his lane on a two-lane highway. Our team can help prove that negligent motorists and trucking companies were at fault for accidents caused by tired drivers.
Distracted Driving
Distracted driving is also a very common cause of truck accidents. Drivers become distracted when they take their hands off the wheel, eyes off the road, or attention off the task of driving. The following are activities that frequently distract drivers in Rochester:
- Talking on the phone
- Texting
- Playing music on a mobile device
- Entering information into a GPS
- Eating or drinking
- Talking with passengers
- Scrolling through social media
Our experienced Rochester truck accident lawyers can help determine if your accident was caused by a distracted driver.
Improper Lane Changes
Many truck accidents are caused by drivers who commit improper lane changes. Motorists can commit improper lane changes by failing to use turn signals or by attempting to switch lanes in illegal zones. Accidents caused by improper lane changes can produce a wide range of severe injuries.
Inappropriate Use of Tiedowns
Lastly, inappropriate use of tiedowns is another common cause of truck accidents in Rochester. Tiedowns are devices used to secure cargo. When truck drivers and trucking companies do not properly secure their cargo, serious accidents can occur.
Truck Accidents Caused by Inappropriate Use of Tiedowns in Rochester
Many truck accidents are caused by inappropriate use of tiedowns used to secure cargo on commercial trucks. There are numerous cargo securement regulations established by the Federal Motor Carrier Safety Administration (FMCSA) that govern the use of tiedowns. Our Rochester truck accident lawyers can investigate whether a crash was caused by inappropriate use of tiedowns in your case.
What is a Tiedown?
A tiedown, as defined by the FMCSA, is a combination of securing devices that attach cargo to a truck or restrain cargo on a truck while attached to multiple anchor points. The FMCSA considers the following items to be tiedowns:
- Webbings
- Webbing ratchets
- D-rings
- Ropes
- Chains
- Binders
- Shackles
The use of tiedowns is necessary to ensure that commercial cargo is safely secured. Truck drivers and trucking companies that fail to use tiedowns can cause severe accidents.
Appropriate Use of Tiedowns
Each tiedown must be secured in a way that keeps it from coming loose or unfastening while a truck is in transit. Furthermore, each tiedown used to secure loads on a trailer equipped with rub rails should be located inside of the rub rails whenever reasonable. Edge protection must also be used to protect tiedowns from wearing down. Our Rochester truck accident lawyers can help victims recover monetary damages from truck drivers and trucking companies who do not properly secure their tiedowns.
Unmarked Tiedowns
Many tiedowns have weight ratings on them while some are unmarked. Truck drivers and trucking companies are permitted to use both types. However, these parties can be held liable for crashes caused by improper use of unmarked tiedowns.
Certain types of unmarked tiedowns will have an assumed working load limit. For instance, unmarked chains are assumed to have a weight rating identical to that of a grade 30 proof coil. If a truck driver uses an unmarked tiedown to secure a load that surpasses the device’s assumed weight rating, the driver may be held liable for accidents caused by his improper cargo securement. Our Rochester truck accident lawyers can offer support to victims of crashes caused by inappropriate use of unmarked tiedowns.
If You Were Injured Because of a Truck Accident in Rochester, Our Lawyers Can Help
If you were injured because of a truck accident, seek assistance from our experienced Rochester truck accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.