How to Find Evidence of Negligence in A Truck Accident Case?

Truck accidents are often catastrophic as the crash of a vehicle with any oversized pickup truck can lead to grave injuries and in many cases death. Federal Law gives the right to the sufferer to seek monetary compensation from the person or company responsible for the accident. But you need to determine the liability for the accident and find evidence of negligence, which is difficult, so the best way is to hire a truck accident attorney in New York.

How to define negligence?

If you are considering filing a claim, it is important to understand the meaning of negligence in the legal context. Negligence means someone fails to follow the rules and takes that level of care that anyone would have shown in a similar situation. It also includes actions or omissions while helping others. Suppose you are driving in a town and a vehicle slam into another vehicle causing injuries. If it is known that the driver who slammed your vehicle was drunk or talking on their mobile, then that person is held responsible for the financial losses. 

But to prove negligence is not easy, so it is always best to hire a truck accident attorney in New York. 

These are the following criteria to prove negligence:

A driver must show a duty of care to prevent any case accident, which means the defendant has a legal obligation to protect them from unreasonable harm. Drivers should comply with traffic laws and remain cautious while driving trucks.

Breach of Duty: It means the driver failed to fulfill the duty of care intentionally. It is a wrongful act, a failure to act, or careless driving.

Cause of accident: It should be proved that the breach of duty caused injury to recover the compensation. 

Damages: The plaintiff should present the actual losses or financial expenses due to the injury. Suppose you have suffered less injury and the medical expense bill is less, but you are claiming double compensation then you need to present medical expense bills or any other expenses that you are supposed to forego.

The best evidence, in this case, is the medical report, which shows that the injuries sustained is caused by the accident. The court then decides settlement after analyzing injuries and the amount incurred on the damaged vehicle. The police report is another piece of evidence that shows the causes and damage. 

Get the Accident Reconstruction Process Completed 

Accident reconstruction is a process of filing and gathering information about an accident. With this process, you can get all the information to understand the factors that led to an accident and what you should have done to prevent it. It also helps attorneys to find the different aspects of the accident that include: 

Cause of accident

· Speed, position, and time in which the vehicle was driving

· Reason behind the accident 

· Factors that resulted in the accident

· Implications and consequences 

· Direction in which the vehicle has been driving.

· The vehicle's acceleration process and deceleration.

In the process, the reconstruction expert gathers evidence regarding the collision. If the person is hired quickly, the reconstructionist can go to the accident scene and find important evidence, like any marks or damage to the vehicle. If the accident occurred a long time back, the expert could review pictures of the accident scene and the extent of the damage to a vehicle. All this information is then added to accident reconstruction software or a simulation model to make out the accident.

Some of the variables that the reconstruction worker considers are:

. Size and weight of the vehicle

· Dimensions

· Steering and breaking information

· Surfaces traveled.

· Weather condition

· Condition of road 

· Travel direction.

The reconstruction expert presents time histories of the vehicle’s movement and conducts some experiments about the traveling, and other related information till the simulation matches the evidence.

If the accident warrants more investigation, videography specialists recreate the collision scene. Videos are designed to create event scenes and are very helpful if a criminal or civil trial is the outcome. Attorneys also depend on accident experts to help them prepare the case for trial.

Finding the evidence of the truck driver's non-compliance with the industrial regulations.

Commercial truck drivers and carriers should comply with the truck industry regulations. if a driver or carrier fails to follow the laws, the case can get filed to hold a driver liable for the violation that led to an accident. Some on-duty truckers involve liable parties that include.

· Drivers

· Carrier

· Manufacturers 

· Maintenance Companies

· Brokers 

· Shippers 

Truckers have strict limitations on the hours they can drive and the breaks they can take 

Use of Alcohol: When they drive under the influence of alcohol, truckers are subjected to lower blood alcohol concentration (BAC) limits. A BAC of .04 is a violation.

Training: Truckers also should undergo training to operate commercial vehicles and hold a commercial driver’s license.

There are many laws and regulations that a truck driver needs to follow, as our team has an intense knowledge of the law and understands how to use violations to help set up negligence.  

Overall, finding negligence is not easy. The best way is to hire a truck accident attorney in New York. You can find a highly experienced lawyer from Godosky & Gentile. It is a leading law firm to find the evidence and to make your case strong. You can also have your truck accident claim evaluated by an accident attorney. The firm offers a free initial consultation and a flexible appointment schedule for your convenience. No legal fees are accepted for handling truck accident cases till a verdict or settlement is obtained.