Frequently Asked Questions About Trucking Accidents In New York
What Steps Has The Federal Motor Carrier Safety Administration Taken To Try And Reduce The Risks Of These Accidents?
They have implemented a lot of regulations concerning how long a driver can drive on the road at one given time to try and reduce the fatigue factor and they have regulations on how much time has to pass between shifts or how many hours in a week a given driver can drive. They also have the qualifications for driver fitness that they try to make sure there are only healthy people who aren’t going to have sudden emergencies behind the wheel of a big truck or while driving these trucks. They also do tend to keep tabs or maintain and assemble data to study different accident patterns to try to find ways to reduce the accidents that are happening.
Based On The Complexity Of The Trucking Accidents, Why Would Someone Need An Experienced Trucking Accident Attorney?
Trucks are different, explains Attorney Michael Joseph. The way they operate is different, the way they move is different. In every trucking accident case, our truck accident lawyers regularly consult with experts who are familiar with these types of cases, the mechanics of a truck, we have regular experts that we use, some of whom are former truck drivers.
You really need to understand trucks and how they work and how they operate to be able to effectively handle these cases. In one recent case, there was a garbage truck where they thought they had a sudden brake failure, it was an act of God, no one could avoid it and that was their claim but then we consulted with a diesel mechanic and then deposed every diesel mechanic in the City’s garage who worked on this particular truck both before and after the accident. Our New York truck accident lawyers proved the driver was at fault because the City of White Plains’ own diesel mechanics admitted that the driver’s testimony was absolutely impossible because the trucks involved have airbrakes. If there is an airbrake failure, there is an automatic safety that comes on and stops the truck on a dime. So, his testimony that it was a sudden airbrake failure was a mechanical impossibility, basically. Those are the sort of things our truck accident attorneys know which allows us to effectively represent our clients.
In another case where it was hard to determine how much or who crossed the line, we were able to measure the actual roadway and the amount of sway that the truck had at the given speed and were able to determine that it was more likely than not that the truck swayed because the accident occurred on a curved portion of the highway. So, truck accident attorneys have to really understand the trucks, how they operate and the New York truck accident lawyers at the law firm of Michael Joseph have that experience and a lot of people who haven’t handled a truck accident don’t really have that type of experience.
Additionally, you have to be familiar with the Federal Motor Carrier Safety Administration rules and regulations to be able to effectively handle one of these truck accident cases. But a lot of times, attorneys who aren’t familiar will ask for certain documents and the response would be, “We don’t have that,” because you didn’t ask for it correctly. You may ask for a prior accident report but you didn’t ask for all documents required by a certain code section.
Are There A Lot Of Things That A General Attorney Wouldn’t Know To Look For And Use In A Case?
Correct. There’s a lot of stuff out there that truck accident lawyers who have a lot of experience in these cases like the law form of Michael Joseph, know to ask for. They know what’s out there and they know how to get it and a lot of even the defense bar, who works for an insurance company, when they see this, first they will ask their clients for certain documents but they won’t even ask them for certain things that are required by the rules and regulations, so when they see our discovery demand and they say, “Oh, we’re not in possession”, we know exactly what regulations to say “Oh, no, no”. Court requires that, so turn it over or we’re going to ask for sanctions and then we end up getting it.
To get answers to more Frequently Asked Questions About Trucking Accidents, call the law office of Michael Joseph for a free initial consultation at (212) 858-0503 and get the information and legal answers you’re seeking.