Ray Arenofsky - Attorney At Law

How Do Trucking Accidents Differ From Passenger Vehicle Accidents?

Trucking accidents differ from passenger vehicle accidents in that there are different rules and regulations that apply to commercial trucks and trucking accidents. A good lawyer should know what those regulations are, which involve how long a driver can drive without sleeping, how much footage they have, the speed at which they can drive, and the amount of insurance they must carry. Trucks also have different blind spots, weight and size, and because of their length and size, truck drivers have to be more careful. Trucking accidents will also cause more serious injuries, including death and paralysis. Truck drivers have a huge responsibility because the damage that they can inflict is magnified compared to drivers of private small trucks. The trucking industry is a world unto itself, and you really have to know the rules, regulations, and violations.

What Are Some Severe Injuries That May Result From a Trucking Accident?

If the impact in a trucking accident is not too bad, then whiplash, sprains, strains and other small injuries may result. If there is a severe collision, then horrible injuries could result, including broken bones, quadriplegia, paraplegia, brain damage and loss of organs.

What Evidence At The Scene Is Important To Preserve And Collect In These Cases?

It is important to take pictures of the scene if it is safe to do so. There have been cases in which people were so busy trying to collect evidence at the scene that they were hit by another vehicle. I would also advise that you call the police. A lawyer who is trained will have an accident reconstructionist perform measurements and other tests in order to determine who caused the accident. Also, a private investigator may be used to obtain witness statements, the statement of the defendant driver and whatever other things are helpful to prove the case.

Different states have different laws in terms of who can collect damages in an accident. For example, if you are found to have been 20% at fault for an accident in Arizona, then you would be able to collect 80% of the damages. If you were found to have been 51% at fault, then you would be able to collect 49% of the damages. In some states, being 51% at fault means that you are unable to collect anything. Regardless, your lawyer should get a top-notch investigator out on the scene in order to preserve evidence to determine who was at fault.

Sometimes truck drivers will feel so guilty about making a mistake that caused an accident they will admit that they hadn’t been getting a lot of sleep or will admit to something else of that nature. All statements and witness accounts are important to document; it could be the difference between having a case and not having a case.

Documenting skid marks, points of impact on the vehicles and the condition of the tires is also very important. An entire case can turn on the evidence that is gathered in the beginning. Liquor bottles or drug paraphernalia could be found in the truck or near the truck. You may actually find evidence that is damaging to your own witness or damaging to a third vehicle involved in the accident. Obtaining the evidence while it’s fresh is very important because people change their stories and forget things. If you just have one neutral eyewitness, then you go from having a shaky case to possibly an excellent case.

For more information on Trucking Accidents vs. Car Accidents, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.

Ray Arenofsky - Attorney At Law

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