If you have been injured in a crash with a tractor trailer in New York, your injuries could be life-altering. Are you eligible to receive compensation for commercial truck accidents? Here is some important information that will help get you started. If you wish to file a claim, contact our experienced Buffalo truck accident attorneys today.
Compensation for Commercial Truck Accidents | Insurance Investigation
When we get clients calling us about commercial truck accidents, the important thing to know is that there are variables that are much different with these types of cases. There are logbook requirements, documentation the drivers are required to prepare and provide, limitations set by both the federal and state government that also require drivers to report how long they are on the road, how many days in a row they’ve been driving, and weigh ins. They’re required to do safety inspections that are also written and documented that they must produce.
When you’re involved in a big truck accident, they typically involve insurance policies that are much bigger, as required by federal and state law. Also, there could be a plethora of knowledge that we can get through discovery that would not be available in a traditional car versus car accident.
Compensation for Commercial Truck Accidents | Truck Driver Reimbursement
On many occasions, we’re called by professional drivers who have been involved in accidents while driving tractor trailers. In that circumstance, a couple of things come into play. If that driver is an employee of a business, they’re covered by worker’s compensation first and foremost, and they will provide the traditional no-fault benefits. An independent driver may or may not have trade worker’s compensation because, if the entity for which that driver works is a sole proprietorship, New York does not traditionally require them to carry comp; however, they would look to the no-fault carrier for the vehicle in which they were injured to provide those benefits.
Once the initial package of benefits that is properly available to them is established, the case is dealt with much like any other, except that truck drivers are required to do certain additional things, such as: undergo periodic inspections, keep log books, and ensure that their load is properly secured. We work to make sure our own client isn’t found to have been negligent regarding any of those issues. If our own client is the truck driver, we look into certain special factors and, even if our client was negligent, if it contributes, other drivers or people involved in the accident may also be at fault.
If you are seeking compensation for a commercial truck accident, please contact our office today to schedule a free consultation with our experienced Buffalo truck accident attorneys