The accidents caused by fatigue or distraction of truck drivers are a growing concern on our roads. The large size of these types of vehicles can cause a great deal of serious injuries, and even death to a victim. Do you know how to act in such a case to defend your rights?
As a victim of a truck accident, especially when it is caused by the distraction or fatigue of a driver, the law provides you with a series of rights with which you can have the opportunity to obtain a millionaire compensation, guaranteeing your financial recovery after the fact.
If you have been a victim of such an incident, it is important that you know your rights and know how to defend them. In this article, we will tell you in detail the steps you can take to protect your legal rights if you find yourself in this unfortunate situation.
From identifying signs of fatigue and distraction in the driver to seeking expert legal advice, we will provide you with the necessary tools to fight for justice and obtain the compensation you deserve.
Remember that at Nonna Shikh Law we are ready to help you seek justice in your New York accident case. Call us now at 718-295-4000 or schedule a consultation.
Also check out: Traffic accidents: how to claim compensation for your personal injuries
What are my rights as a victim of a truck accident caused by a fatigued or distracted driver?
As a victim of a truck accident in New York caused by a fatigued or distracted driver, you have several rights that you can exercise to protect your interests and have access to a millionaire compensation that covers all expenses related to your injuries. Some of these rights include:
- Right to safety: You have the right to travel safely on public roads without unnecessary risks due to fatigued or distracted drivers.
- Right to compensation: If you were injured or suffered damages due to the accident, you have the right to seek compensation for your injuries, medical expenses, lost wages, property damage, and other damages suffered.
- Right to file a lawsuit: You can file a lawsuit against the negligent driver and possibly against the truck company if it is determined that they have failed to meet their legal obligations.
- Right to legal assistance: You have the right to seek expert legal advice and representation to help you navigate the legal process, file a lawsuit, and negotiate a fair settlement.
- Right to investigation: You can demand a thorough investigation of the accident to determine the causes and responsibilities involved, which can support your case and strengthen your legal claims.
Each of these rights provides you with the opportunity to resolve your case in the most satisfactory way, aiming for the financial recovery of all expenses caused by your injuries, so that you can regain your well-being without further worries.
What can I do to defend my rights after an accident of this type?
After being involved in a truck accident caused by a fatigued or distracted driver, there are several steps you can take to defend your rights and receive each of the benefits you deserve by law. Some of the most important are:
Seek medical attention
The first thing you should do is seek immediate medical attention to evaluate and treat your injuries. In addition to taking care of your health, obtaining a detailed medical report will help document your injuries and establish a causal relationship between the accident and your medical conditions.
Report the accident
Make sure to report the accident to the appropriate authorities, such as the police or traffic guard, so an official accident report can be made. Provide an accurate description of the events and make sure to obtain a copy of the report for your records.
Collect evidence
Gather all available evidence related to the accident. This may include photographs of the scene, witness testimonies, security camera footage or accident recordings, phone call records or messages that demonstrate driver distraction, and any other relevant documents. All of this evidence will support your case.
Contact a specialized traffic accident lawyer
Seek legal advice from a truck accident and personal injury lawyer. An experienced lawyer in this field can evaluate your case, advise you on your legal rights and options, and represent you in negotiations with insurance companies or other involved parties.
Document your expenses and losses
Keep a detailed record of all expenses related to the accident, such as medical bills, rehabilitation expenses, medication, lost wages due to inability to work, and any other related expenses. These records will support your compensation claim.
Initiate an insurance claim
Notify your insurance company about the accident and file an insurance claim. Provide all relevant documentation and fully cooperate with the insurance company’s investigation process. However, be cautious when speaking with insurance adjusters and avoid providing information that could harm your case without legal representation.
Consider a legal lawsuit
If you cannot reach a satisfactory agreement with the insurance company or if it is determined that the driver or truck owning company is responsible for the accident due to their negligence, you may consider filing a legal lawsuit to seek fair compensation. Your lawyer will guide you through this process.
Get legal advice to seek justice for your injuries
If you have been a victim of a truck accident caused by driver fatigue or distraction, it is essential that you take steps to defend your rights and seek the compensation you deserve, always with the legal support of a good team of accident lawyers to help you seek justice.
At Nonna Shikh Law, we understand the challenges faced by victims of truck accidents and are committed to providing the necessary legal support to protect your interests. Our team of highly trained and experienced lawyers in New York is here to guide you through this complicated process.
You are not alone in this process! Our lawyers are ready to help you obtain the justice and compensation you deserve. Call us now at 718-295-4000 or schedule a free consultation so we can evaluate your case and provide you with the solution you are looking for.
You may also be interested in: Important Evidence to Gather for Filing a Lawsuit After a Traffic Accident
FAQs
What are common signs of fatigue in truck drivers?
Common signs of fatigue in truck drivers may include frequent yawning, tired or heavy eyes, difficulty keeping eyes open, problems with focus and attention, decreased reaction time, changes in speed or driving pattern, lack of concentration, irritability, and drowsiness.
These indicators are important warning signs that a driver may be experiencing fatigue, which significantly increases the risk of a truck accident.
What actions are considered common distractions for truck drivers?
In New York City, some common actions that are considered distractions for truck drivers include:
- Using electronic devices, such as mobile phones, to send text messages or make calls.
- Eating or drinking while driving.
- Adjusting vehicle controls.
- Manipulating navigation systems.
- Reading maps or instructions.
- Getting distracted by billboards or events on the street.
- Prolonged or emotional conversations with passengers.
These distractions can divert the driver’s attention from the road and significantly increase the risk of truck accidents.
What evidence is needed to prove driver fatigue or distraction in a truck accident?
To prove driver fatigue or distraction in a truck accident, solid evidence needs to be collected. Some types of evidence that may be useful include driver hours of service and rest records, eyewitness testimony of distracted or drowsy driver behavior, police reports indicating possible cause of distraction or fatigue, phone call records or messages demonstrating phone use while driving, security camera footage or accident recordings, and any other document or proof that supports the claim that the driver was fatigued or distracted at the time of the accident.
How long do I have to file a lawsuit after a truck accident?
In New York City, the time to file a lawsuit after a truck accident is subject to what is known as the statute of limitations. Generally, in cases of personal injury due to truck accidents, the statute of limitations is three years from the date of the accident.
However, it is always important to have the professional opinion of a team of accident lawyers who know your rights and the process that must be followed to enforce them. Call today at 718-295-4000 and work with top-notch legal lawyers ready to seek justice for your injuries.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.