Articles Posted in Truck Accident

CDL-Blog-scaledOperating a commercial vehicle is vastly different and more challenging than driving a passenger vehicle. Large trucks weigh up to 80,000 pounds and are often 30 times heavier than the average passenger vehicle. The massive size and weight of semi-trucks drastically exacerbate the impact and damage they can inflict in the unfortunate event of an accident. The stopping distances required for these enormous vehicles are considerably longer. Consequently, obtaining a commercial driver’s license is imperative because of the additional training and skills needed to operate a semi-truck safely.

Do I Need A Commercial Driver’s License? 

Truckers must obtain a commercial driver’s license (CDL) to drive certain vehicles, such as dump trucks, tractor-trailers, and tankers. A CDL is also required to operate a bus, stretch limousine, or any vehicle designed to transport 15 or more passengers. New York State requires truckers to have a CDL to drive any vehicle with a gross vehicle rating of more than 26,000 pounds. Additionally, a CDL is needed to operate any size vehicle carrying material classified as a select agent or toxin or requiring a hazardous material placard.

Car-Insurance-Blog-scaledEvery motorist must have automobile insurance to drive in New York State legally. You must fully understand your insurance policy because your coverage will determine what compensation you may receive in the unfortunate event of a collision. 

The Main Types Of Car Insurance Policies

Carefully reviewing your car insurance coverage can help protect you from unnecessary costs should you be involved in an accident. Types of car insurance include:

Cervical-collar-1-scaledWhiplash is an injury to the neck that a violent, swift back-and-forth neck movement can cause. The neck is a highly vulnerable body part, which is left unprotected and unrestrained even when wearing a seatbelt. A car crash victim’s neck can be forcefully jerked or jolted back and forth. Consequently, whiplash is one of the most prevalent injuries suffered in collisions, especially by rear-enders. Whiplash injuries commonly result from slip and fall accidents, physical abuse, and sports mishaps. While most whiplash victims tend to recover within a few weeks of a treatment regime, some victims continue having chronic pain and other persistent complications. 

Symptoms Of Whiplash 

The following signs and symptoms of a whiplash injury typically develop within days of the accident:

Attorney-Client-Relationship-Blog-scaledWhen you hire a personal injury attorney to litigate your accident case, knowing that you have certain rights as a client is crucial. Strict standards of ethical and professional responsibility bind personal injury lawyers. The relationship between an attorney and their client should be based on confidence and trust. At the Dietrich Law Firm P.C., our battle-tested litigators believe in building strong relationships with our clients. We take the attorney-client relationship exceptionally seriously and are dedicated to treating every client with the respect, consideration, and compassion they deserve. 

Rights And Privileges That Your Attorney Should Provide

As a client, you should be able to expect the following from your attorney:

Joint-and-Several-Liability-scaledPersonal injury accidents like car collisions often involve several parties. Whenever someone is partially to blame for a motor vehicle accident, they could be listed as a defendant and obligated to pay damages if found to be responsible for the plaintiff’s injuries. The rule of joint and several liability applies when there are multiple defendants. New York State’s joint and several liability law allows plaintiffs to hold defendants, individually or collectively, accountable for the total amount of their damages. In these cases, the plaintiff should consider how many defendants were involved, what percentage of fault can be allocated to each party, and each defendant’s automobile insurance policy coverage limits. Many drivers only carry New York’s minimum car insurance liability limits. While this may seem like enough coverage, the damages owed to victims in severe motor vehicle accidents often exceed these amounts.

Joint Liability Vs. Joint And Several Liability

Joint and joint and several liability legal principles allow victims to hold multiple defendants accountable for their actions. Joint liability differs from joint and several liability in that, in the first instance, the responsibility is spread equally among all of the defendants. In the latter, the responsibility shifts depending on the determined percentage of each defendant’s liability. A judge or a jury typically makes this determination. In New York State, defendants generally are held joint and severally responsible.

Request-Police-Report-scaledSuppose you were involved in a car crash and need to make an insurance claim or file a lawsuit. In that case, the Dietrich Law Firm P.C.’s top rated attorneys recommend obtaining a copy of the corresponding police report, also referred to as a police accident report. You can do this by going to the responding officer’s precinct and asking for it in person. The police department should be located in the jurisdiction where the accident occurred. However, you may be able to save yourself a trip by calling in advance to confirm. A copy of the police report will usually be provided for free. While it may be available immediately, sometimes it can take up to 30 days.   

You can also request a copy online if you cannot go in person. The New York State Department of Motor Vehicles (DMV) allows online requests for police reports. For electronically filed police reports, you should allow at least 14 days from the date of the accident. The DMV maintains accident reports for four years from the date of the incident. Although reports involving accidents where no one suffered injury or property damage exceeding $1,000 are not available online, you can obtain one by mailing in a Request for Copy of Accident Report (MV-198C).

What Will I Need To Retrieve My Police Report? 

Cement-Truck-scaledCement trucks transport wet cement to construct foundations, buildings, and driveways. When transporting cement, these massive trucks can weigh over 60,000 pounds. Since the weight of a concrete truck is disproportionately located in the mixing drum, these vehicles tend to be highly top-heavy. As a result, cement trucks have a rollover rate ten times higher than cars. When concrete truck drivers cause accidents, occupants of other vehicles risk suffering devastating injuries or worse. Every time a trucker slams on the brakes or makes a sharp turn, they place others in significant danger. Although collisions are bound to happen, many cement truck crashes occur because trucking companies, inattentive construction companies, or negligent truckers lack oversight.

Common Causes Of Cement Truck Collisions 

Most mixing trucks use pre-mixed wet concrete and other filling products. To prevent the concrete from hardening, it must be delivered quickly. This can place cement truck drivers under tremendous pressure to meet tight deadlines. Like other large truck accidents, concrete truck collisions frequently result from driver errors and insufficient maintenance. Some specific factors that regularly lead to cement truck accidents include:

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