The devastation of a truck accident can and often does lead others to believe the trucking company or truck driver must be at fault. Oftentimes, this conclusion of fault is assumed because of the size of the truck and general bias towards the trucking industry in general. However, just because a truck is involved does not automatically mean the insurance company should pay an outrageous settlement just to have the matter put to rest. For New York drivers, trucking companies and insurance companies, relying on a solid truck accident defense attorney and having someone take the time to consider the unique factors of the case can prove to be a beneficial move.
When a trucking company has utilized industry standards and new technology to ensure safety, the incident may not be the fault of the truck driver or company at all. It is important for a defense team to investigate if certain features were employed and working properly. Such features may include the use of collision warning sensors and Jacobs breaking systems.
The details of the actions or behavior of a driver before a truck accident can also provide valuable insight that may offset the quest for an exaggerated settlement. For example, paperless log systems may show a driver was legal to drive at that time and rule out fatigue on the part of the driver. Tachographs may also prove valuable as a means of showing speed on the part of the driver was not a factor either.
The quest to prove a truck accident in New York was not the fault or the complete fault of a driver or trucking company can be a daunting task as the deck is often stacked against truck drivers and companies. However, these entities and individuals can be irreparably harmed by a situation that may not be their fault at all. With a solid truck accident defense and access to the facts of a case, a fair resolution can be obtained. Our firm’s website has more information about the importance of a solid truck accident defense plan.