Both truckers and the motor carriers that employ them are under considerable pressure to transport cargo as quickly—and economically—as possible. To save time and money, it is not uncommon for trucking companies to ignore the hours of service regulations, fail to inspect their cargo, or skip mandatory maintenance checks. Unfortunately, any one of these oversights can lead to a catastrophic collision.
If you were hurt or lost a loved one in a wreck with a commercial truck, you may have grounds for a claim against the truck driver, the motor carrier, or another party. Attorney Scott Charnas is a seasoned truck accident lawyer who provides aggressive yet compassionate legal representation to clients in New York City and Massachusetts.
At Charnas Law Firm, we understand the physical, emotional, and financial stress of sustaining unanticipated injuries. Our legal team is passionate about helping innocent accident victims secure the compensation they deserve.
Attorney Scott Charnas works on a contingency fee basis, so you won’t have to pay any money upfront to take advantage of his services. Call 212-980-6800 to schedule a free case evaluation.
How to Prove Liability & Damages in a Truck Accident Claim
Every successful truck accident claim comes down to liability and damages. Even if liability seems obvious, you must be able to prove how the at-fault party breached the duty of care owed to you or your loved one. This might require the following evidence:
- Black box data;
- Weigh station records;
- Toll booth receipts;
- Cell phone records;
- The results of chemical tests;
- Photographs of the scene;
- Eyewitness testimony;
- Dash cam footage;
- Surveillance recordings; and
- Statements from an accident reconstruction expert.
You must also be able to prove damages to recover a fair settlement. Evidence of economic damages might include:
- Hospital bills;
- Income statements;
- Invoices for mobility equipment and medical devices;
- Quotes from contractors for home modifications; and
- Receipts from the mechanic for vehicle repairs.
Proving non-economic losses, such as mental anguish, scarring and disfigurement, and loss of enjoyment of life, is a bit more complicated because these damages are not objectively verifiable. Relevant evidence might include photographs of your injuries as they progress and journal entries detailing your everyday challenges since the accident. Statements from loved ones who have been helping you recover may also strengthen your case.
Of course, gathering evidence of non-economic damages is only half the battle. You must then find a way to quantify them. This is where a seasoned truck accident lawyer from Charnas Law Firm can help.
Speak with a New York City or Massachusetts Truck Accident Attorney Today!
If you or someone close to you was hurt in a truck accident that another person caused, turn to Charnas Law Firm. Attorney Scott Charnas will evaluate the circumstances of the wreck to determine the most strategic way to proceed.