Drowsy driving is a common cause of large truck crashes. The demands of operating a big rig in traffic for hours on end are enough to leave even the healthiest individuals fatigued; however, that doesn’t excuse truckers who fall asleep behind the wheel.
If you were hurt in a truck accident caused by fatigue, you may be entitled to compensation for the resulting damages. You’ll have to build a strong personal injury claim first, though, which can pose a challenge.
Read on for the answers to a few frequently asked questions about proceeding in such a scenario:
1. How Can I Prove Drowsy Driving Was to Blame for the Wreck in Which I Was Hurt?
A resourceful attorney should be able to gather plenty of evidence that proves the trucker who struck you was fatigued at the time. While the strongest evidence inevitably varies from case to case, it usually includes some combination of the following:
- Black box data;
- Eyewitness testimony;
- The official police report;
- Driving logs;
- GPS records;
- Timestamped bills of lading;
- Dash cam footage;
- Surveillance recordings;
- Toll booth receipts; and
- Cell phone records.
2. What Kinds of Damages Might Be Recoverable Following a Truck Accident?
New York tort law allows truck accident victims to seek compensation for both the economic and non-economic damages that they incur. Such damages might include:
- Past medical bills;
- Anticipated health care expenses;
- Home care;
- Property damage;
- Alternative transportation;
- Lost wages;
- Loss of future earnings;
- Home and vehicle modifications;
- Domestic help;
- Child care;
- Replacement services;
- Mental anguish;
- Loss of enjoyment in life;
- Physical impairment and disfigurement; and
- Pain and suffering;
Depending on the severity of your injuries, your spouse may also be entitled to compensation for loss of consortium. This encompasses the loss of support, services, love, affection, companionship, and sexual intimacy he or she must cope with as a result of your condition. If warranted, your attorney can help your spouse proceed with such a claim.
3. Is the Trucker Always Liable for Drowsy Driving-Related Accidents?
Generally speaking, truckers are only liable for the accidents they cause if they happen to be independent contractors. If they’re considered employees, on the other hand, the motor carrier that hired them will likely be responsible. That means if the trucker was acting within the scope of their employment when the crash occurred, you should be able to bring a third-party claim against the motor carrier’s insurer because of a doctrine called “vicarious liability.”
Call 516-280-4716 for a Free Consultation with a Long Island Truck Accident Attorney
If you were seriously hurt in a truck accident caused by a drowsy driver, contact WeitzPascale to determine how best to proceed. Our compassionate team will fight tirelessly for the compensation you deserve.
By letting us handle the logistics of your case, you can focus on more important matters, like making a full recovery and taking care of your family. Call 516-280-4716 or use our Online Contact Form to set up a free consultation with a truck accident lawyer in Long Island.