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In this article, I will break down the Truck Accident Attorney New York so you know all there is to know about it!
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Table of Contents
What Does A Truck Accident Attorney New York Do
A truck accident attorney in New York is a legal professional specialized in dealing with legal matters involving truck accidents whether to seek compensation for a victim or defendant against a claim.
There are many types of trucks that may get into an accident, such as:
- Big rigs
- Semi trucks
- Tractor trailers
- Garbage trucks
- Dump trucks
- Box truck
- Recycling truck
- Cargo trucks
- FedEx trucks
- UPS trucks
- Tow trucks
- Cement trucks
- Tank trucks
- Delivery trucks
- School bus
- Platform trucks
- Flatbed trucks
- 18 wheelers
- Haul trucks
- Sweeper trucks
- Ballast trucks
Being educated in the field of law and practicing law in matters involving “truck accidents” in New York, truck accident attorneys represent plaintiffs and defendants in either seeking compensation or defendant against a claim.
A truck accident can not only be catastrophic for those involved (the victim and victim’s family) but can be legally complex to handle.
An attorney specializing in truck accidents understands the legal complexities relating to “truck” accidents as they are familiar with:
- Truck accident laws applicable in New York (state laws and federal laws)
- NY personal injury laws
- Legal procedures and steps for filing a claim in New York for damages
- Understands the legal requirements and statute of limitations related to a New York truck accident
If you are involved in a truck accident and you need legal guidance as to your rights and recourses, you should consider consulting with New York truck accident lawyers so they can assess your claim.
Why Hire Truck Accident Lawyers New York
Do you really need to hire an attorney for a New York truck accident?
Lawyers can be expensive and you are not sure if it’s worth hiring one to help you recover damages following a truck accident in New York.
In reality, you don’t have an obligation to hire an attorney to represent you or file a claim for you.
In fact, you can choose to do it by yourself if you are familiar with the NY trucking laws, the claim procedures, and dealing with the other parties.
For most, a truck accident lawyer in New York can bring valuable services and even help them increase their chances of getting a fair settlement.
Here are some of the main reasons why you may consider hiring a New York trucking accident attorney:
- Evaluate your case
- Collect all the evidence you need to present the best case possible
- Read and understand medical reports
- Speak to the police authorities and law enforcement
- Deal with medical practitioners and healthcare professionals
- Interview witnesses
- Handle insurance claims and deal with sophisticated insurance companies
- Draft and file a truck accident lawsuit
- Handle your legal action in court
- Negotiate with the defendant to get a fair settlement for you
- Go to trial and get the best possible judgment or verdict for you
There are many steps, tasks, and requirements that need to be successfully handled for you to get a settlement or jury verdict following a truck accident.
If you make mistakes, skip a step, or do not act within the legal timelines, you may hurt your chances of getting a fair recovery of damages and in some cases fully lose your legal right to assert a claim.
At a minimum, you may want to consult with a truck accident lawyer in New York to get an overall view of your case and assess if it’s worth hiring one (in most cases, they even offer a free consultation).
Common Causes of New York Truck Accidents
What are the most common causes of truck accidents in New York?
Here are some of the most common reasons why NY truck accidents happen:
- Driver fatigue
- Truck speeding over limits
- Traffic violations
- Truck driver distraction
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Lack of truck maintenance
- Inadequate truck inspection
- Improperly loaded truck
- Cargo shifts
- Poor road conditions
- Illegal maneuvers
- Inexperienced driver
- Tire blowouts
- Following too closely
- Negligent supervision
Of course, there could be other reasons that a driver may get into a truck accident in the state of New York and this list is not exhaustive.
Common Types of Injuries in Truck Accident New York
Truck accidents are generally more destructive than motor vehicle accidents involving passenger vehicles.
The sheer size of trucks and their weight results in higher property damage, more serious injuries, and possibly fatal accidents.
Statistics show that more people are injured in truck accidents and are killed than other types of road accidents.
In New York, the most common types of injuries that may be suffered in a truck accident are as follows:
- Bone fractures
- Brain trauma
- Broken bones
- Disc injuries
- Internal bleeding
- Ligament injuries
- Limb loss
- Neck injuries
- Nerve damage
- Organ damage
- Post-traumatic stress
- Severe lacerations
- Spinal cord injuries
- Wrongful death
In the best cases, those involved in a truck accident can walk away with minor property damage and possibly no personal injury.
However, in other cases, the injuries caused by a truck accident can be severe and possibly catastrophic.
What To Do After A Truck Accident In New York
Knowing what to do after an accident with a truck is crucial.
The most important thing is your health and safety.
As a result, it’s very important that anyone hurt or injured in an accident gets the proper medical attention.
Once that’s done, you should also be mindful about properly documenting the accident and your damages so you may eventually get compensated for it.
Here are some of the measures you may need to take immediately after a NY truck accident:
- Make sure you and everyone are ok
- Get the proper medical attention
- Make sure to file a police report
- Take good notes of how the accident happened
- Get the contact information of the other drivers involved in the accident
- Ensure that you identify the truck driver and the trucking companies involved
- Get every driver’s car insurance policy details
- Get contact information from all the witnesses on the scene
- Take a lot of pictures of the scene of the accident
- See if there were videos or security cameras recording the event
If you or a loved one have been involved in a truck accident, the most important thing to do is to immediately get treated for your injuries.
Once you’ve received the proper medical attention and treatment, you may want to call a truck accident lawyer near you for a legal evaluation of your case so you can determine if you have a case to pursue, for how much, and how good are your chances to get a settlement or verdict.
Who Is Liable For A Truck Accident
There are many parties that can potentially be liable to compensate you for your damages when implicated in a truck accident.
Here are some possible defendants that may be pursued in a NY truck accident:
- The truck driver
- The truck driver’s employer or trucking company
- Drivers not directly implicated in the accident but caused the accident
- Truck manufacturers for producing a truck that was defective
- Truck retailers for selling defective products
- Truck repair facilities for faulty truck repairs and maintenance
- Government entities for lack of proper road maintenance or hazardous road conditions
Many truck accidents are caused directly by the fault or negligence of the truck driver such as failing to get adequate rest, driving recklessly, violating traffic laws, being distracted, or driving under the influence of alcohol.
However, there are also instances when the truck driver or the trucking company employing that driver was diligent but other parties may be accountable particularly when there may have been a defect in the truck or truck components.
There are possibly many parties that may be responsible for a truck accident even though we tend to assume that the truck driver or trucking company are generally the only parties at fault.
It’s important to consult with an experienced attorney who will assess the facts of your case to determine who is liable for your truck accident.
How To Prove Fault In A Truck Accident
What should you prove to prove that the defendant was at fault and must compensate you for your damages.
Truck drivers and trucking companies must respect specific laws (federal or state level) governing trucks and trucking operations.
For example, relevant regulations and laws that may be applicable are:
- The Federal Motor Carrier Safety Administration regulations
- The New York Vehicle & Traffic Law
- The New York State Department of Transportation regulations
Drivers and truck companies must respect safety regulations when operating commercial trucks such as how many hours a driver can work, medical examinations, drug testing, or other obligations to respect.
As a result, not only must trucking companies and drivers respect the ordinary traffic laws that all drivers are required to obey, but they must also comply with specific trucking rules and regulations.
To prove fault, you will want to demonstrate that there may have been a violation in the trucking laws in addition to the regular traffic laws or other laws applicable to motor vehicle accidents.
You may also prove fault by demonstrating that the driver was negligent and caused you damages.
- The truck driver, trucking company, the truck manufacturer (or defendant) owed you a duty of care
- The defendant breached its duty of care
- The breach of duty actually resulted in your accident or was the proximate cause of your accident
- The accident caused resulted in damages to you
Once you’ve determined the legal basis on which you will want to present your claim, the most important step after is to gather the evidence that you need to prove your case.
You’ll want to get all the relevant evidence to prove fault in your truck accident case, such as:
- Get driver log book
- Driver’s time cards
- Get the Event Data Recorder (EDR or the “black box”)
- Manifests and other documents prepared on behalf of the driver
- Truck inspection reports
- Driver’s accident record and history
- Photos and pictures of the scene
- Witness testimonies and statements
You may also want to hire an accident reconstruction expert who will write a report on the cause of the accident by reconstituting the scene.
Since truck accident lawsuits and claims are inherently complex, you may have a benefit in contacting an experienced New York truck accident attorney or law firm to either legally guide you or to represent you.
Damages Caused By Truck Accidents In NY
From a legal perspective, a person may suffer economic damages or non-economic damages.
In essence, economic damages (also called financial losses) are objective and quantifiable damages caused as a result of the New York truck accident, such as:
- Medical expenses
- Surgery costs
- Emergency room costs
- Physical therapy
- Loss of earnings
- Rehabilitation expenses
- Therapy costs
- Medical device and equipment costs
- Diminished earning capacity
- Vehicle damages
- Out-of-pocket expenses
Economic damages are generally easier to prove as you can produce invoices, receipts, account statements, or documentary evidence to show how much money was spent or lost.
In addition to economic damages, you may also claim non-economic damages.
Non-economic damages (or general damages) are damages suffered by the victim of an accident that is not “financial” but “emotional” or “psychological”, such as:
- Pain and suffering damages
- Stress and anxiety
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
These are emotional and psychological damages caused to a victim who may suffer long-term consequences resulting from the truck accident.
In more exceptional cases, the court may also award punitive damages to punish the conduct of the defendant that was reckless or deviated significantly from acceptable norms and standards.
Statute of Limitations For Commercial Accidents in New York
Every state has statute of limitations laws defining how long you have to file a claim or lawsuit following your truck accident.
In other words, if you were implicated in a truck accident, it’s important to file your truck accident lawsuit or claim within the legally established timelines, otherwise, you will be legally time-barred.
In New York, the statute of limitations for accidents involving commercial vehicles is generally three years from the moment of the crash or collision.
In accordance with N.Y. C.P.L.R. § 214(4), the statute of limitations of three years applies to personal injury claims, property damages, and emotional distress claims.
Three years can pass by very quickly especially if you were injured and needed time to go through medical treatment and recovery from your injuries.
As a result, it’s important that you consult with a New York truck accident lawyer as soon as you can so you can get started in putting your case and evidence together.
If you miss the statute of limitations timeline, your case will be legally time-barred even if your case is perfectly valid and compelling.
Make sure you don’t lose precious time and contact a qualified attorney near you or in the NY area as soon as possible.
Truck Accident Statistics in New York
Here are some interesting statistics for truck accidents in New York.
Over the years, statistics show that there are more and more truck accidents in New York and unfortunately more people are killed in traffic accidents.
A full-size commercial truck can weigh approximately 10,000 pounds when it’s empty but can weigh up to 80,000 pounds when it’s fully loaded.
A truck accident with a truck having a fully loaded cargo can be catastrophic.
According to the Federal Motor Carrier Safety Administration (FMCSA), New York has been part of the top ten states with the most commercial truck accidents.
For example, in 2018, there were over 4,200 truck accidents in the state of New York.
Here are also more interesting facts about trucks:
- Trucks need about 20% to 40% more distance to break and bring truck to a full stop
- Trucks have an important blind spot on the side rear area of the vehicle
- Having a high center of gravity, trucks are more prone to rolling over
- Due to the truck height, vehicles risk sliding underneath them getting trapped
New York Truck Accident Lawyer Takeaways
So there you have it folks!
Truck accidents are inherently dangerous and possibly catastrophic leading to important injuries and possibly being fatal.
If you or someone you know was involved in a truck accident, you’ll need to quickly assess whether or not you will want to pursue a claim against the at-fault party, decide to hire an attorney or not, and take action.
By working with truck accident lawyers in New York, you can focus on your medical treatment, rehabilitation, and getting your life back to normal, your lawyer can focus on building your case to get you the compensation you deserve.
Truck accidents can be factually complex to prove and have unique legal implications that an ordinary person may not have the proper knowledge and experience to handle.
Hiring a big rig accident attorney in New York or law firm can provide you with the following benefits:
- They have experience in dealing with the complexities of the case
- They will negotiate with sophisticated defendants
- They will gather the right evidence to maximize your chances of winning in court
- They will properly define the cause of action
- They will carefully assess how much damages you can legally claim and how to go about it
- They have the skills needed to negotiate with tough defendants
- They can prepare for a truck accident litigation
The choice of hiring an attorney is yours but it’s an important one.
The fact is that you don’t necessarily need to mandate an attorney to handle your truck accident claim but what may be worth it is to have a legal consultation with a trucking accident lawyer New York to get a high-level perspective of your legal rights and options.
Many lawyers and law firms offer a free consultation along with a no-obligation review of your case to assess its merits.
That may be worth exploring.
I hope I was able to provide you with the essential information you need relating to truck accidents and how New York truck accident lawyers can be of assistance.
Now, let’s look at a summary of our findings.
New York Truck Accident Attorney Overview
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