If you get hit by a big truck, your life may never be the same. Commercial vehicles are so large and heavy that people involved in an accident with a commercial truck often sustain terrible injuries, permanent handicaps, or even death.
In the face of a trucking accident, you need a lawyer who can handle and prosecute your case. A lawyer who knows the ins and outs of complicated laws will get you complete compensation, allowing you to focus on your recovery.
In 2022, 143 people died in New York due to a trucking accident.
If you were injured in a truck accident, a New York truck accident lawyer can help you file a strong case. So, you can pursue the compensation you deserve.
This guide explains how a truck accident lawyer can help in New York. Continue reading!
Five Things to Do After a Trucking Accident in New York
After a truck accident in New York, you should:
- Call 911;
- Get medical help;
- Take photos of the scene;
- Gather witness details; and
- Contact a knowledgeable lawyer in New York who specializes in truck accidents. They can protect your rights and pursue compensation.
FMCSA reports show that thousands of large truck crashes happen in New York every year. But what you do after the accident matters the most.
As part of step number two (2), you should immediately seek medical attention or consult a medical professional, even if you feel fine. Some serious injuries, like internal bleeding or whiplash, have delayed symptoms. A medical record directly linking your injuries to the accident is vital.
As part of step number three (3), if it’s safe to do so, get proof. Take pictures of the cars, the skid marks, the road conditions, and any visible injuries. Collect the name and phone number of the transportation company. Also, get the truck driver and anyone else who saw the accident.
The insurance adjuster of the transportation company may contact you. But remember not to give any recorded statement or sign any papers until you have talked to your lawyer. This can hurt your truck accident claim.
Contact a reliable legal team, such as Cohen & Cohen, immediately. Early legal action can protect the proof and increase the chances of winning.
What Does a Truck Accident Lawyer Do?
A truck accident lawyer examines your case thoroughly. They investigate to gather all the crucial information, including black box data, security camera footage, and driving records.
They also review important documents, such as:
- Vehicle Maintenance Records: Reviewed these to check if poor maintenance caused brake or tire failure.
- Electronic Logging Device (ELD) Data: A legal firm uses this data to identify Hours of Service violations that caused driver fatigue.
- Driver Qualification File: Teams might check if the company properly screened the driver before hiring.
- Black Box (EDR) Data: Captures speed, steering, and braking in the seconds leading up to the collision.
They can use this information to build a strong case. A New York truck accident attorney will also calculate all of your losses and help you recover them.
Why You Need a New York Truck Accident Lawyer for Your Case
You need a local truck accident lawyer because truck accident cases involve a web of strict federal and state regulations and unique evidence.
Trucking accident companies employ aggressive insurance defense law firms that general personal injury attorneys are often ill-equipped to litigate against.
The Federal Motor Carrier Safety Administration has strict rules for trucking firms. Recent events illustrate how complex these regulations are, such as when the FMCSA extended a trucking company’s sleeper berth exemption. They also demonstrate why understanding regulations is crucial to making a strong argument. These rules cover cargo security, driver hours, and vehicle maintenance.
A lawyer can identify these violations because they are familiar with these rules. For example, a driver exceeding the 10-hour daily driving limit becomes powerful evidence of negligence.
Furthermore, trucking companies and their insurers have vast resources and legal teams. Their goal is to minimize what they pay you.
A seasoned truck accident lawyer levels the playing field. They know how to counter their tactics. They also protect you from accepting a lowball settlement.
Why Hire a NY Truck Accident Lawyer Immediately?
It is imperative that you hire a truck accident lawyer immediately if you want to protect time-sensitive evidence and fulfill New York’s three-year filing deadline. This also helps you avoid making any statements that could damage your truck accident claim.
Delay is your enemy. Critical evidence is perishable. Many systems erase surveillance video within weeks. Truck systems can overwrite black box data.
Companies may lose or repair physical evidence on the vehicles. Accident injury lawyers can send legal ‘spoliation letters’ to compel the preservation of the truck and its data.
Furthermore, New York law gives you only three years from the date of the accident to file a lawsuit. An early start gives your lawyer ample time. They can conduct a thorough investigation and build the strongest possible case before this deadline.
What Does a Truck Accident Settlement Include in New York?
A settlement for a truck accident in New York will cover your lost wages, pain and suffering, and future medical bills. For very bad injuries, courts or insurers may value these settlements at hundreds of thousands or millions of dollars.
This money and the damages can be categorized into:
- Wrongful Death Damages: In fatal collisions, the law may allow families to recover burial costs, lost companionship, and financial support.
- Economic Damages: Monetary losses that courts can calculate, such as past and future medical expenses, missed wages, reduced earning capacity, and property damage.
- Non-Economic Damages: Restitution for intangible losses such as emotional distress, pain and suffering, diminished life satisfaction, and handicap.
The settlement amounts vary from case to case. For instance, a six-figure compensation might be required for a limb injury that necessitates surgery. They may be awarded millions of dollars after catastrophic injuries. That is for lifelong impact, like a traumatic brain injury or paralysis.
How Can a NY Truck Accident Lawyer Help With Insurance Claims?
A truck accident lawyer helps with insurance claims by negotiating with the insurers to get you the most out of your offer. They manage all the communication and correspondence. If insurance companies refuse to pay the full value, the legal team prepares to file a personal injury lawsuit.
The transportation firm employs insurance adjusters. Their initial offer is often a lowball settlement. Insurers design these offers to take advantage of the less experienced by offering minimal money for injuries that are valued far higher than the original offer.
A skilled attorney manages all discussions. They shield you from tactics meant to get you to admit fault or downplay your injuries. They build a powerful demand package with evidence and expert analyses. This proves your claim’s entire worth.
Your lawyer’s willingness to go to trial often gives them the leverage needed if talks break down. By doing this, both sides can reach a fair out-of-court settlement.
What if More Than One Party Is at Fault in a Truck Accident?
You can still get compensation, even if you share some of the blame. Multiple parties often share faults. New York follows a ‘pure comparative negligence’ rule. This rule serves as a benefit to those injured in a trucking accident because pure comparative negligence permits those suing to recover for their injuries even if they share fault in causing the accident.
More importantly, multiple entities may share blame. Your lawyer will look into the matter. This helps them hold the driver, the trucking firm, the cargo loader, or even a parts manufacturer responsible.
It is critical to ensure insurance is fully covered.
What Evidence Does a Truck Accident Lawyer Collect for Your Case?
A NY truck accident lawyer uses expert opinions and forensic evidence, as well as business documents. They also put together the scene of the crash, and the police report finds out who was at fault.
Some of the most important pieces of evidence are:
- Electronic Data: Black box data, GPS records, and electronic driving logs.
- Driver & Company Records: Maintenance reports, driver certification, work history, and hours of service logs.
- Physical Evidence: Car damage, photos of the scene, and measurements of skid marks.
- Witness Testimony: Statements from other drivers, passengers, and nearby witnesses.
- Expert Reconstruction: Accident reconstruction data that specialists use to determine why the collision occurred.
How a NY Truck Accident Lawyer Can Help With Medical Bills After an Accident
A truck accident lawyer can help with medical bills after an accident by ensuring your medical care, both past and present, is recorded and included in your claim. They assist you in navigating liens from health insurance. Also, they can put you in touch with medical professionals to demonstrate the long-term expense of your care.
While your case is pending, who covers the expenses? First, New York’s No-Fault (PIP) coverage or your personal health insurance may cover it. However, these insurers typically have the right to recover payment from your settlement. The legal term for this process is ‘lien.’
A proficient attorney negotiates to reduce these liens. This preserves more of your recovery for you. Most importantly, they work with your doctors and medical economists. This helps figure out how much your injury will cost you for the rest of your life.
This makes sure that your settlement or decision will pay for any future help, treatments, and procedures you require.
How a Big Truck Accident Lawyer Can Help With Different Truck Types
Different commercial trucks have different risks and legal requirements. For instance, a survey shows that trailer trucks were responsible for 16% of all truck crashes. Experienced lawyers understand the New York-specific laws and can build the most effective case. This is true whether a tractor-trailer or a garbage truck hits you.
| Truck Type | Specific Risks & Legal Considerations |
|---|---|
| 18-Wheelers and Tractor-Trailers | Subject to stringent hours of service regulations and federal weight restrictions. Jackknifing and brake failure from inadequate maintenance are common causes of catastrophic collisions. |
| Sanitation/Garbage Trucks | Sanitation and garbage trucks sometimes run on set timetables in residential areas. People who hire private waste carriers with old, badly maintained trucks could cause accidents. These cars need side guards in New York City. |
| Delivery Trucks | Drivers of delivery trucks like Amazon and UPS are under a lot of pressure to meet strict deadlines. This might make them speed and lose focus. |
| Dump Trucks & Concrete Mixers | Unsecured or improperly balanced loads can shift, causing rollovers or spillage onto other vehicles. These cases require investigating cargo securement regulations. |
Why Should You Hire a New York Truck Accident Lawyer to Calculate Damages?
An attorney calculates the true lifetime cost of your injury, including hard-to-quantify damages like future suffering. Insurance companies consistently undervalue these losses and challenge those making the claim to produce evidence to substantiate their claims.
Calculating damages is not simple math. While you can add up current bills, a lawyer projects future needs. This includes decades of medical care, adaptations to your home if you are disabled, and your lost earning potential over a career.
They partner with economists and life care planners to build an authoritative valuation. By employing professionals such as economists and life care planners, insurance companies have less leverage to devalue their claims. Instead, insurance companies are forced to hire their own experts to contradict the evidence presented by your attorney. In most instances, insurance carriers will choose to settle the case rather than spend more money to litigate the plan. Your attorney will also fight for full compensation for non-economic damages. A lawyer accounts for decades of medical care, home modifications for disabilities, and lost earning potential.
Without this expertise, victims routinely accept settlements that cover only a fraction of their real losses.
How Can a Truck Accident Lawyer Help With Wrongful Death Claims in New York?
A wrongful death claim is a separate legal action. A compassionate yet determined attorney relieves the family of legal burdens during an impossible time.
In the tragic event of a fatal crash, a commercial truck accident lawyer handles the complex legal claim so the family can grieve. They seek compensation for financial losses, funeral costs, and the profound loss of companionship.
They work to obtain payment for the deceased’s medical bills, burial, and funeral expenses. A lawyer will also try to recover the family’s lost future earnings. This compensation also covers the intangible loss of companionship, care, and guidance.
How Can a Truck Accident Lawyer Help in New York if the Driver Was Not Working for a Company?
A commercial truck accident lawyer in NYC may still seek damages even in cases where the driver was not working for a company. They accomplish this by looking into whether the trucking firm can be held accountable for careless hiring.
The growth of the gig economy has led companies to classify many delivery truck drivers as ‘independent contractors’. That doesn’t get rid of responsibility. A specialized law firm will look at the connection between the driver and their employer corporation. If the company controlled the driver’s work, it may be responsible.
How a Truck Accident Lawyer Can Help Navigate Insurance Negotiations
Your truck accident lawyer can help navigate insurance negotiations with the support of a strong evidence file and trial preparation. This strategy is meant to stop lowball offers. It can also help you secure a fair settlement.
The process of negotiation is strategic. Your attorney will:
- Establish Leverage: Create a comprehensive accident case file that contains all relevant documentation, such as explicit liability and specific damages.
- Formal Demand: Send the insurance company a strong demand letter detailing the relevant facts, the applicable law, and the exact amount of money that must be paid.
- Strategic Counter Offers: Professionally negotiate a reasonable sum based on the facts and the potential for a negative jury verdict.
- Stay Prepared for the Trial: The most important thing to get a fair settlement out of court is that the insurance companies know your lawyer is ready to win in court.
How a Truck Accident Lawyer Can Help If Your Case Goes to Trial
A truck accident lawyer can help if your case goes to trial by presenting your case to a jury. They fight for the outcome you deserve using strong evidence and expert witnesses.
The majority of personal injury lawsuits end in settlement. But you need a lawyer who isn’t scared of the courtroom. A lot of work goes into preparing for a trial. Your attorney prepares you and expert witnesses to testify. They oversee all aspects of trial advocacy, from jury selection to closing arguments. This shows insurers how serious they are and often produces better settlement offers.
Why Should You Hire a NY Truck Accident Lawyer Instead of Settling Alone?
You should hire a truck accident lawyer instead of settling alone, because otherwise, you will receive far less money. This occurs because you don’t have the legal expertise to properly evaluate complex damages like future medical expenses.
According to a Sage Journals study involving 96 individuals, traffic accident payments were modest, delayed, and did not satisfy financial demands.
By hiring a lawyer, you can gain professional help. An experienced attorney can accurately value your claim and negotiate for a much higher settlement. They can also handle the strict deadlines for filing lawsuits and protect your rights.
What Should I Look For When Hiring a Truck Accident Lawyer in New York?
When hiring a truck accident lawyer in New York, seek a lawyer who has a track record of success. They know a lot about the rules and laws of the state and the federal government. A lawyer must have the money and time to completely look into and try your case.
Use this checklist during your initial consultations:
| Criteria | Details |
|---|---|
| Proven Experience | Ask them specifically about their experience with truck accident cases as opposed to merely car accident cases. |
| Trial Record | Make sure they have successfully tried truck cases all the way through rather than just settling them. |
| Resource Commitment | Ask about their internal investigative team and network of medical and accident reconstruction experts. |
| Clear Communication | Pick a lawyer who keeps you up-to-date and explains things clearly. |
| Contingency Fee Structure | Reputable firms don’t charge you unless they win your case because they operate on a contingency fee basis. |
Why Should You Hire a Truck Accident Lawyer for Federal and State Law Conflicts?
The American Public Health Association has found that about 5,000 fatalities and 120,000 injuries occur every year due to large truck crashes. However, these accidents often involve both federal FMCSA rules and New York State laws. You need the help of a traffic accident expert to deal with this two-tiered regulatory system. They can use these violations to back up your claims.
The FMCSA enforces federal regulations for commercial trucking. There are also state-specific laws like New York’s vehicle code and NYC’s unique ‘Vision Zero‘ truck safety rules. A skilled property damage lawyer is aware of the relationships between these laws. For instance, a violation of the federal Hours of Service rule can be combined with a violation of a New York traffic law. This combination can powerfully demonstrate a pattern of negligence.
Need Help? Book a Free Consultation Now
If you or a loved one has been injured in a truck accident in New York, do not face the aftermath alone. The path to recovery and justice starts with a conversation with a legal team that has the specific experience and resources to champion your case. For compassionate guidance and a thorough evaluation of your legal options, contact Cohen & Cohen Personal Injury Lawyers today for a free, confidential consultation.