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Truck Accident Related Personal Injury Claims: How are they Unique?

Injuries caused by truck accidents appear very similar to injuries caused by car accidents involving the same four decisive factors in personal injury cases—negligence, fault, injury, and damage—but truck accident related injury claims are governed by numerous extra federal and state laws. If you must file a personal injury lawsuit against a truck driver or trucking company in New York state, then make sure you select a personal injury attorney who has considerable expertise and experience in handling personal injury claims related to truck accidents.

Legal procedure for truck accident claim’s settlements

Truck accident related personal injury claims generally involve many of the same issues that car accident related claims involve in New York. The negligent party has to be identified and the circumstances of the accident have to be proved through evidences and eye-witness testimonies before claim settlements with the trucker’s insurance company can be discussed. Here are some ways attorneys can gather evidence to prove the negligent driving of a truck driver:

  • Truck drivers are required by NY law to stop and rest at legally mandated intervals. If the plaintiff can prove though the driving log book, driver testimony, or witness testimony that a driver did not get adequate rest and was tired at the time of the accident, then the truck driver is liable.
  • Trucks have to be regularly maintained to be legally permitted to operate safely in NY. The maintenance logs can prove that the truck was not maintained and hence was unsafe to operate.
  • If the truck driver was under the influence of drugs or alcohol when the accident happened, he or she will be held liable for substance abuse and DUI as per New York State laws.
  • Truck companies are legally required to recruit safe and cautious drivers with clean driving records. If a trucking company hires a driver without adequate background and driving history checks, the company can be held liable.
  • The black-box like equipment fitted in new trucks may be used as evidence to prove negligent driving on the part of the driver.
  • If a truck driver is caught guilty of using a cell phone when the accident happened, that evidence can be collected from the driver’s cell phone records.

Commercial truck accidents related personal injury claims 

As many federal and state laws govern the truck driving, individual drivers usually have very high insurance coverage against possible collision. But it is helpful to understand that a defendant in a personal injury case will only settle for an amount that his or her insurance company permits (the policy limit). Many times, due to the high value of settlements, the insurance companies have to bail out truck drivers or trucking companies in commercial truck related personal injury claims. If your car was hit by a truck or semi-truck, contact the highly proficient personal injury and truck accident law firm in New York—Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We have won millions of dollars for past clients – you can be on this golden list if you give us a call. Let us see if you have a viable case.

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April JohnsonApril Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin RousseyBenjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto MartinezRoberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio OchoaJulio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha NeriAisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki RAoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael LevitesMichael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..