faq truck accidents

Statistics from the New York Department of Motor Vehicles show that every year, there are around 23,282 vehicles involved in truck accidents in New York. Whether it is delivery trucks, sanitation trucks, dump trucks or trucks used to move furniture around the city, the huge size and weight of these trucks and their large blind spots make them difficult to maneuver on the congested streets of New York City. As a result, even a slight error or the truck driver can result in a devastating truck accident. 

What Are The Usual Types of Truck Accidents in New York?

Besides, head-on and rear-end collisions, there are several other dangerous forms of truck accidents in NYC such as the following:

  • Center lane crossovers that occur when a large truck is executing a turn
  • Side impact or T-bone collisions when a truck hits another vehicle at a 90-degree angle
  • Rollovers in which a truck slides and rolls over onto its side
  • Under-ride accidents in which a smaller vehicle hits a truck and slides under it
  • Jack-knife accidents that arise due to the tractor part of a semi-truck losing control of the attached trailer
  • Cargo related accidents occur when the load in a truck begins spilling onto the road

How Are Truck Accidents Different From Car Accidents?

A truck is a very large vehicle and its huge size and weight are likely to cause far more damage in the event of an accident. Injuries in a truck accident are therefore far more severe than in the case of car accidents.

There are differences in terms of legal liability too. In any type of road accident, the driver responsible for the crash is considered liable under the law. However, when it comes to truck accidents, there are different federal and state laws that come into play, and these will take into account factors other than driver error that may have been responsible for the collision.

For example, truck drivers are generally employed by a trucking company to drive their vehicles. So, they are not independent operators of the vehicle, unlike the usual car driver. The trucking companies may also be held liable for a truck accident if it can be proved that they did not hire the right driver, or provide them with adequate training.

Failure to inspect and carry out necessary maintenance or repair activities on the truck is also considered the truck company’s fault and in all such situations, they become liable for the accident.

Who Will Pay For Your Injuries in an NYC Truck Accident?

If you have been injured in a truck accident in New York, it is vital you communicate with your car insurance provider at the earliest. The compensation you receive from them may cover part of the expenditure you have incurred on your medical treatment for the injuries sustained in the accident.

If you bring a personal injury lawsuit against the driver of the truck that was involved in your accident, it is possible to recover damages from that individual and their employer. In some cases, you could even recover compensation from a government agency that may have failed to maintain the roads in decent condition and thus, have contributed to your accident.

However, determining liability and pursuing a legal case against all such parties at fault is not an easy task, and having an experienced New York truck accident attorney is highly judicious to make sure you recover the compensation you deserve.

Is It Prudent to Accept a Settlement Offer From an Insurance Company?

Trucking companies have their attorneys and insurance providers who will do all it takes to minimize the amount they have to hand over in compensation to the victims of truck accidents. If you have been hurt in a New York truck accident and find the insurance adjuster from the truck driver or trucking company approaching you for a settlement, it is best to say and do nothing until you have discussed your case with your own lawyer.

Oftentimes, the fact that the opposite party reaches out for a quick settlement may be an indication that you stand to win much more through negotiation or by pursuing the case to court. Only a competent New York City truck accident lawyer can help you through this process so that you get the maximum compensation to which you are entitled.

What Damages Can I Claim in an NYC Truck Accident Lawsuit?

When someone is injured in a truck accident, they suffer a lot of loss. Some of it is economic loss such as the expenditure for medical treatment, doctor consultations, prescription medicines, and rehabilitation therapy. There is also the factor of lost wages because the injured person is unable to work due to their injuries.

While these factors can be quantified, there are also intangible losses such as the pain and suffering the injured person undergoes and a loss of their usual quality of life or companionship. Persons who have been injured in truck accidents can therefore claim damages under several headings such as:

  • Medical bills for hospitalization
  • Doctors’ consultation fees
  • Costs of prescription medication
  • Future medical costs for ongoing treatment or rehabilitation
  • Reduced quality of life
  • Pain and suffering

Anyone who has lost a dear one in a truck accident may also be able to initiate a wrongful death claim and seek damages for the lost wages, funeral expenses, and loss of companionship.

What If I Was Partly to Blame For the Truck Accident?

Some truck accidents can be quite complex and it is quite possible that one of your actions while driving your car triggered the rest of the events that led to the truck accident. Even if you believe that you have been partly responsible for the accident, it is important to realize that you can recover damages for your injuries.

Under New York’s “comparative negligence” rule, you cannot be stopped from claiming damages just because you were partly to blame. However, the amount you recover in such cases will be reduced by the extent of your contribution to the accident. If your lawsuit goes to trial and you are found to be 20 percent at fault for the accident, you will receive only 80 percent of the damages instead of the full 100 percent.

Can I Recover Damages in Blind Spot Truck Accidents in New York?

Blind spots are the areas where it is difficult for drivers to spot other vehicles on the road. While all vehicles have such no-zones, the ones on a large truck are significantly bigger in size and therefore more dangerous.

It is expected that a driver must be aware of and keep away from the truck’s blind spots on the road. However, driving in such a region at the time of the accident is not sufficient grounds for disqualifying your accident claim or lawsuit. The investigations that follow such blind spot accidents have often shown that the truck driver was violating other regulations and so, considered responsible for the accident.

Do I Really Need a New York Truck Accident Lawyer?

Truck accidents are quite different from car accidents. There are a larger number of parties involved, the injuries are far graver, and many more state and federal laws come into play in truck accident cases.

Here are a few reasons to engage an experienced NY truck accident lawyer:

  • Determining liability is tricky in truck accidents. A committed truck accident lawyer can help you find out all possible parties at fault.
  • Trucking organizations are known to move fast to cover their tracks and vital evidence that is useful to you may get lost if you don’t have an expert of your own to preserve it.
  • Having an attorney with prior experience in navigating the complex legalities of a truck accident lawsuit can help you maximize the compensation you win either through a settlement or by going to trial.

Get in Touch with a Competent NY Truck Accident Lawyer Today

With an increasing number of large trucks plying our streets, it is important that you have all the necessary information about how to respond in the unfortunate event of a serious truck crash in New York.

If you or a loved one has been injured in a New York truck accident, we understand how difficult it may be for you to immediately think of things beyond the most vital aspect of recovering your health. However, it is equally paramount to move fast to build a strong legal case to recover the damages to which you are entitled.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our compassionate truck accident lawyers will help you navigate this complex legal maze to recover the maximum compensation. We will take care of all the paperwork and other aspects of the lawsuit while you focus your energy on recovering your health.  We work on a contingency basis, which means you have to pay our fees only after we manage to secure financial compensation for you.

To discuss the specifics of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 1-800-660-2264 or contact us online for a free and confidential consultation.

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