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Queens Truck Accident Lawyer: Can I Sue for a Truck Accident Even if I Was Partially at Fault?

Queens truck accident lawyer: sue partially
at fault?The aftermath of a truck accident can be overwhelming, with physical injuries, emotional distress, and financial burdens casting a long shadow. If you find yourself in the unfortunate position of being partially at fault for the accident, navigating the legal landscape becomes a complex endeavor. Understanding your rights and options is paramount, especially when facing the complexities of partial fault scenarios.

In New York, the comparative negligence framework provides a pathway for seeking compensation even if you share some responsibility for the truck accident. Examining key factors such as driver and trucking company negligence, vehicle maintenance, road conditions, and gathering robust evidence are essential components of building a strong case.

At Rosenberg, Minc, Falkoff & Wolff LLP, our seasoned Queens injury truck accident lawyer team stands ready to fight for your right to compensation. If you have been involved in a truck accident, don’t let partial fault deter you from claiming damages. Call us at 212-344-1000 for a free consultation today.

Pure Comparative Negligence in New York: A Legal Overview

According to our experienced Queens truck accident attorney, the legal principle that governs cases involving shared fault is known as the Pure Comparative Negligence Rule. This rule provides a framework for determining the extent to which each party involved in a truck accident in Queens is responsible, allowing for a fair allocation of liability and damages. The primary statute outlining this rule is found in New York’s Civil Practice Law and Rules (CPLR), specifically in Article 14-A, Section 1411.

Section 1411 of the CPLR says that the Pure Comparative Negligence Rule operates on the principle of fairness. It recognizes that multiple parties may contribute to an accident, and each party is held accountable based on their degree of fault. The statute explicitly states that the culpable conduct of a claimant (the injured party) does not bar them from recovering damages. Instead, the damages awarded are proportionally reduced in accordance with the claimant’s comparative fault.

For instance, if a claimant is found to be 20% at fault for an accident, their recoverable damages will be diminished by that percentage. This means that even if a claimant is deemed 99% at fault, they can still pursue legal action and potentially receive 1% of the damages. New York’s adoption of the Pure Comparative Negligence Rule reflects a commitment to equitable distribution of responsibility and ensures that individuals are not precluded from seeking compensation based solely on their degree of fault in an accident.

Here are some examples of comparative negligence, where you may need a dedicated Queens trucking accidents attorney to establish liability of the truck driver and the trucking company.

Intersection Collision

Scenario: A truck is traveling through an intersection in Queens when a car suddenly runs a red light and collides with the truck. However, it is revealed that the truck driver was slightly exceeding the speed limit. Both the car driver and the truck driver share some responsibility for the accident, and the Pure Comparative Negligence Rule would be applied to determine the percentage of liability for each party.

Lane Change Crash

Scenario: A truck is changing lanes on the highway in Queens when a motorcyclist, traveling above the speed limit, attempts to pass the truck on the right. The motorcyclist collides with the truck during the lane change. Both the motorcyclist and the truck driver share some fault for the accident, and their respective liabilities would be assessed under the Pure Comparative Negligence Rule.

Rear-End Collision

Scenario: A truck is rear-ended by a smaller vehicle on a busy city street in Queens, NY. Pertaining to this, the investigation reveals that the truck had a malfunctioning brake light, and the driver did not promptly signal the intention to stop. Both drivers share some degree of fault for the collision, and the Pure Comparative Negligence Rule would influence the allocation of liability.

Merge Lane Crash

Scenario: A truck is merging onto a highway in Queens, and a car in the merging lane fails to yield, causing a collision. In effect, the truck driver was distracted by a cellphone at the time of the incident. Both drivers share some responsibility for the accident, and the application of the Pure Comparative Negligence Rule becomes essential in determining the compensation each party can seek.

Construction Zone Accident

Scenario: A truck is passing through a construction zone in Queens, NY when a pedestrian, not using a designated crosswalk, is hit. Moreover, the truck driver was exceeding the posted speed limit within the construction zone. Both the pedestrian and the truck driver share some fault, and the comparative negligence principle would influence the legal proceedings and compensation distribution.

These examples illustrate the nuanced situations where you need representation from a proven Queens truck accident attorney. The Pure Comparative Negligence Rule plays a pivotal role in these cases, ensuring a fair assessment of responsibility and determining the compensation each party is entitled to receive.

Key Factors in Determining Liability in Commercial Truck Accident Cases in Queens, NY

Determining liability in commercial truck accident cases requires your truck accidents lawyer in Queens to conduct a comprehensive examination of various factors, extending beyond the actions of the truck driver.

Truck Driver Negligence

  • Speeding and Reckless Driving: Assessing if the truck driver was exceeding speed limits or engaging in reckless behavior.
  • Driver Fatigue: Investigating if the driver violated hours-of-service regulations, leading to fatigue and impaired judgment.
  • Distracted Driving: Examining whether the driver was distracted by activities such as texting, eating, or using electronic devices.

Vehicle Maintenance and Inspections

  • Negligent Maintenance: Scrutinizing whether the trucking company failed to perform regular maintenance, leading to mechanical failures.
  • Inspection Violations: Evaluating if the truck was operating with safety violations due to inadequate inspections.

Trucking Company Negligence

  • Hiring Practices: Investigating if the trucking company conducted thorough background checks and employed qualified, trained drivers.
  • Training Programs: Assessing the adequacy of training programs provided to drivers by the trucking company.
  • Supervision and Monitoring: Analyzing if the company adequately monitored driver behavior and ensured compliance with safety regulations.

Cargo Loading and Securement

  • Improper Loading: Examining whether the cargo was loaded unevenly or inadequately secured, leading to instability.
  • Overloading: Investigating if the truck exceeded weight limits, affecting its maneuverability and braking capabilities.

Recordkeeping and Compliance

  • Logbook Accuracy: Reviewing driver logbooks for accuracy in recording driving hours and rest periods.
  • Compliance with Regulations: Ensuring adherence to federal and state regulations governing the trucking industry.

Vehicle Defects

  • Manufacturer Defects: Investigating whether defects in the truck’s design or manufacturing contributed to the accident.

Emergency Response

  • Post-Accident Actions: Examining the truck driver and the trucking company’s actions immediately following the accident, including compliance with reporting requirements.

Expert Analysis

  • Accident Reconstruction: Utilizing experts to reconstruct the accident and determine contributing factors.
  • Forensic Analysis: Employing forensic analysis to assess evidence such as skid marks, vehicle damage, and witness testimonies.

Insurance Coverage and Compliance

  • Insurance Verification: Ensuring the trucking company has adequate insurance coverage and is in compliance with regulatory requirements.

Determining liability in commercial truck accidents is a complex process that requires a thorough investigation into multiple factors, encompassing both driver and company negligence. Queens trucking accident attorneys often collaborate with accident reconstruction experts and industry specialists to build a comprehensive case and pursue justice for the victims.

Types of Evidence a Queens, NY Truck Accident Lawyer will Collect to Prove Liability

To establish liability in truck accident case and challenge any claim of shared liability, a skilled truck accident lawyer in Queens, NY will gather a range of compelling evidence.

Accident Reports and Police Investigations

  • Obtain and analyze official accident reports filed by law enforcement.
  • Review police investigations and statements from officers on the scene.

Eyewitness Testimonies

  • Collect statements from eyewitnesses who observed the accident.
  • Depose witnesses to provide sworn testimony about what they saw.

Driver Statements and Depositions

  • Interview the truck driver involved in the accident.
  • Conduct depositions to extract detailed accounts of the events leading to the accident.

Electronic Logging Device (ELD) Data

  • Retrieve data from the truck’s ELD, which records driving hours and rest periods.
  • Analyze the data to determine if the driver was in compliance with hours-of-service regulations.

Truck Maintenance and Inspection Records

  • Secure records of the truck’s maintenance history and inspection reports.
  • Identify any lapses in maintenance that could contribute to mechanical failures.

Driver Employment and Training Records

  • Obtain records detailing the driver’s employment history.
  • Review training programs the driver underwent and assess their qualifications.

Trucking Company Policies and Procedures

  • Examine the trucking company’s safety policies and procedures.
  • Evaluate if the company adhered to industry regulations and standards.

Black Box Data

  • Retrieve data from the truck’s black box (event data recorder) to analyze vehicle speed, brake application, and other critical information.

Photographs and Video Footage

  • Collect photographs of the accident scene, vehicle damage, and road conditions.
  • Search for surveillance camera footage from nearby businesses or traffic cameras.

Medical Records and Expert Testimonies

  • Gather medical records documenting injuries sustained in the accident.
  • Consult medical experts to provide testimony on the extent and impact of injuries.

Accident Reconstruction Expert Analysis

  • Engage accident reconstruction experts to recreate the sequence of events leading to the accident.
  • Use their findings to demonstrate liability and challenge claims of shared fault.

Communication Records

  • Retrieve records of communication between the driver and the trucking company.
  • Identify any instructions, warnings, or requests made by the company to the driver.

Prior Violations and Citations

  • Investigate the driver’s and the company’s history of traffic violations and citations.
  • Use this information to establish a pattern of negligence.

By compiling and presenting a robust collection of evidence, a Queens, NY truck accident lawyer aims to establish the liability of the negligent truck driver and trucking company while effectively challenging any attempts to share fault. This thorough approach enhances the chances of securing just compensation for the victims of the truck accident.

Role of Surveillance Camera Footage and How a Queens, NY Truck Accident Attorney will Collect this Evidence and Use it to Prove Liability?

Surveillance camera footage plays a crucial role in establishing liability in truck accident cases. Queens truck accident lawyers leverage this evidence to provide a clear account of the events leading to the accident and to support their client’s claims.

Identifying Relevant Camera Locations

  • Attorneys investigate the accident scene to identify potential locations of surveillance cameras in and around Queens.
  • They consider nearby businesses, traffic signals, intersections, and public areas that may have surveillance coverage.

Securing Preservation Notices

  • Once potential camera locations are identified, attorneys issue preservation notices to property owners or relevant entities.
  • These notices request the preservation of any surveillance footage related to the accident to prevent it from being overwritten or deleted.

Coordinating with Law Enforcement

  • Attorneys work closely with law enforcement agencies to identify and obtain any footage captured by traffic or security cameras in the vicinity of the accident.
  • This collaboration ensures access to official recordings that may be crucial for the case.

Subpoenaing Surveillance Records

  • If necessary, Queens trucking accidents attorneys can use legal processes such as subpoenas to compel businesses, municipalities, or property owners to provide surveillance footage.
  • This legal tool ensures access to relevant evidence even if property owners are initially reluctant to cooperate.

Analyzing Footage for Critical Events

  • Queens trucking accident lawyers thoroughly review the obtained surveillance footage to identify critical events leading up to and during the accident.
  • They focus on factors such as the behavior of the truck driver, adherence to traffic signals, and any other contributing factors.

Establishing Timeline and Sequence

  • Attorneys use surveillance footage to establish a timeline of events leading to the accident.
  • This timeline helps demonstrate the actions of both the truck driver and other parties involved, contributing to a clear narrative of liability.

Corroborating Witness Statements

  • Surveillance footage serves as a valuable tool for corroborating witness statements.
  • Matching witness accounts with visual evidence strengthens the credibility of the overall case.

Refuting Claims of Shared Liability

  • If the defendant claims shared liability, attorneys use surveillance footage to challenge these assertions.
  • Clear visuals can demonstrate the actions of the parties involved and refute any attempts to shift blame.

Presenting Visual Evidence in Negotiations or Court

  • Attorneys strategically incorporate surveillance footage into negotiations with the defendant’s insurance company.
  • If the case goes to trial, the footage is presented as persuasive visual evidence to support the victim’s claims.

Choose the Leading Truck Accident Attorneys in Queens to Maximize Your Compensation

If you or a loved one has been injured in a truck accident, you need a skilled and resourceful truck accident injury lawyer in Queens. At Rosenberg, Minc, Falkoff & Wolff LLP, we bring a legacy of over a century of legal excellence, having secure over $1 billion in compensation for injured New Yorkers. Our team of attorneys will tirelessly fight for your rights against negligent truck drivers and their employers.

From obtaining critical evidence to leveraging our expertise in negotiating with insurance companies and, if necessary, litigating in court, we are committed to maximizing your compensation. Contact us at 212-344-1000 to schedule your free consultation or reach us online.

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April Johnson
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Roberto Martinez
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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.
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Julio 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 Neri
Aisha 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.
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Aoki 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.
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Michael 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..
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