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A truck accident can be devastating, causing serious injuries or even fatalities. After such an accident, it’s important to have experienced legal representation on your side to help you navigate the legal system and recover compensation for your damages.
If you or a loved one has been injured in a truck accident in New York City/Bronx, you need the help of a skilled truck accident attorney. The lawyers at Mesadieu Law Firm have the experience and knowledge to represent clients in complex truck accident cases.
We understand the unique challenges of truck accident cases, including the often-catastrophic injuries, complex liability issues, and the need to identify all responsible parties, including the trucking company, the truck driver, and the manufacturer of the truck and its parts.
At Mesadieu Law Firm, we are dedicated to fight for our clients’ rights and help them obtain the justice and compensation they deserve. Our attorneys will investigate the accident, gather evidence, and build a strong case on your behalf. We are available 24/7 to answer your questions and provide you with the legal guidance you need.
If you have been involved in a truck accident in New York/Bronx, call Mesadieu Law Firm at 844-3-Right-By-You (844) 374-4482 or contact us online to schedule a free case evaluation with one of our experienced truck accident lawyers.
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Truck Accidents in New York: Get Help from Experienced Attorneys
Truck accidents can have devastating consequences, both physically and financially. The injuries sustained can be severe, and the long-term effects can be life-altering. It is essential to receive adequate and just compensation to get your life back on track.
Determining a fair settlement can be challenging, especially when you are recovering from serious injuries. That’s where experienced truck accident lawyers come in. Our team can thoroughly investigate your accident, assess the long-term financial implications, and fight to ensure you receive the compensation you deserve.
While you focus on healing, our attorneys will work tirelessly to safeguard your financial interests. Call Mesadieu Law Firm today at 844-3-Right-By-You (844) 374-4482 or contact us online to schedule a free case evaluation and let us help you get the justice you deserve.
What Can a New York Truck Accident Lawyer do for Me?
A New York City/Bronx truck accident lawyer can provide a range of services to help you after a truck accident. These may include, but not limited to the following:
- Investigating the accident: A lawyer can conduct a thorough investigation of the accident scene, analyze evidence, and interview witnesses to establish the cause of the accident.
- Assessing your damages: A lawyer can help you determine the full extent of your injuries and damages, including medical bills, lost wages, and pain and suffering.
- Dealing with insurance companies: A lawyer can handle negotiations with insurance companies to ensure that you receive fair compensation.
- Filing a lawsuit: A lawyer can file a lawsuit on your behalf and represent you in court.
- Providing legal guidance: A lawyer can guide you through the legal process and provide advice on your options and the best course of action.
Overall, a truck accident lawyer can help protect your rights and ensure that you receive the justice and compensation you deserve.
If you have been involved in a truck accident in New York/Bronx, call Mesadieu Law Firm at 844-3-Right-By-You (844) 374-4482 or contact us online to schedule a free case evaluation with one of our experienced truck accident lawyers.
How Much Does It Cost to Hire a Truck Accident Attorney in New York?
At Mesadieu Law Firm, we work on a contingency fee basis, which means you do not pay anything upfront or out-of-pocket. We only receive payment if we win your case or recover compensation for you.
What Should I Do After a Truck Accident in New York?
If you are involved in a truck accident in New York, there are several things you should do to protect your legal rights and ensure your safety:
- Seek medical attention: Your health and safety should be your top priority. Seek medical attention immediately, even if you don’t think you’re injured. Some injuries, such as whiplash or internal bleeding, may not show symptoms immediately but can be life-threatening if left untreated.
- Call the police: Report the accident to the police and wait for them to arrive. They will document the accident and create an official report that can be helpful in any legal proceedings.
- Gather information: Collect information from all parties involved in the accident, including the truck driver, their employer, and any witnesses. Be sure to get their names, contact information, license plate numbers, and insurance information.
- Take photos: Take photos of the accident scene, including any damage to vehicles and injuries that you sustained, or others involved.
- Do not admit fault: Do not apologize or admit fault, even if you think you may have contributed to the accident. This can be used against you later in legal proceedings.
- Contact a truck accident attorney: Contact an experienced truck accident attorney in New York to help you navigate the legal process, protect your rights, and seek compensation for any damages or injuries sustained in the accident.
If you have been involved in a truck accident in New York/Bronx, call Mesadieu Law Firm at 844-3-Right-By-You (844) 374-4482 or contact us online to schedule a free case evaluation with one of our experienced truck accident lawyers.
How Long Does It Typically Take to Resolve a Truck Accident Case in New York/Bronx?
The length of time it takes to resolve a truck accident case in New York/Bronx can vary greatly depending on various factors, such as the complexity of the case, the severity of injuries, and the willingness of the parties to negotiate a settlement.
In some cases, a truck accident case may be resolved in a matter of months, while others can take years to reach a resolution. It’s essential to work with an experienced truck accident lawyer who can evaluate the specific circumstances of your case and provide you with a realistic timeline for resolution. They can also help you navigate the legal process and work towards a successful outcome.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
How Much Compensation Can I Expect for My Truck Accident Case in New York/Bronx?
The amount of compensation you can receive for your truck accident case in New York City/Bronx will depend on various factors, including the severity of your injuries, the cost of your medical bills, the extent of your property damage, lost wages, and other economic and non-economic damages.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Are the Most Common Types of Injuries Sustained in a Truck Accident in New York/Bronx?
The most common types of injuries sustained in a truck accident in New York/Bronx include, but not limited to the following:
- Traumatic Brain Injuries (TBI) and head injuries.
- Spinal cord injuries.
- Neck and back injuries.
- Broken bones and fractures.
- Internal injuries and bleeding.
- Burns and lacerations.
- Amputations.
- Post-Traumatic Stress Disorder (PTSD).
It is important to seek medical attention immediately after a truck accident, even if you feel fine. Some injuries may not be immediately apparent, and delayed treatment can worsen the condition. Additionally, seeking medical attention will provide important documentation for your case.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Should I Consult with a Lawyer if There Were No Injuries in a Truck Accident in New York/Bronx?
It’s always a good idea to consult with a lawyer after a truck accident, even if there were no injuries. There may still be property damage or other expenses that need to be addressed, and an experienced truck accident lawyer can help ensure that you receive fair compensation for any losses or damages incurred. Additionally, there may be legal or insurance issues that you are not aware of, and a lawyer can provide valuable guidance and support throughout the process.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Under What Circumstances Am I Eligible for Pain and Suffering Damages After a Truck Accident in New York/Bronx?
Pain and suffering damages are typically awarded to compensate for the physical and emotional distress caused by a truck accident. In New York/Bronx, you may be eligible for pain and suffering damages if you have suffered a “serious injury” as defined by state law. This may include injuries such as broken bones, disfigurement, or permanent loss of bodily function. Additionally, if you have suffered from emotional trauma such as anxiety or depression because of the accident, you may also be eligible for pain and suffering damages. A qualified truck accident lawyer can evaluate your case and advise you on the types of damages you may be entitled to receive.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Is it Important to Report a Truck Accident to Law Enforcement in New York/Bronx?
Yes, it is highly recommended to call law enforcement to report a truck accident. In fact, it is required by law in New York to report any motor vehicle accident that results in injury, death, or property damage exceeding $1,000. A police report can provide important documentation of the accident, including the date, time, and location of the accident, the parties involved, and any witness statements. This can be invaluable when filing an insurance claim or pursuing legal action. Additionally, law enforcement can help ensure that any injured parties receive medical attention, and that the accident scene is safely cleared.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
When Should I Contact My Insurance Company After a Truck Accident in New York/Bronx?
After a truck accident in New York/Bronx, you should contact your insurance company as soon as possible. It is recommended that you contact your insurance company within 24 hours of the accident to report the incident and begin the claims process. This will allow your insurance company to start investigating the accident and collecting necessary information while it is still fresh in your mind. It is important to provide accurate and detailed information about the accident to your insurance company so that they can properly evaluate your claim.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
How Should I Handle Communication with an Insurance Adjuster After a Truck Accident in New York/Bronx?
After a truck accident, it is important to be careful when communicating with insurance adjusters. Here are some tips:
- Be cautious: Remember that insurance adjusters are working for the insurance company, not for you. Their goal is to minimize the amount of money that the insurance company has to pay out.
- Don’t give a recorded statement without legal representation: Insurance adjusters may ask you to give a recorded statement about the accident. It is best to decline this request until you have spoken with a truck accident lawyer. Anything you say can be used against you later.
- Don’t admit fault: Do not admit fault or make any statements that could be interpreted as admitting fault. Stick to the facts of the accident and avoid speculating about what happened.
- Be honest: While you shouldn’t admit fault, you should always be honest when communicating with an insurance adjuster. Lying or exaggerating can harm your case.
- Get everything in writing: If an insurance adjuster makes a settlement offer or any promises, make sure to get it in writing. This can help prevent misunderstandings later.
- Keep all documentation: Keep a record of all communication with the insurance adjuster, including phone calls, emails, and letters. Also, keep a copy of all medical bills and other expenses related to the accident.
- Don’t sign anything without consulting an attorney: If an insurance adjuster asks you to sign anything, it is important to consult with an attorney first. Signing a document without understanding what it says can harm your case.
- Consult with an attorney: Finally, it is always a good idea to consult with an experienced truck accident attorney before communicating with an insurance adjuster. An attorney can help protect your rights and ensure that you receive fair compensation for your injuries and damages.
Remember, insurance adjusters are trained to protect the interests of their company, not yours. Be careful when dealing with them and don’t hesitate to seek legal representation if necessary.
Mesadieu Law Firm is available 24/7. Contact us today at 844-3-Right-By-You (844) 374-4482 or online to schedule a free case evaluation. Our commitment to our clients is unwavering, and we stand by you every step of the way. We’ll stand right by you. We’ll do right by you.
What Steps Should I Take If I Experience Injuries After a Truck Accident in New York/Bronx?
If injuries show up after a truck accident in New York/Bronx, you should take the following steps:
- Seek Medical Attention: Your health and safety should be your top priority. If you experience any injuries, seek medical attention right away. Even if you don’t feel any pain or discomfort initially, it’s important to get checked out by a medical professional as some injuries can take time to surface.
- Document the Injuries: Keep a record of any injuries you experience after the truck accident. This can include taking photographs of visible injuries, documenting the date and time of any medical appointments, and keeping track of any medications prescribed by your doctor.
- Contact Your Lawyer: If you have already hired a lawyer, reach out to them to let them know about your injuries. If you haven’t hired a lawyer yet, consider reaching out to one who specializes in truck accident cases. They can advise you on the best course of action to take next.
- Notify Your Insurance Company: You should also let your insurance company know about any injuries you’ve experienced since the accident. They may need this information to process your claim and provide you with any necessary coverage.
Remember, it’s always better to be safe than sorry when it comes to your health. Don’t hesitate to seek medical attention if you experience any injuries after a truck accident.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Should I Do If I Lost a Loved One to A Truck Accident in New York/Bronx?
Losing a loved one in a truck accident is a devastating and traumatic experience. If you find yourself in this situation, there are several steps you can take. They are as follows:
- Contact a compassionate and experienced wrongful death attorney: A wrongful death attorney can provide guidance and support during this difficult time. They can help you understand your legal options, including pursuing a wrongful death claim.
- Gather information and evidence: Collect as much information and evidence as possible about the accident, including police reports, witness statements, and photos. This information can be helpful in building a strong case.
- Consult with a grief counselor or therapist: The emotional toll of losing a loved one can be overwhelming. It’s important to seek help from a professional who can provide emotional support and guidance.
- Notify the insurance company: If your loved one had insurance coverage, it’s important to notify the insurance company of their passing. An attorney can help you navigate this process.
- Take care of yourself: Grieving is a difficult process, and it’s important to take care of yourself during this time. This may include taking time off work, spending time with loved ones, and seeking support from a grief support group.
Mesadieu Law Firm is available 24/7, and we never charge a fee unless you receive the justice and compensation you deserve. Contact our compassionate and dedicate attorneys today at 844-3-Right-By-You (844) 374-4482 or online to schedule a free case evaluation. Our commitment to our clients is unwavering, and we stand by you every step of the way. We’ll stand right by you. We’ll do right by you.
Whom Can I Sue If I was Hit by A Truck in New York City/Bronx?
If you were hit by a truck in New York/Bronx, there may be several parties who could be held liable for your injuries. These parties could include:
- The driver of the truck: If the driver of the truck was negligent or reckless, they could be held liable for your injuries.
- The trucking company: The trucking company could be held responsible for your injuries if they were negligent in their hiring or training of the driver, failed to maintain the truck in a safe condition, or pressured the driver to violate safety regulations in order to meet delivery deadlines.
- The manufacturer of the truck or its parts: If the accident was caused by a defect in the truck or one of its parts, such as faulty brakes or a defective steering system, the manufacturer of the truck or its parts could be held liable.
- Other parties: Depending on the specific circumstances of the accident, other parties could also be held liable, such as a third-party maintenance company that worked on the truck.
It’s important to consult with an experienced personal injury lawyer to determine the parties that may be liable for your injuries and to take appropriate legal action.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Can I File a Lawsuit If I was Injured by Cargo that Fell Out of a Truck in New York/Bronx?
Yes, you can file a lawsuit if you were injured by cargo that fell out of a truck in New York City/Bronx. The truck driver or the company that owns the truck may be held responsible for the accident. It is important to gather as much information as possible at the scene of the accident, including the name of the company that owns the truck, the name of the driver, and any identifying information about the truck and its cargo. It is also advisable to seek medical attention as soon as possible after the accident, and to consult with an experienced personal injury attorney who can help you understand your legal rights and options.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Are the Key Differences Between Truck Accidents and Car Accidents in New York/Bronx?
Truck accidents and car accidents have some significant differences, especially when it comes to the severity of the injuries and the complexities of the legal claims. Here are some key differences between the two:
- Severity of injuries: Truck accidents can result in more severe injuries due to the size and weight of commercial trucks. These injuries can be life-threatening or cause permanent disabilities, while car accidents typically result in less severe injuries.
- Complexities of legal claims: Truck accidents are often more complex than car accidents, as there may be multiple parties involved, including the trucking company, the driver, the owner of the truck, and the manufacturer of the truck. Additionally, there may be federal and state regulations that come into play, which can affect the liability of the parties involved.
- Investigation: Investigating a truck accident may require more resources and expertise than a car accident. The cause of the accident may involve factors such as driver fatigue, inadequate maintenance, or improper loading of cargo. A thorough investigation may require accident reconstruction, examination of the truck’s maintenance and inspection records, and interviews with witnesses.
- Insurance coverage: Trucking companies typically have higher insurance coverage limits than individual drivers, which means there may be more insurance money available to cover damages and injuries resulting from a truck accident.
- Statute of limitations: In New York City/Bronx, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, there may be different deadlines depending on the circumstances of the case, such as if the claim is against a government entity.
In summary, truck accidents are often more severe and complex than car accidents, and it is essential to work with an experienced attorney who understands the nuances of truck accident cases.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Are Truck Underride Accidents and How Do They Occur in New York City/Bronx?
Truck underride accidents happen when a car or other vehicle collides with the trailer of a truck and slides underneath it. Despite the National Highway Traffic Safety Administration’s requirement for truck trailers to have rearguards to prevent these types of collisions, aging or poorly maintained guards can still fail in an accident. Smaller vehicles can also slide under the side of a truck trailer when the truck is turning.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Are the Typical Types of Damages in a Truck Accident Case in New York City/Bronx?
Truck accidents can result in a variety of damages for the victim. Fortunately, New York law provides for compensation for victims of vehicle accidents, covering losses related to physical, financial, and emotional damages.
Extensive Damage to Property
Truck accidents can cause extensive property damage. Because of the significant size and weight of commercial trucks, collisions with smaller vehicles can result in severe damage to the cars, as well as any property located near the roadway, such as homes, garages, and yards. In these cases, the property owner may be entitled to compensation for the damages caused by the truck accident.
Severe Physical Injuries
Severe physical injuries can be one of the most devastating consequences of a truck accident. Due to the size and weight of commercial trucks, collisions often result in catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, burns, and fractures. These injuries can have long-lasting effects on the victim’s physical, emotional, and financial well-being, and can require extensive medical treatment and rehabilitation. Victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering related to their injuries.
Financial Losses
Financial losses can be significant after a truck accident. This includes medical bills, lost wages, and other expenses incurred because of the accident. In some cases, the victim may require ongoing medical care or rehabilitation, resulting in long-term financial implications. Additionally, if the accident resulted in the victim’s death, their family may also experience financial losses such as funeral expenses and loss of income. These losses can be considered when seeking compensation in a truck accident case.
Emotional Damages
Emotional distress and trauma can be another common type of damage in a truck accident case. Victims of a truck accident can suffer from psychological harm, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional issues. These damages may be compensated by a legal claim against the at-fault party.
Collaborating with a truck accident lawyer in New York City/Bronx from our firm can guarantee that your emotional damages are considered when seeking a settlement.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Should I Hire a Truck Accident Lawyer for a Minor Accident?
It is always advisable to consult with a truck accident lawyer, regardless of the severity of the accident. Even a seemingly minor accident can result in injuries or property damage that may not become apparent until later. A skilled truck accident lawyer can assess your case, negotiate with insurance companies on your behalf, and ensure you receive fair compensation for your damages. It is better to be safe than sorry and seek legal advice to protect your rights and ensure you receive the justice and compensation you deserve.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
How Long Does It Typically Take to Resolve a Truck Accident Claim in New York/Bronx?
The time it takes to resolve a truck accident claim in New York/Bronx can vary depending on the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate a fair settlement. In general, it can take anywhere from several months to several years to resolve a truck accident claim.
During this time, the parties involved in the case will typically engage in negotiations to try to reach a settlement agreement. If a settlement cannot be reached, the case may proceed to litigation and a trial may be necessary to determine the outcome.
It’s important to work with an experienced truck accident lawyer who can help guide you through the process and work to ensure you receive the compensation you deserve for your injuries and damages. They can also give you a better estimate of how long your specific case may take based on its unique circumstances.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
How Can I Protect My Legal Rights After a Truck Accident in New York/Bronx?
After a truck accident in New York/Bronx, it’s essential to take certain steps to protect your legal rights. Here are some things you can do:
- Seek medical attention: Your health and safety should be your top priority. Seek medical attention immediately, even if you feel fine. Some injuries may not manifest until later, and having a medical record can also be useful in your case.
- Document the scene: If possible, take photos of the accident scene, the vehicles involved, and any visible injuries you may have sustained. Get the names and contact information of any witnesses.
- Contact the police: Call 911 and report the accident to the police. A police report can be helpful in your case.
- Don’t admit fault: Do not apologize or admit fault for the accident. These statements can be used against you in a legal proceeding.
- Contact a truck accident lawyer: It’s essential to contact an experienced truck accident lawyer as soon as possible to protect your rights and guide you through the legal process.
By taking these steps, you can protect your legal rights and increase the likelihood of a successful truck accident claim.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Are My Options If the At-Fault Party in a Truck Accident Does Not Have Insurance in New York/Bronx?
If the at-fault party in a truck accident does not have insurance in New York City/Bronx, there are several options you can consider:
- Uninsured motorist coverage: If you have uninsured motorist coverage as part of your own insurance policy, you can make a claim against your own policy for the damages you sustained in the accident.
- Personal injury lawsuit: You can file a personal injury lawsuit against the at-fault party to recover damages. However, if the at-fault party does not have insurance, they may not have the assets to pay for your damages if you win a judgment.
- Governmental entity claims: If the truck involved in the accident was owned by a government agency or was being operated by a government employee, you may be able to file a claim against the agency to recover damages.
- Negotiations: In some cases, the at-fault party may agree to pay for damages out of pocket rather than face legal action. You can negotiate with the at-fault party and try to come to an agreement on the amount of compensation they will pay.
It is important to speak with a truck accident attorney to understand your options and determine the best course of action for your specific situation.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
In New York/Bronx, who is Liable for a Truck Accident—The Truck Driver or the Trucking Company?
In a New York/Bronx truck accident, liability depends on the circumstances of the accident. In some cases, the driver may be solely responsible for the accident, while in others, the trucking company may share liability.
If the truck driver was negligent or acted recklessly, such as driving under the influence, speeding, or texting while driving, they may be held liable for the accident. However, if the driver was an employee of a trucking company, the company may also be held responsible under the doctrine of “respondeat superior,” which holds employers responsible for the actions of their employees.
The trucking company may also be held liable if they were negligent in hiring, training, or supervising the driver, or if they failed to properly maintain or repair the truck. Additionally, if the accident was caused by a defect in the truck or its parts, the manufacturer of the truck or parts may also be held liable.
Determining liability in a truck accident can be complex, and it is important to seek the advice of an experienced truck accident attorney in New York City/Bronx who can investigate the accident and help determine who is responsible for your damages.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Makes Truck Accident Claims Unique in New York/Bronx?
Truck accident claims are unique in New York City/Bronx for several reasons. First, trucks are much larger and heavier than passenger vehicles, which can result in more severe injuries and damages. Secondly, trucking companies are subject to specific federal regulations that can impact liability in the event of an accident. Additionally, truck accidents often involve multiple parties, including the driver, the trucking company, the manufacturer of the truck or its parts, and other potentially liable parties. Finally, the investigation and evidence-gathering process for a truck accident can be more complex, requiring specialized knowledge and resources to effectively build a strong case.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What is the Average Settlement Amount for a Truck Accident Case in New York/Bronx?
It is difficult to determine an average settlement amount for a truck accident case in New York/Bronx as every case is unique and depends on various factors, including the extent of damages, liability, and insurance coverage. The settlement amount can range from a few thousand dollars to millions of dollars. It is essential to consult with an experienced truck accident lawyer who can evaluate the specific circumstances of your case and provide a realistic estimate of the potential settlement amount.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Will I Have to Go to Court for a Truck Accident Case in New York/Bronx?
In some cases, a truck accident claim can be settled out of court through negotiations between the parties involved. However, if a settlement cannot be reached, the case may proceed to trial, and you may have to attend court hearings. Additionally, if the insurance company or the other party denies liability or disputes the amount of damages claimed, it may be necessary to file a lawsuit and pursue the case in court. It’s essential to work with an experienced truck accident lawyer who can help you navigate the legal process and determine the best course of action for your specific case.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
How Does Driver Fatigue Contribute to Truck Accidents?
Driver fatigue is a leading cause of truck accidents. Truck drivers often have long work hours and tight delivery schedules, which can lead to sleep deprivation and fatigue. When a driver is fatigued, their reaction time, decision-making ability, and judgment are impaired, increasing the risk of accidents. Fatigued drivers may also experience microsleeps, which are brief periods of sleep that last only a few seconds but can be long enough to cause a serious accident. Additionally, fatigue can lead to a lack of attention and awareness of the road and surroundings, increasing the risk of collisions with other vehicles, pedestrians, or objects on the road.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
How is Negligence Determined in a Truck Accident Case in New York/Bronx?
In a truck accident case in New York/Bronx, negligence is determined by proving that the at-fault party had a duty to exercise reasonable care, that they breached that duty, and that the breach caused the accident and resulting damages.
To establish negligence, evidence such as police reports, eyewitness accounts, accident reconstruction reports, and medical records may be used. It’s important to work with an experienced truck accident lawyer who can help gather and analyze this evidence to build a strong case for negligence.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Types of Truck Accidents Can Occur in New York City/Bronx?
There are several types of truck accidents that can occur in New York/Bronx, including:
- Rear-end collisions: These occur when a truck hits the vehicle in front of it from behind.
- Jackknife accidents: These happen when a truck’s trailer swings out to the side, forming a 90-degree angle with the truck cab.
- Rollover accidents: These occur when a truck tips over on its side or roof, often due to high speeds or sharp turns.
- Underride accidents: These happen when a smaller vehicle collides with a truck and becomes wedged underneath its trailer.
- Blind spot accidents: These occur when a truck driver cannot see another vehicle in its blind spot and collides with it.
- Lost load accidents: These happen when a truck’s cargo becomes loose and falls onto the roadway or onto other vehicles.
- T-bone accidents: These occur when a truck collides with a vehicle from the side, forming a “T” shape.
Each type of accident can result in serious injuries or even death, so it’s crucial to seek legal help if you’ve been involved in a truck accident.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
What Are the Common Causes of Truck Accidents in New York/Bronx?
The common causes of truck accidents in New York/Bronx include:
- Driver fatigue: Long hours of driving without proper rest can lead to driver fatigue, which impairs a driver’s judgment and reaction time.
- Distracted driving: Truck drivers may get distracted by their phones, GPS systems, or other devices, taking their focus away from the road.
- Improper training: When drivers are not properly trained, they may not know how to handle the truck in certain situations, leading to accidents.
- Overloaded or oversized trucks: Overloading a truck or carrying oversized loads can cause the truck to become unstable and increase the risk of an accident.
- Poorly maintained vehicles: When trucks are not properly maintained, mechanical failures like faulty brakes or tire blowouts can lead to accidents.
- Reckless driving: Speeding, tailgating, and other forms of reckless driving can cause a truck accident.
- Weather conditions: Rain, snow, ice, and other weather conditions can affect a truck driver’s ability to control the vehicle.
- Drug or alcohol use: When a driver is under the influence of drugs or alcohol, their judgment and reaction time are impaired, increasing the risk of an accident.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Parties That May Be Held Liable After a Truck Accident in New York/Bronx
Identifying all potentially liable parties is crucial in a truck accident case as it can help ensure that you receive maximum compensation for your damages. In many cases, there may be multiple parties responsible for the accident.
A skilled truck accident lawyer can conduct a thorough investigation of the crash and gather evidence to determine the cause of the accident. They can then identify all parties who may be held responsible and fight to get you the compensation you deserve for your injuries, damages, and losses.
The Role of the Trucking Company in a Truck Accident Case in New York City/Bronx
Trucking companies may prioritize profits over safety, leading them to violate regulations to increase their bottom line. This can include neglecting vehicle maintenance, hiring unqualified drivers, and pushing drivers to work beyond maximum on-duty hour regulations.
If a trucking company’s negligence contributed to a truck accident, they may be held liable for:
- Failure to maintain a safe vehicle
- Unqualified or inadequately trained driver hires
- Noncompliance with maximum on-duty hour regulations
A trucking company’s disregard for safety puts lives at risk, and when their actions result in personal injury, a truck accident lawyer can hold them accountable. Your lawyer can also investigate the company’s history of safety violations and complaints.
The Truck Driver
Unfortunately, some truck drivers may engage in reckless or negligent behavior while behind the wheel, putting themselves and others on the road at risk. The following are some examples of how a truck driver’s actions can lead to a truck accident:
- Distracted driving, such as texting or using a phone while driving
- Driving under the influence of drugs or alcohol
- Speeding or driving too fast for road or weather conditions
- Failure to properly secure or load cargo
- Failure to properly maintain the truck, including brakes and tires
- Violating hours-of-service regulations and driving fatigued
In a truck accident case in New York City/Bronx, it’s not uncommon for the truck driver, trucking company, or insurance company to deny any wrongdoing, even when they are at fault. In such cases, it’s important to have a truck accident lawyer who can investigate the accident to determine the cause and hold the driver accountable for their actions.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
The Manufacturer
In some cases, the truck manufacturer may also be held liable for a truck accident. If the accident was caused by a defect in the truck’s design or manufacturing, the manufacturer may be responsible for any resulting injuries or damages. A thorough investigation of the accident can determine if the cause of the accident was due to a manufacturing defect, which can lead to a product liability claim against the manufacturer. A skilled truck accident lawyer can assist in identifying any potential liability on the part of the manufacturer and help you pursue compensation for your injuries and damages.
If you have been involved in a truck accident in New York/Bronx, we are available 24/7, and we never charge a fee unless we win your case. To schedule a free case evaluation with Mesadieu Law Firm, call us at 844-3-Right-By-You (844) 374-4482 or contact us online. Our unwavering standard is “Right by You,” and we promise to stand right by you and do right by you every step of the way.
Truck Accident FAQ
What Can a New York City/Bronx Truck Accident Lawyer do form Me?
A lawyer can help you understand your rights after a truck accident in addition to negotiating with your insurance company and/or the negligent truck driver (as well as their employer and their insurance company) on your behalf and providing representation if your case goes to court.
Insurance companies do not want to pay you anything beyond the bare minimum and they will employ every trick that they know to protect their own interests. Experienced lawyers like those at Mesadieu Law Firm understand how these businesses operate and will fight to make sure that you receive the compensation you deserve.
How Much Does it Cost to Hire a Truck Accident Attorney?
At the Mesadieu Law Firm, we work on a contingency fee basis. This means you pay us no money unless we win your case. We only get paid when you do.
What Should I Do After a Truck Accident?
Take a moment to evaluate your surroundings and find a safe place away from traffic from which to call 911. Law enforcement officers are equipped to provide first aid and will arrange other emergency services if they are necessary. Try to move your vehicle away from traffic flow if it is possible and safe to do so as this will give emergency vehicles easier access to the crash site.
Take pictures and exchange necessary identifying information such as your name, address, telephone number, and insurance details with the other drivers involved. Asking for contact information of witnesses is wise as well, as they may be able to provide testimony in your case.
Call your insurance company so that they can begin working with you to address the accident and the damages done as soon as possible.
See a doctor, even if you believe you are unharmed. Injuries from truck accidents don’t always appear immediately after the crash. An examination by a medical professional can identify any issues and give you peace of mind.
Call a lawyer. Having an experienced professional to guide you through the legal process is invaluable and can help you win higher compensation than the lowball offer insurance companies want you to accept.
How Long Does A New York City/Bronx Truck Accident Case Take?
There is no set timeline for truck accident lawsuits, though they tend to take between several months and a few years. Keep in mind that every case is different, and the length of time is dependent on the cooperation of the insurance company, appeals, and whether the case goes to trial. Calling an experienced attorney that will move your case along at the right pace soon after the accident is the best way to receive your settlement as quickly as possible.
How Much is My Truck Accident Case Worth?
Truck accident settlement amounts are dictated by a number of factors, including the extent of injuries, damage to the vehicle, pain and suffering, as well as time missed at work.
Typically, insurance companies will offer you much less than what you may be entitled to. It is essential that you speak with an attorney to be sure you are getting the settlement you deserve.
What Are Some of the Common Injuries After A Truck Accident?
- Whiplash,
- concussion,
- broken bones,
- herniated discs,
- skin lacerations,
- burns, and
- joint issues are all common in victims of truck accidents.
In addition to physical injuries, those who have been involved in crashes often suffer from anxiety and other mental health troubles as a result of the accident.
If you were injured in a truck accident, it is wise to seek medical attention. A healthcare provider will be able to both care and a report of your injuries that can be used if you choose to pursue legal action.
Should I Contact a Lawyer if No One Was Injured in the Truck Accident?
Contacting a lawyer after a truck accident, even if no one was injured, is a wise course of action. Lawyers can help you deal with insurance and trucking companies who don’t want to pay you what you’re owed as well as create documentation that can help you protect yourself if another party decides to file a lawsuit. Also, if your vehicle was damaged in an accident, a lawyer can help you navigate suing for property damage.
Am I Eligible for Pain and Suffering Damages?
Pain and suffering damages are a type of non-economic damages meant to address an injured person’s physical and emotional suffering. Those with serious injuries that were not at-fault for their accident may be entitled to compensation for their pain and suffering. Insurance companies do not want to pay victims for this intangible damage. Hiring an experienced lawyer that will gather medical documentation and witness testimony is vital in building your case.
Should I Call Law Enforcement to Report a Truck Accident?
It is highly advisable to call local law enforcement after a truck accident in New York City/Bronx. In addition to providing first aid and other forms or practical help, police will file a report of the accident. A police report contains identifying information and a description of the crash that may be helpful if you decided to file a lawsuit. Additionally, in some cases you may be legally obligated to report the accident.
When Should I Contact My Insurance Company?
You should call your insurance company immediately after a truck accident to report any damage to your truck, car or injuries to your person. Reporting any injuries early is essential if you intend to apply for no-fault benefits, as insurance companies may try to deny the existence of any injuries not reported in a timely manner. Your insurance company may also be able to help you arrange repairs for your vehicle. It is important to remember, however, that your insurance company wants to pay you the least amount of damages possible and to be careful with how you approach them. An auto accident attorney can help guide you through these interactions and safeguard your rights.
How Should I Deal With An Insurance Adjuster After A Truck Accident?
When an insurance adjuster contacts you, make sure you clarify what company they represent. Talking to your own no-fault provider or a property damage adjuster is usually fine, but you should never speak with the insurance adjuster of the at-fault driver. They are simply looking for a way out of paying a settlement and may use your words against you if you speak with them. If you war not sure who you are talking to or are uncomfortable with the questions you are asking, you are always best off talking to an attorney before answering questions.
What Should I Do If Injuries Show Up After A Truck Accident?
It is very common for injuries not to show up immediately after a truck accident. The rush of adrenaline a victim experiences after being hit can block out pain only for it to arise later. If you are experiencing pain due to a truck accident, seeing a healthcare professional is the best way to receive proper treatment. New York law allows those injured in a truck accident three years to file a claim. Even if it has been a while since your accident, if you are suffering from an injury sustained in a truck crash, you should call an experienced lawyer as you may have a case.
What Should I Do If I Lost a Loved One to A Truck Accident in New York City/Bronx?
Losing a loved one to an unjust, preventable death is a great tragedy that can often be compounded by medical and funeral bills as well as loss of income. A New York City/Bronx wrongful death attorney can make sure that your family is informed of your rights and options as well as assist you in your pursuit of justice. Nothing can ever make a wrongful death right, but at the very least compensation can help ease the financial stress that often accompanies death.
Who Can I Sue If I was Hit by A Truck?
Depending on the circumstances of your accident, the trucking company, the truck manufacturer, and or a third-party contractor may be liable.
Trucking companies are frequently liable for the negligence of their employees under New York law. You may additionally be able to sue the trucking company for poor maintenance, inadequate training, or falsifying information to let the driver drive longer than they should without a break or sleep.
If the accident was caused by a mechanical failure in the truck, the company may be at-fault for not having the truck properly inspected. The manufacturer of the part that failed may also be liable.
An experienced New York City/Bronx truck accident attorney can help you identify all the parties that are potentially liable in your suit to ensure you receive the compensation you deserve.
Can I Sue If I was Hit by Cargo that Fell Out of A Truck?
Trucking companies and their drivers are responsible for securing their cargo safely in the vehicle or bed. If you were in an accident caused by fallen cargo—whether it caused you to swerve into another vehicle or the cargo hit you directly, the trucking company may be liable for damages.
How Are Truck Accidents Different from Car Accidents?
Truck accidents are incredibly dangerous due to the size and weight of the commercial vehicle involved. In these crashes, the cost of medical bills and property damage tend to be higher than in a typical car accident. Truckers also have the backing of big companies with larger insurance policies.
Federal law requires commercial trucks involved in interstate commerce to carry $750,000 of insurance for bodily injury and property damage. Many companies have even higher coverage and the insurance companies will do everything in their power to keep from paying it. Having a lawyer to help you deal with them can make the process less stressful and lead to a higher payout.
What is a Truck Underride Accident?
Truck underride accidents occur when a car or other vehicle crashes into the trailer of a truck and slides underneath it. While the National Highway Traffic Safety Administration requires truck trailers to have rearguards to prevent these dangerous collisions, aging or poorly maintained guards can still fail in an accident. Smaller vehicles can also slide under the side of a truck trailer when the truck is making a turn.
What Are Common Damages of a Truck Accident?
A truck accident can cause a host of damages for the accident victim. Thankfully, New York law allows for victims of vehicle accidents to recover compensation for the losses they have experienced, whether physical, financial, or emotional.
Extensive property damage
An average passenger vehicle weighs around 3,000 pounds. So, when a collision happens between a car and a truck that can weigh up to 30,000 pounds – or even more – there are often substantial damages sustained to the smaller vehicle.
Sometimes, though, the vehicle is not the only property damaged in a crash. Residents of homes that are close to the road may have a truck crash into their property, damaging their home, garage, and yard without even being involved in the accident. These losses can be claimed as well for compensation.
Severe physical injuries
Because of the nature of truck accidents, many truck accident victims suffer serious injuries. These can include:
- Traumatic brain injuries
- Broken bones
- Loss of limb
- Paralysis
- Internal injuries
If the injuries are severe enough, medical care may be given immediately following the crash, with an ambulance called or a trip to the hospital. However, several injuries may not be noticeable right away but can pose problems down the road.
It is important to seek medical attention as soon as possible if you have been in a truck accident. Even if you feel fine and do not believe you are injured, an examination by a medical professional can identify subtle injuries you may have sustained. The earlier these issues are diagnosed, the sooner treatment and recovery can begin.
Financial losses
After the accident, you likely face mounting financial expenses. For example, you may be required to take extended time off work for your physical and emotional recovery. Or, even if you can continue working, you may be limited in the hours or type of work you can perform.
Essential medical treatment and rehabilitation can be expensive as well. Medical bills for ambulatory or surgical care, prescription medication, and continued home care can begin to pile up after the accident. You may even need to make modifications to your home or vehicle during your recovery.
You deserve compensation for your financial losses due to lost wages and medical bills.
Emotional damages
Many of the damages suffered after a truck accident are difficult to measure financially. Truck accident victims often experience immense pain and suffering after the accident, including emotional stress or even PTSD.
The personal injury suffered could be severe enough to result in a permanent disability or disfigurement, including a loss of limb. Even though these emotional damages are not easily measured, they are very real damages that deserve compensation.
Working with a New York City/Bronx truck accident lawyer at our firm can ensure your emotional damages are considered in your settlement.
Should I Hire a Truck Accident Lawyer for a Minor Accident?
Trucks are large vehicles; their sheer size and weight can cause extensive damage even in what seems like a minor accident. Some may assume a truck accident is minor when there are no visible injuries and limited property damage has been inflicted. Yet, you should remember that some injuries may not be evident at first.
In time, you may need to see a doctor for your injuries, possibly resulting in time off work and mounting medical bills. Even if you feel fine after an accident, you must get a medical check-up as soon as possible and keep an eye on any symptoms that may appear.
Whether you were in a minor or major truck accident, it is advisable to seek counsel from an experienced lawyer to find out what your rights are. You can schedule a free, no-obligation consultation with our experienced truck attorneys to discuss your case details. We can give you an honest evaluation of your case to help you make an informed decision on your truck accident case.
How Long Does a Truck Accident Claim Take to Settle?
Among the most dangerous types of vehicle accidents that drivers may experience are truck accidents. Not only can they be more dangerous, but they can also be more complicated from a legal standpoint. Consequently, truck accidents may take longer to settle than car accidents in general.
For instance, many truck drivers do not own the truck they drive. The vehicle could be owned by a trucking company – so there may be more than one responsible party legally involved.
These are just a few of the many factors involved in a truck accident claim. They may complicate the process of reaching a settlement, but you can still be successful.
With skillful and knowledgeable lawyers on your side, a truck accident case could reach a settlement in a few months. However, when there is a mountain of complex issues ahead of you, it could take much longer.
What Can I Do to Protect My Rights After a Truck Accident?
Everything that happens after the accident can either safeguard or jeopardize your rights. To protect yourself after a truck accident, it is important to ensure the safety of anyone injured in the accident and call 911 as soon as possible.
When the police get to the accident scene, they will be able to assist all those involved and officially document the incident. All necessary information will be included in the police report, which can serve as supporting evidence for your case.
The following steps will help you later on if you decide to file a personal injury claim for your injuries:
Check for injuries and call emergency services
- Refrain from apologizing or admitting fault as this can affect your chances of compensation
- Document the accident by taking photos, videos, and collecting witness statements
- Seek medical attention even if you feel fine at the time
- Keep track of expenses and medical reports
- Contact a truck accident lawyer for legal advice
- Notify your insurance company
What Happens If the At-Fault Party Does Not Have Truck Insurance?
Filing a claim with your personal insurance company
If the at-fault party is uninsured, you might be able to file a claim with your own insurer. This is possible if you hold uninsured/underinsured motorist coverage protection.
Filing a claim or lawsuit against the at-fault truck driver’s company
If the truck driver doesn’t have insurance, you may be able to seek compensation via his or her employer or truck company. If the company is found to be at fault for the accident, you could seek compensation by filing a claim with their insurance company.
Alternatively, a truck accident lawyer can explore the option of filing a lawsuit against the driver personally or the employer on your behalf.
Is the Truck Driver or Trucking Company Responsible in a Truck Accident?
There is no doubt that a truck accident can be more complex legally than a regular car accident. More than one party can be connected to the truck and liable for the collision.
First of all, a truck driver may not own the truck he is operating. A trucking company may own the truck, while a third party might be responsible for the load being transported.
It can be difficult to ascertain what caused the accident. However, once the reason is pinpointed, it could still be puzzling to determine who is accountable or whether more than one party is responsible.
Was negligence on the part of a single person, such as the driver, the cause? If the driver is responsible, did the trucking company pressure the driver to proceed carelessly to meet deadlines? Or did something similar occur with the loaders of the cargo so they loaded it wrong?
It is crucial to reach an answer to these questions and many more to determine whether the truck driver, trucking company, or a third party is to blame.
Why Are Truck Accident Claims Unique?
Two main factors make truck accidents unique: the size of the truck and the fact that it is a commercial vehicle.
First of all, the sheer size and weight of tractor-trailers mean that many New York truck accidents result in serious damage. With these types of serious injuries or financial losses in the millions, working with a New York City/Bronx truck accident lawyer becomes even more essential than a regular car collision.
Second, truck accident cases are complex because these involve commercial vehicles with special insurance. The regulations surrounding semi-truck insurance policies are different from those for passenger vehicles. What’s more, both the trucking company and the insurance company have an incentive to avoid responsibility for the crash and find ways to deny the claim.
Hiring a truck accident attorney who is well-versed in New York law and the unique aspects of your truck accident case is the best way to maximize your results.
What is the Average Settlement for a Truck Accident?
Truck accident settlements can vary from thousands to millions of dollars depending on the circumstances of each case. Settlements are made by either negotiating with an insurance company or taking the decision to court, where the final amount will be determined.
Many deciding factors must be considered when calculating a settlement amount, including the following:
- Liability
- Types of injuries
- Extent of damages
- Insurance policy coverage
No two accidents are the same. An experienced truck accident lawyer understands how personal injury law will apply in your case and how much you can claim. It will be his or her goal to advocate for your rights and seek the maximum amount available.
Victims of truck accidents can seek compensation for both economic and non-economic damages, including:
- Medical expenses
- Lost income
- Loss of future earnings
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
- Wrongful death
Do You Have to Go to Court for a Truck Accident?
While most cases are settled out of court, some do go to trial. If you have been injured in a truck accident and you want to recover damages for your losses, there are two possible ways to do that: by settlement negotiations or by filing a lawsuit with the courts.
Settlement Negotiations
- Pre-litigation is the legal process that happens before a lawsuit is filed. Evidence is collected to establish who was at fault and to calculate the extent of the damages. This is the basis for negotiations with the insurance company. If both parties can agree on a fair settlement amount, you do not have to go to court.
File a Lawsuit with the Courts
- If a settlement cannot be agreed upon, then your lawyer can proceed with filing a lawsuit. Filing a lawsuit can be a lengthy process, but it may be the best way to recover the maximum amount of compensation available. Your lawyer will present your case to the court and a judge or jury will decide on the outcome and the amount of compensation if awarded.
How Does Driver Fatigue Cause Accidents?
- For many adults, getting enough sleep is an unattainable goal. The Centers for Disease Control and Prevention (CDC) has reported that 1 in 3 adults don’t get enough sleep. Some tired and worn-out people, though, must get behind the wheel for work or to accomplish errands.
- First, the sheer size and weight of tractor-trailers mean that many New York City/Bronx truck accidents result in serious damage. With these types of serious injuries or financial losses in the millions, working with a New York truck accident lawyer becomes even more essential than a regular motor vehicle collision.
- Truck drivers, for instance, may try to “push through” being tired for many reasons. For one, they may face unrealistic deadlines and pressure from trucking companies, encouraging them to hurry and drive while lacking sleep.
- However, driving without sufficient sleep is extremely dangerous. Research shows that a fatigued driver may drive similar to someone who is drunk in some cases.
- A drowsy truck driver can have a diminished attention span and may react slowly to changing road conditions. He or she could even fall asleep at the wheel.
- Clearly, the chance of truck accidents greatly increases when truckers continue driving despite safety risks. At the same time, though, the tired driver of an average-sized car could also inattentively pass under or collide with a truck. Either way, the consequences can be devastating.
How Negligence is Established in a Truck Accident?
- The results of a truck driver’s incorrect decision could be devastating and easy to see. However, determining whether the truck driver was negligent sometime after the accident can be much more difficult.
- Was the truck driver distracted? Or did something occur that made it impossible for him to react appropriately? Knowing where to look for the evidence is crucial to finding the answer.
- Just as with car accidents, human error is often the cause of truck accidents. It could be that a truck driver failed to take necessary, safe actions, or he could have been multitasking rather than sufficiently focusing on driving.
- Skilled lawyers ask the right questions to analyze the facts and circumstances of a truck accident carefully. In doing so, they can ascertain whether negligence was involved and who is at fault.
What Are the Different Types of Truck Accidents?
Truck drivers drive long distances at various times of the day, delivering heavy loads throughout the country. According to the American Trucking Association, trucks transported an estimated 10.23 billion tons of freight across the nation in 2020. Carrying heavy loads on rural and interstate roads comes with its fair share of risk, especially when other factors, such as fatigue or speeding, come into play.
Due to the size, weight, and power of large trucks, accidents involving these immense vehicles can cause catastrophic injuries for any motorist on the road. According to the National Highway Traffic Safety Administration (NHTSA) report for large truck crashes in 2019, of the 159,000 people injured, some 69 percent (110,000 people) were occupants of other vehicles.
There are many different types of truck accidents that can arise for a variety of reasons. Common truck accidents include the following:
- Jackknife accidents
- Rear-end collisions
- Truck rollovers
- Side-swipe accidents
- Blindspot collisions
- T-bone accidents
- Tire blowouts
- Wide turn accidents
- Head-on collisions
- Underride accidents
- Lost load accidents
What Are the Common Truck Accident Causes?
Generally, most truck accidents are caused by driver error. Either, the truck operator or another involved driver. All motorists have a responsibility to drive in a way that does not cause harm to others. While there are many reasons an accident may occur, negligence seems to be a frequent factor found among truck accident cases.
It only takes a moment of inattentiveness for a driver to lose control of his or her vehicle and cause a devastating crash. Truck drivers sometimes speed to meet unrealistic delivery expectations, but they may become distracted using a cell phone.
Or the driver may unwisely work beyond the allowed hours of service. The Federal Motor Carrier Safety Administration (FMCSA) sets the Hours-of-Service Regulations, which refers to the maximum amount of time a driver is permitted to be on duty to help the driver stay awake and alert.
Common causes of truck accidents include the following:
- Speeding
- Distracted driving
- Fatigued driving
- Improper cargo loading
- Driving under the influence
- Poor truck maintenance
- Tire blowouts
- Aggressive driving
- Dangerous road conditions
- Bad weather
What Are the Common Causes of Truck Accidents in New York?
Driver Negligence
For a truck driver, following the rules of the road is extremely important. When a truck driver fails to follow safe driving practices, the results can be catastrophic for everyone involved.
Some examples of driver negligence that can cause an accident include:
- Distracted driving: As with anyone, truck drivers can become distracted when using their phones or other electronics while driving. They may also be receiving communication from the office or other drivers while on the road. The increased risk involved when distracted by a phone has led to mobile phone use being restricted for commercial drivers in New York.
- Failure to yield: When a truck driver fails to stop at a stop sign or any other road signal, it can be difficult for another driver to react quickly enough to avoid an accident.
- Unsafe lane change: Large commercial trucks often have larger blind spots than passenger vehicles. This can make it harder for truck drivers to see smaller vehicles in the next lane, leading to unsafe lane changes that can cause an accident.
To hold a commercial driving license, training is required to ensure drivers know and understand safety regulations and safe driving practices. Despite this mandatory training, mistakes and carelessness still cause accidents. A truck accident lawyer can investigate to uncover any negligent actions that led to the crash.
Overworked Drivers
Trucking companies may put pressure on their drivers to meet tight delivery times. Unexpected delays, road work, or inclement weather can result in a driver being behind schedule. As a result, truck drivers may feel the pressure to work long hours without rest, despite the laws in place to reduce and prevent driver fatigue.
For example, New York truck drivers can only drive for 11 hours at a time and must take 10 consecutive hours off-duty between driving periods. There is also a limit of 60-70 hours worked in a 7–8-day period. Most drivers are expected to keep a detailed logbook to ensure they are following the regulations surrounding on-duty and off-duty hours.
Overworked drivers behind the wheel with little rest pose a hazard to everyone around them. As stated by the American Sleep Association, driving while sleepy leads to drivers being less alert, making poor decisions, and having slower reaction times. Coupling these risks with a large, powerful vehicle can lead to tragic consequences.
A truck accident lawyer can carefully examine logbooks and compile all necessary evidence to determine whether the truck driver was compliant with the driving regulations or not.
Poorly Maintained Vehicles
New York laws also stipulate standards for vehicle maintenance that must be followed by both drivers and trucking companies. These regulations include standards for various truck parts and protocols, including:
- Mudflaps
- Vehicle size and weight
- Brakes
- Safety devices
- Weight and axle load
- Cargo securement
- Reflective tape
With a large vehicle comes many parts to maintain and keep in working order.
Unfortunately, even a seemingly small detail that is overlooked can lead to big problems.
An experienced Michigan truck accident lawyer knows what to look for in the aftermath of an accident to prove liability. If you have suffered personal injury after an accident with a tractor-trailer or any other large commercial truck, you need a reliable truck accident attorney who can offer the help you need. A free consultation with the team at Mesadieu Law Firm can help you understand your legal options after an accident.
Potential Liable Parties After a New York Truck Accident
When investigating a truck accident, it is important to properly identify all liable parties to ensure maximum compensation. At times, there may even be more than one party that contributed to the crash who should be held responsible for the damages caused.
Your truck accident lawyer can thoroughly investigate the truck crash to understand the circumstances and details that led to the accident. He or she can then identify all liable parties and fight for you to get the compensation you deserve.
The Trucking Company
Sadly, there are trucking companies that are more concerned with profits than safety. As such, they may be tempted to skirt regulations in an effort to increase volume and company profits. This can be seen with safety violations, irregular or skipped vehicle maintenance, excessive driver working hours, or even irresponsible hiring practices.
Depending on the results of the investigation, a trucking company may be held liable for negligence by:
- Failing to keep the vehicle in safe condition
- Hiring unqualified or untrained drivers
- Failing to comply with maximum on-duty hour regulations
A trucking company that ignores the safety standards set in place puts lives at risk. When their negligence or even willful disregard for safety leads to personal injury, a truck accident lawyer can ensure that the liable party is held accountable for their actions. Your lawyer can also investigate to determine whether the trucking company has any citations or complaints regarding previous safety violations.
The Truck Driver
Unsafe driving practices by the driver are also at the root of many truck accidents. A truck driver can be found liable if he or she was engaging in a number of negligent practices.
Negligent behavior on the part of the truck driver may include the following:
- Driving while distracted
- Failing to follow company and government safety protocols
- Failing to ensure loads are properly contained
The driver, trucking company, or insurance company may try to deny any wrongdoing in the accident, even when at fault. Your New York truck accident lawyer can gather evidence to prove which negligent actions of the driver were responsible for the truck crash.
The Government Agency
At times, an accident can be caused by road conditions or other hazards out of the driver’s control. Depending on the type of road, either state or local government agencies are responsible for making sure roadways are maintained so they are reasonably safe for travel. The state or local government may be liable for damages caused by poor maintenance.
Of course, pursuing legal action against a government agency is no easy task. If you believe that your New York truck accident was caused by government negligence, contact the team at Mesadieu Law Firm right away. After a free consultation to learn more about your truck accident case, a truck accident lawyer can defend your legal rights and pursue fair compensation for your damages.
The Manufacturer
A mechanical or electrical defect with the truck or other vehicle may also lead to an accident. Some parts that may be defective include:
- Tires
- Brakes
- Headlights
- Horn
- Airbag
After a thorough investigation, your accident lawyer can determine whether a manufacturing issue played a role in the accident.
If you or a loved one has been injured in a truck accident, please don’t hesitate to contact a truck accident lawyer with Mesadieu Law Firm for a free consultation. We can give you feedback on how best to pursue your case.
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