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What is a Truck Accident?
A truck accident occurs when any kind of truck collides with another vehicle or object. These accidents can be caused by various factors, including driver error, aggressive driving, the influence of drugs or alcohol, or even the negligence of the trucking company.
According to recent accident reports by the Federal Motor Carrier Safety Administration (FMCSA) drawn from the trucking industry, in 2020, there were approximately 415,000 police-reported crashes involving semi-trucks. Of these, 4,444 (1%) were fatal crashes, and 101,000 (24%) were injury crashes. [1]
Truck accidents often lead to catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and even loss of life.
Underlying Reasons New York City Truck Accidents Occur
Here are common causes of truck accidents in New York City:
- Driver Error: Truck accidents often occur due to driver errors such as speeding, reckless driving, and failure to yield. Inadequate training or experience can contribute to these errors.
- Inexperience: Inexperienced truck drivers, particularly those who are new to urban driving conditions, may struggle to navigate the congested streets of New York City, leading to accidents.
- Distracted Driving: Distractions like using cell phones, talking to passengers, or eating while driving can divert a commercial truck driver's attention, causing accidents.
- Impaired Driving: Operating heavy vehicles under the influence of alcohol, or prescription medication can impair a driver's judgment and reaction time which increases the risk of loss of control and accidents.
- Improper Loading: When cargo is improperly secured, loaded unevenly, or exceeds weight limits of trucking regulations, it can cause a truck to become unstable or unbalanced, leading to dangerous accidents. The truck company can be held responsible in such a case involving an overloaded truck.
The Legal Information for Victims of Truck Accidents in New York City
Being involved in a truck accident can be a traumatic experience, and victims need to have access to the necessary legal support. Truck accident victims have an opportunity to seek fair compensation for their injuries, property damage, and other losses.
Compensation for Injuries and Losses After a Truck Accident in New York City
Compensation for truck accident victims typically falls into the category of compensatory damages. These damages are designed to help victims recover financially from the accident. They can include a variety of expenses, such as medical bills, lost income, property damage, physical therapy, and future medical costs.
Property damage resulting from a truck accident, such as damage to the victim’s vehicle or personal belongings, can also be included in the compensation sought. Physical therapy expenses can be covered, as many truck accident injuries often require ongoing rehabilitative care.
Negligence and Liability for Truck Accidents
Negligence refers to the failure to exercise reasonable care, resulting in harm to others. When it comes to truck accidents, multiple parties can be held liable based on the evidence analyzed by the legal team.
Trucking companies may bear liability if they fail to properly train their drivers, violate safety regulations, or do not adequately maintain their vehicles. Truck drivers themselves can be held responsible if their actions, such as aggressive driving or driving under the influence of drugs, contributed to the accident.
Other parties that may be implicated in a truck accident include truck manufacturers, maintenance companies, and even third parties responsible for loading or securing cargo. If improper maintenance or repairs by a maintenance company led to the accident, they may also share liability.
Our experienced truck accident lawyers will scrutinize police reports, eyewitness testimonies, and other evidence, so they can identify the responsible parties and build a strong case to pursue fair compensation for you.
Statute of Limitations for Filing a Lawsuit Following a Truck Accident in New York
In New York City, the statute of limitations for victims of truck accidents is three years from the date of a commercial truck accident. This is known as the statute of limitations for commercial truck accidents.
If a lawsuit is not filed within three years, the victim will be barred from recovering compensation for their injuries. If a loved one passes away as a result of the truck accident, there is a two-year time limit from the date of their passing to file a lawsuit.
Gathering After a Truck Accident in New York City
After a truck accident in New York City, our lawyers will gather evidence as it is essential to build a strong case. This evidence can help establish liability, determine the extent of injuries, and seek fair compensation.
- Employment Records: We will obtain the truck driver's employment records, including their qualifications, training, and work history. This can help determine if negligence or inadequate training contributed to the accident.
- Lease Agreements: If the truck was leased, we will acquire the lease agreement to identify all parties involved in the operation and maintenance of the vehicle. This can help determine liability and responsibility.
- Maintenance and Repair Records: Our legal team will request maintenance and repair records for the truck involved. These records can reveal if any mechanical issues or lack of proper maintenance played a role in the accident.
- Electronic Data Recorder (EDR) Data: EDRs capture important data like speed, braking, and acceleration. Your lawyer will retrieve this data to reconstruct the accident and establish fault.
- Driver Logs: We will obtain the driver logs to check for compliance with federal regulations, hours of service, and potential driving fatigue issues.
- Expert Analysis: We may work with an accident reconstruction expert who can analyze the accident scene, vehicle damage, and other factors to determine the cause of the accident.
- Cargo Reports: If the truck was carrying cargo, we will obtain cargo records to determine if improper loading or hazardous materials contributed to the accident.
- Police Reports: Your attorney will obtain copies of the police reports, which often contain valuable information about the accident, witnesses, and any citations issued.
- Eyewitness Testimony: Collect statements from eyewitnesses who may have observed the accident and can provide additional information.
Table of Contents
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What is a Truck Accident?
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Underlying Reasons New York City Truck Accidents Occur
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The Legal Information for Victims of Truck Accidents in New York City
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Types of Damages Awarded After A New York City Truck Crash
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How an Experienced New York City Lawyer Can Help You Recover Compensation After a Truck Crash
Related Information
Types of Damages Awarded After A New York City Truck Crash
After a truck accident in New York City, victims may be entitled to various types of damages as compensation for their injuries and losses. These damages can aid financial recovery for the victim to move forward after a devastating crash. Here are common types of damages that are associated with truck crashes in New York City:
Economic Damages Associated with New York City Truck Accident
- Medical Bills: Truck accident victims may incur significant medical expenses due to the injuries sustained in the collision. These expenses can include emergency room visits, surgeries, hospital stays, doctor's appointments, prescription medications, and rehabilitation.
- Lost Income: If the victim is unable to work due to their injuries, they may be entitled to compensation for the wages they have lost. This includes both past and future income, and can also cover the loss of earning capacity if the injuries have resulted in a permanent disability.
- Property Damage: In a truck collision, there is often extensive damage to personal vehicles or property. The victim may be able to recover the cost of repairing or replacing their vehicle, as well as any other damaged possessions.
- Estimated Cost of Future Care: Serious truck accident injuries may require ongoing medical treatment or long-term care. Victims can seek compensation for the estimated cost of future medical care, including physical therapy, home modifications, and assistive devices.
- Loss of Future Earnings and Career/Earning Capacity: In some cases, the injuries sustained in a truck accident may permanently limit the victim's ability to work or pursue their chosen career. They may be entitled to compensation for the loss of future earnings and potential career or earning capacity.
Victims of New York City truck accidents may suffer various economic damages that can significantly impact their financial stability. Medical bills, lost income, property damage, and estimated future care costs are all areas where victims may pursue compensation.
Non-economic Damages Associated with New York City Truck Accident
In a truck accident in New York City, victims may suffer not only physical injuries but also non-economic damages. These damages are intangible losses that cannot be easily quantified, yet still have a significant impact on the victim’s quality of life. Here are some non-economic damages that can be pursued by victims of such accidents:
- Pain and suffering: This includes the physical and emotional distress experienced as a result of the accident, such as chronic pain, mental anguish, and loss of consortium.
- Emotional distress: Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD) due to the traumatic nature of the collision.
- Disfigurement: If the accident results in visible scars, amputations, or significant changes in appearance, victims may be entitled to compensation for the emotional toll this takes.
- Loss of enjoyment of life: The accident may impact a victim's ability to participate in activities they once enjoyed, resulting in a diminished quality of life.
How an Experienced New York City Lawyer Can Help You Recover Compensation After a Truck Crash
Our lawyers specialize in handling truck accident cases and can provide valuable support throughout the legal process.
One of the key ways in which our experienced personal injury attorneys can help is by conducting an independent investigation into the accident. This investigation ensures that all possible contributing factors are considered and strengthens your case for financial compensation and insurance coverage.
Are you in need of an experienced truck accident attorney?
If you’re a victim of a truck accident, you need a skilled and experienced lawyer on your side. Our New York City truck accident lawyers have years of experience and a proven track record of success in handling truck accident cases.
When it comes to securing the compensation you deserve for your injuries and damages, our dedicated team of lawyers will fight tirelessly on your behalf. Our hard-hitting lawyers understand the complex nature of truck accident cases and will work diligently to build a strong case to maximize your compensation.
Don’t wait another moment. Get in touch with our New York City truck accident attorneys by calling (646) 719-0444 for a free consultation today. Let us help you get the justice and compensation you deserve.
Source:
[1] Large Truck and Bus Crash Facts 2020 | FMCSA. (n.d.). Large Truck and Bus Crash Facts 2020 | FMCSA. https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2020
If you or a loved one have been injured in a truck accident you may be entitled to compensation for your injuries. Contact our law firm to find out how much your case is worth.
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