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New York Truck Accident Lawyer
Let’s face it: passing large trucks on the interstate is scary. So many of us can’t pass these big rigs without holding our breath and tightening our grip on the steering wheel. And that’s because we’ve all heard the horror stories on the news about truck accident cases causing severe injuries. Unfortunately, what comes with those severe injuries is months or years worth of medical bills, physical pain and suffering, mental distress, lost wages, and so much more. Trucking accidents are truly devastating for both the victim and the family. That’s why you need a New York truck accident lawyer at our Albany law firm to fight for you. Our legal team has more than 40 years of experience in litigating New York truck accidents. We fight for all of our clients to recover fair compensation. For a free consultation, call us today at 518-456-0082 today.
How Common Are Truck Accidents in the U.S.?
Unfortunately, serious truck accidents are incredibly common in the U.S. In fact, more than 147,000 Americans suffered catastrophic injuries and nearly 5,000 Americans died from commercial truck accidents in 2020 according to the NSC.
Types of Trucks That Can Cause Serious Accidents
There are dozens of types of large trucks on the roads that can cause serious injuries and wrongful death. Our New York truck accident attorneys are well equipped to litigate accidents involving:
- Dump trucks
- Garbage trucks
- Tractor-trailers, 18 wheelers, and semi-trucks
- Commercial trucks
- Tow trucks
- Fuel trucks
- Sweeper trucks
- And so many more
Common Truck Accident Injuries
Any type of motor vehicle accident can result in serious injuries that require both short-term and long-term medical care. However, truck accident victims often suffer the worst types of injuries due to the sheer weight of the semi-truck that hit them. Tragically, some victims never fully recover from a serious truck accident. Their serious injury may physically or mentally disable them for life. Listed below are some of the most common injuries that a New York truck accident lawyer may see in a case.
- Traumatic brain injuries (TBI)
- Neck and spinal cord injuries
- Back injuries such as disc herniations and radiculopathy
- Partial or complete paralysis
- Broken bones
- One or more limb amputations
- Emotional disorders, such as PTSD
- Major scarring and disfigurement
- Internal organ damage
- Major skin lacerations, bruises, and burns
- Damage to muscles and ligaments
Common Causes of Truck Accidents
Large truck crashes are often caused by the situations listed below.
It’s no secret that many truck drivers work incredibly long hours. Driving 12 or more hours a day, every day, is exhausting. Every truck driver is encouraged to stop and nap when they feel exhaustion creeping in on the roads, but many try to push through the exhaustion anyway. Failure to stop for necessary rest can certainly have deadly consequences.
Both truck drivers and drivers of smaller vehicles can easily cause a fatal accident due to distracted driving. Common distractions include texting, eating, jamming to music, talking on the phone, messing with the GPS, etc.
Again, both truck drivers and passenger car drivers can certainly cause a truck wreck from drunk driving.
If any component of a tractor trailer is malfunctioning while on the road, it could certainly cause a tractor trailer accident.
Regular truck maintenance is essential for taking care of defective or broken truck components, preventing tire blowouts, and more while on the roads. Basically, poor truck maintenance is a serious injury and a lawsuit waiting to happen.
As we’ve all seen while cruising down the interstate, 18-wheelers carry thousands of pounds of cargo. Some of this cargo is contained inside the truck, and some of it is merely strapped onto the truck bed. Cargo that isn’t loaded properly could fall off the truck and hit other drivers at incredibly high speeds.
Lastly, commercial vehicles like large trucks can crash due to poor weather. Icy or snowy roads can cause vehicles to slip, slide, and hit each other. Heavy rain or even fog can easily impair a driver’s vision, which can ultimately lead to a crash. All of these poor weather conditions become even more dangerous when drivers are going way too fast.
Who is Responsible for a Truck Accident?
A truck accident is generally more complicated than a regular car accident because of the number of parties at fault. In many truck accident cases, multiple parties assume liability, including the ones listed below.
- The trucking company
- The truck maintenance company
- Truck driver employers
- Truck or truck component manufacturers
- The people who loaded the truck
- Freight owners
- Truck drivers
- Other drivers
How is a Truck Accident Case More Complicated Than a Car Accident Case?
As previously stated, truck accidents are generally more complicated than regular car accidents because of the number of parties involved. Truck accidents are also more complicated than regular car accidents because of the big insurance companies involved.
According to New York’s DMV, every driver must have the following minimum insurance coverage:
- $10,000 for property damage
- $25,000 for the bodily injury of 1 person
- $50,000 for the death of 1 person
- $50,000 for the bodily injury of 2 people
- $100,000 for the death of 2 people
While those numbers seem pretty big, they’re likely nothing compared to the insurance coverage that the average trucking company has. Big trucking companies are backed by big insurance policies because they know how dangerous their vehicles can be to all drivers. So if you get into a commercial truck accident, the truck’s insurance company will likely do everything they can to protect the truck and other related parties, even if that means offering you an insultingly low settlement or dismissing your claim.
A truck accident attorney at Bailey, Johnson & Peck knows how frustrating and hopeless it can feel to argue with insurance companies. That’s why it’s best to let our team take care of the insurance company communications and settlement offers for you. We know exactly what to say in order to recover maximum compensation for truck accident victims.
Evidence Needed to Prove Negligence in a Truck Accident
In order to have the best possible chance of proving truck driver negligence, you must gather as much evidence as possible. Albany truck accident lawyers can help you gather the following evidence:
- The police report of the 18 wheeler accident
- Photographs of the accident scene and your injuries
- Medical records detailing your injuries and medical expenses related to the crash
- Truck inspection records
- Truck cargo weight tickets
- Documentation of a truck driver’s service hours
- Truck maintenance records
- Documentation of the truck driver’s training and qualifications
- Drug and alcohol screenings
Each piece of evidence can serve as one piece of the crash story. Because these big rig cases are so complex, it’s a good idea to build the strongest case possible with as much evidence as possible. An New York truck accident lawyer can certainly help you do that.
Damages You Can Receive From a Truck Accident Lawsuit
Accidents involving big rigs generally cause victims to suffer a variety of damages. An accident victim could recover compensation for the following damages:
- Past and future medical bills
- Past and future rehabilitative bills
- Physical pain and suffering
- Emotional distress
- Counseling costs for emotional distress
- Lost wages
- Loss of earning capacity
- Loss of consortium
- Permanent scarring and disfigurement
- Loss of quality of life
- Funeral and burial expenses for truck accident fatalities
New York Statute of Limitations for Truck Accident Claims
In most cases, victims of New York truck accidents have three years from the date of their crash to file a claim. However, if the crash resulted in death, this statute of limitations in New York changes. If someone you love died in a crash, you have two years from the date of their death to file a truck accident injury claim on their behalf.
Call a New York Truck Accident Lawyer at Bailey, Johnson & Peck TodayAlbany, NY truck accident attorneys at Bailey, Johnson & Peck offer top-notch legal services for those injured or killed in big rig crashes. Our law firm understands not only how devastating these cases can be, but how complicated they can be as well. Each truck accident case requires an aggressive legal team that’s not afraid to negotiate fair compensation with big insurance companies. We are the aggressive yet compassionate legal team that you need. Call us today at 518-456-0082 for a free consultation.
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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.