There are many risks on the road that drivers face every day in New York state. Some of the biggest safety hazards include accidents involving large/commercial trucks. If you have any questions, fill the form below to get free quote on your issue.
According to the Institute for Traffic Safety Management and Research’s Large Truck Crash Summary, there were more than 21,000 accidents in New York in 2019. Of those,
Some of the topics we will explore in this article:
Truck drivers go through a more rigorous commercial licensing process than the average passenger car driver. They are professionals held to higher standards due to increased safety considerations and the inherent dangers that go hand in hand with their positions.
A number of factors figure in to the cause of truck accidents, but the most common ones are human related:
Laws governing large or commercial truck accidents involve many complex layers compared to more simple accidents. Local, state and federal laws come into play. And New York accident laws involve a “comparative negligence rule”. This means even if you are deemed partially at fault, you can still collect damages from another party. The amount you would be due would be based on the percentage the other party is deemed to be at fault for. This is where a truck accident law firm will be of greatest benefit to you if you are injured in a commercial truck accident. Contact one of our New York truck accident lawyers at the Law Firm of Yuriy Moshes for a free consultation.
While a handful of truck drivers are independently employed, many truck drivers work for nationwide based companies. Those companies have the monetary and legal resources to back up any driver accused in an accident. That is why you need a top New York truck accident lawyer fighting for you.
Your insurance company or the truck’s insurance company may not have your ultimate best interests at heart. They have their own bottom lines to look out for, and as a result, any settlement you are offered through either insurance company may not be nearly enough to cover costs you incur from an accident, though it may be no fault of your own.
New York is also one of a handful of states with “no fault” car insurance laws. In a nutshell, that means drivers must carry a state mandated minimum coverage for their vehicles, and if they are injured in an accident, they must first try to recover via their own insurance policies. Plus, in order to get compensation from a third party, you must prove, under New York law, the serious and debilitating nature of your injuries.
Our truck accident law firm can help your case in many different ways:
We will go over any and every legal possibility to ensure the best outcome for your truck accident personal injury case. Our attorneys are experts in local, state, and federal laws governing large or commercial truck drivers and accidents that may result from various circumstances that may involve them. Some cases may be more straightforward than others and may easily be settled out of court. But we are prepared to go to trial if needed, in order to make sure you get any compensation you are due.
From gathering documents to interviewing potential witnesses and experts in large or commercial truck personal injury accidents, we will leave no stone unturned in your case. It’s important to establish circumstances and timelines of events leading up to and after an accident. That can be crucial in determining who is at fault and how much fault should be attributed to either or both parties. One of the most important things are witness statements, either through depositions or written statements. These details are necessary to paint a picture of the event, so the case is more than just a matter of one person’s word against the other party. Police reports, insurance policies, medical bills, and medical insurance information are also critical in helping to establish damages in a case. Another crucial component: testimony from accident experts, people well versed in the average causes and outcomes of accidents that happen in same or similar circumstances.
Your commercial truck accident attorney can conduct such investigations independent of any other party including insurance companies and the opposing side.
The most important thing is concentrating on recovering from an accident. Our experienced truck wreck attorneys can manage the day to day details of a case in order to increase your peace of mind that everything is being handled the way it should be while you concentrate on getting better. Call our team at Moshes Law so we can start working together on your case.
There are several types of large or commercial trucks that can be involved in accidents, including but not limited to: 18-wheelers, mack trucks, tow and other flatbed trucks, cement mixers, garbage and recycling trucks. These trucks can be involved in different types of accidents, including but not limited to, collisions (rear end, t-bone, head-on), cars that get caught underneath trailers that ride much higher than the average vehicle, trucks or other commercial vehicles with two or more sections that jackknife, rollover accidents due to improperly loads, and detached trailers or runaway trucks.
As mentioned above, how much you may get for a commercial truck personal injury settlement may vary upon several factors, including no fault insurance and comparative negligence rules. Damages can be separated into two categories: economic and non-economic damages.
Economic damages resulting from your commercial truck personal injury case vary upon personal circumstances. These are the easiest to calculate, though, because they involve documentable expenses:
This is where information like property values, medical bills and averages on compensation for similar items and cases can help determine what you can get in the way of quantifiable compensation.
Non-economic damages like pain and suffering are harder to calculate than pure economic damages. However, New York is one of a handful of states that do not limit economic or non-economic damages. In New York, an accident must meet one of the qualifying circumstances, including but not limited to: death (either self or others), temporary loss of abilities that keep a person from performing work, or permanent injury or diminished mental capacity. Non-economic damages can be determined in settlement negotiations or taken to trial to let a jury decide. Common types of non-economic damages include pain and suffering, emotional distress, loss of companionship/family relations, mental impairment, permanent injury or disfigurement.
The overall cost of an accident varies on a case by case basis. However, you can rest assured we will not charge you if we do not win your case. And unlike other firms, the percentage we do charge if we do win your case will still ensure you have a substantial size of your settlement remaining for yourself.
What are the three main reasons to choose Moshes Law to represent you in a case involving a motorcycle accident?
The Law Offices of Yuriy Moshes are not like other “assembly line” personal injury firms. Our attorneys will give your case the individualized care it merits. We have a team experienced in many areas of personal injury law, especially large and commercial truck personal injury cases. To get started with Moshes Law firm, fill out a form for a free commercial truck accident lawyer consultation.
Whether in pre-litigation negotiations, or jury trials, we will not rest until we win the maximum amount possible for your case.
Other law firms handle their cases like fast food restaurants or factory assembly lines: push through as many cases as possible in the shortest amount of time. This can lead to you not getting the maximum settlement money you are due. We will not rush your case or give you impersonal, unfocused attention. Your commercial truck personal injury case is our number one priority.
If the accident was caused by someone other than you, the first thing you should do when you are able is to consult with an experienced New York truck accident lawyer. They can handle many of the day to day necessities of a truck accident case, especially if you are still recovering from any injuries you received in the accident.
Yes, you can sue the individual truck driver. You also may be able to sue the truck driver’s parent company as well, especially if issues of inadequate training are uncovered. Under certain circumstances, the truck’s manufacturer may also be potentially liable if defectiver parts were determined to be an accident factor.
Documentation is the most important thing. You will need a paper trail to help establish your case (police reports, accident scene photos, medical bills, witness statements, etc.). This is where consulting a commercial truck accident lawyer will be invaluable for their expertise, to make sure everything is completed properly and thoroughly.
A number of factors figure into the cause of a truck accident: fatigue, negligence, size of load, quality of training provided by a trucking company. To a lesser degree, accident causes can be attributed to outside factors like road conditions or potential manufacturer defects.
It depends. If the investigation ultimately reveals the cause of the accident was due to factors within a driver’s control (like fatigue. But the outcome can be different if investigators determine the cause was due to factors beyond a driver’s control (like weather or unforeseen road conditions).
Compensation will vary from instance to instance. But good compensation will cover current and future expenses stemming from the accident.
Many large or commercial truck accident cases are too complicated, with all their moving parts, for a single person to handle. You need an expert commercial truck accident lawyer in your corner fighting for you and the settlement you deserve. You deserve the peace of mind that comes with knowing your case is in the best hands possible.
You deserve to have someone else on your team handling legal matters related to your case while you focus on other, more important matters, like your recovery and working on returning to your job, if your accident keeps you out for a time. Get your case started by calling the Law Office of Yuriy Moshes, or filling out an online form for a free consultation.