Getting hurt in a serious truck accident can leave you with painful injuries, costly medical bills, and many other challenges. The good news is that a truck accident lawyer in New York City can help you obtain compensation to cover your accident-related losses.
When you need a tenacious, experienced personal injury lawyer in New York City who knows their way around truck crash claims, look no further than Levine And Wiss. We have over 100 years of combined experience handling trucking crash cases like yours.
Our personal injury law firm will work tirelessly to get the compensation you need to make a full financial and physical recovery from your truck collision. For more information, schedule a free truck accident case consultation.
Why Hire a New York City Truck Accident Attorney?
Hire a truck accident attorney in New York City to improve your chances of getting maximum compensation for the losses that you’ve sustained. Some of the ways that your lawyer can help you with your case include:
- Performing an investigation to determine who may be liable for your truck accident
- Gathering a truck’s black box data, medical records, witness statements, police reports, a truck driver’s log book, and other evidence
- Assessing your accident losses and estimating your case’s value
- Negotiating the terms of a settlement with a liable party or their insurance company
- Presenting your case to a judge or jury if a trial is necessary
- Remaining accessible to address your legal concerns and questions throughout your case
At Levine And Wiss, our team knows what it takes to guide you through the legal process. You can count on us to provide personalized care and attention after your truck collision. You can learn more about what a truck accident lawyer does when you contact us for a free consultation.
Compensatory Damages That You Can Recover in a Truck Accident Lawsuit in New York City
A trucking crash can result in expensive medical bills, chronic physical pain, and impairments that stop you from going to work and earning money. Fortunately, our truck accident lawyers in New York City can calculate how much your case is worth and fight for the compensation and justice you deserve. We may seek economic and non-economic damages for you, including:
- Pain and suffering: You can get compensation for your post-traumatic stress disorder (PTSD), physical discomfort, and other pain and suffering that you experience after your trucking collision.
- Medical bills: Your lawyer wants you to treat your concussion, broken bones, and other accident injuries. Meanwhile, they can pursue compensation for your medical expenses.
- Loss of income: If your accident injuries prevent you from working, your lawyer can ask for damages for your lost wages.
- Burial and funeral expenses: If you file a truck crash wrongful death claim or lawsuit on behalf of a deceased person (decedent), you could be compensated for this individual’s burial and funeral costs.
These and other damages can help you move past your accident and recover from your physical and emotional trauma. That said, getting these forms of compensation can be incredibly difficult without the help of an experienced New York City truck accident attorney.
New York City Truck Accident Lawyer Near Me
(888) 468-4878When to File a Truck Accident Claim in New York City
Your New York City truck accident lawyer may advise you to notify your auto insurer about your collision involving an 18-wheeler, a tractor-trailer, a semi-truck, a big rig, a cargo truck, a box truck, or another large vehicle. This will start the claims process, and you could recover certain no-fault benefits, such as medical expenses and partial lost wages, from your insurer.
New York is a no-fault state for car insurance. This means that if you get into an accident with a truck, your insurance company could cover various qualifying losses, even if another party may be liable for the incident.
There are times when trucking crash losses exceed an insurance policy’s coverage limits. Depending on the specifics of your situation, your lawyer can explain whether you have a case for filing a personal injury lawsuit. If so, they can help you sue any parties that may be liable for your trucking crash in alignment with New York law.
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Statute of Limitations for a New York Trucking Crash Lawsuit
Generally, in New York, there is a three-year statute of limitations for most personal injury lawsuits. Based on this, you may have up to three years from the date that you’re injured in a trucking collision to sue any responsible parties. If this window closes, you will lose your right to request compensation through a lawsuit.
Sadly, you could lose a family member in a fatal trucking crash. In New York, certain family members are eligible to file wrongful death lawsuits. Those who meet the criteria for filing this type of lawsuit typically have two years from the date of a person’s death to sue any at-fault parties for damages.
Not all injury claims go to court. Truck accident attorneys can negotiate settlements with defendants before their clients’ cases reach trial. At the same time, they will prepare these cases as if they will have to bring these cases in front of a judge or jury.
Who Is at Fault for a Trucking Collision?
In terms of liability for your trucking collision, the parties responsible for the incident will depend on the facts of your case. Truck crash attorneys in New York City can interview accident witnesses, review crash reports, and do other things to figure out who may be at fault for your collision. Following their investigation, your lawyer may find that any of these parties is liable:
- Truck driver
- Trucking company
- Cargo loader
- Vehicle manufacturer
- Truck parts manufacturer
- Vehicle maintenance company
Just because you say any of these parties or others may be to blame for your trucking collision does not guarantee that a judge or jury will give you a favorable ruling. Your lawyer will account for negligence as they prepare their argument, since doing so could boost your chances of getting financial and non-financial damages.
How to Prove Negligence in a Trucking Accident Case
Trucking accidents rarely happen by chance. Instead, they are more likely to be the result of negligence. In your case, your New York City truck accident lawyers may focus on proving that a party was negligent and should cover your damages.
They may put together an argument centered on these elements of negligence:
- The at-fault party owed you a duty of care.
- They failed to uphold the duty of care, as they committed an act of carelessness or recklessness.
- Their actions represent a violation of a duty of care and contributed to your trucking collision.
- You suffered tangible or intangible losses due to the collision.
Your case is subject to comparative negligence in New York. In New York’s pure comparative negligence system, if you are found to be partly liable for your accident with a truck, the court will reduce your damages by your degree of fault. For example, if you sue someone for a truck crash and are found to be 20% liable, you will recover 80% of the damages that you requested.
Should You Accept a Trucking Crash Insurance Settlement?
Talk with a truck crash attorney in New York City if the insurance company of a party that may be liable for your crash proposes a settlement. Otherwise, if you act quickly, you could wind up accepting a settlement proposal worth less than what you’ve incurred in losses.
Your lawyer may tell you not to give a recorded statement to an insurance adjuster. Along with this, your attorney may handle communications with insurance companies. This helps minimize the risk that you say anything that an insurer may use to contest or deny your claim.
If you don’t receive an insurance settlement offer that you feel is reasonable, you still have the option of filing a lawsuit. Your lawyer can provide you with personal injury case FAQs and other resources regarding lawsuits and what they entail. They may help you file your truck crash lawsuit and represent and advocate for you at each stage of your litigation.
Types of Trucking Accident Cases
You may have been injured in a trucking collision, but you may still be unsure about whether you have grounds for filing a claim or lawsuit against any responsible parties. Truck crash lawyers in New York City may be able to help you if you’ve suffered losses in any of these types of trucking accidents:
- Jackknife accidents
- Rollovers
- Cargo-related accidents
- Accidents involving defective parts
- Big rig accidents
- Tractor-trailer crashes
- Side impact crashes
- Head-on collisions
- Rear-end collisions
- Delivery truck crashes
If you have sustained injuries in any of these types of crashes, it may be beneficial to get legal help right away. Personal injury lawyers can provide legal advice and advocacy. They know what happens when a truck driver has an accident and are ready to help you deal with the ramifications.
Common Causes of Truck Accidents in New York City
New York City truck accident attorneys have extensive knowledge of the behaviors and traffic law violations that can lead to collisions. They can review dash cam and traffic camera footage of your accident and take other measures to analyze how the incident happened. Your lawyer may find that your accident occurred for any of these reasons:
- Distracted driving
- Speeding
- Driver fatigue
- Faulty brakes
- Overloaded trailer
- Tire blowout
- Texting while driving
- Impaired driving
- Poor vehicle maintenance
- Violations of hours of service (HOS) rules and other Federal Motor Carrier Safety Administration (FMCSA) regulations
Regardless of the cause of your collision, your attorney will prioritize your legal rights and best interests throughout your case. They will explore many legal avenues in the hopes of proving that your compensation request is warranted.
Common Injuries Reported in New York Truck Crashes
Give serious injuries from your truck collision the attention that they deserve. As you treat your injuries, your truck crash lawyer in New York City can ask for compensation for your physical therapy, surgeries, and other medical costs. On top of that, your attorney can answer questions that you have about the injuries commonly reported in New York truck crashes, which include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Broken bones
- Cuts and lacerations
- Scarring
- Paralysis
- Disfigurement
- Back injuries
- Soft tissue injuries
Personal injury attorneys want you to get medical attention immediately after your trucking collision. They will encourage you to continue to receive medical care for your injuries for the duration of your case. As you do, your lawyer can help position you to get fair compensation for your injury expenses and other accident-related losses.
Our Trucking Accident Lawyers in New York City Are Committed to Justice
Trucking accident cases can be incredibly complicated and time-consuming, especially if multiple parties are involved. With help from trucking accident attorneys in New York, you will be well-equipped to tackle any challenges that you encounter after you file your truck crash claim or lawsuit.
Levine And Wiss has served thousands of clients and recovered hundreds of millions of dollars in compensation. Our personal injury attorneys are available to assist you with your trucking collision case. We can help you make informed legal decisions as your case moves forward.
We work on a contingency-fee basis, and in your truck accident case, we will not charge you any fees unless we get compensation for you. To find out more, request a free case consultation.