Truck accidents are among the most devastating and complex types of accidents on the roads of New York. The sheer size and weight of commercial trucks can lead to severe injuries, substantial property damage, and fatalities. Navigating the aftermath of a truck accident requires specialized legal knowledge and experience.
We are dedicated to advocating for victims’ rights, ensuring they receive fair compensation for their injuries and other damages. If you need help with a truck accident in New York, reach out to Levine & Slavit, PLLC at (212) 687 2777 to schedule a free consultation with a New York truck accident lawyer.
How Levine & Slavit PLLC Can Help If You’re in a Truck Accident
If you’ve been in a truck accident in New York because of someone else’s negligence, working with a lawyer is essential to make sure you get justice and compensation. Here’s how we can help:
- Our attorneys specialize in big-rig truck accident cases and have a deep understanding of the complex laws and regulations governing commercial vehicles.
- We conduct a thorough investigation of the accident scene, gather all relevant evidence, and consult with industry experts.
- We have extensive experience negotiating with insurance companies to ensure you receive the maximum compensation possible. Our familiarity with insurance tactics means we can effectively advocate for you.
If you’ve been injured in a truck accident in New York, let us help you. Contact Levine & Slavit PLLC to schedule a free consultation with a New York personal injury attorney.
How Common Are Truck Accidents in New York?
Understanding the frequency and impact of truck accidents in New York can help emphasize the importance of seeking legal assistance if you become a victim. Consider the following statistics:
- In 2022, 5,837 large trucks were involved in a fatal crash, a 1.8% increase from 2021 and a 49% increase in the last ten years.
- In large-truck crashes, most of the injuries occurred to occupants of other vehicles (73%), followed by truck occupants (26%) and non-occupants (1%).
- Of all New York vehicles involved in fatal crashes in 2022, large trucks or buses accounted for 10%.
For truck accident injury victims seeking justice and compensation, obtaining professional legal help is crucial.
What is My Truck Accident Case Worth?
Determining the value of your commercial truck accident cases involves looking at several factors and can vary significantly based on the specifics of your situation. Here’s what you’ll need to consider:
Injuries and Medical Expenses
The severity and extent of your injuries play a significant role in the value of your truck accident case. Medical expenses, including emergency care, surgeries, ongoing treatment, and physical therapy, are calculated. Additionally, future medical costs and the impact on your quality of life are considered.
Insurance Coverage
Your case’s value also depends on the insurance coverage available. This includes the insurance policy limits of the truck driver and trucking company, as well as your own insurance coverage. Understanding the layers of available insurance policies is essential for maximizing your compensation in a truck accident lawsuit.
Shared Liability: Pure Comparative Negligence in New York
New York follows pure comparative negligence, which means you can still recover compensation if you’re partially at fault, but it will be reduced by your percentage of fault in the accident.
The best way to determine what you are entitled to after being injured in a truck accident in New York City is to reach out to a truck and car accident lawyer as soon as possible.
What Kind of Damages Are Available to Truck Accident Victims?
Truck accident victims may be entitled to various types of damages, depending on the specifics of their case. These damages can be classified into the following categories:
Economic Damages
Economic damages cover the quantifiable monetary losses that victims incur as a result of the accident. This includes medical bills, rehabilitation costs, lost wages, and loss of earning capacity. Documenting these expenses is critical for ensuring that victims receive the compensation they need to cover these out-of-pocket costs.
Non-Economic Damages
Non-economic damages address the more subjective, intangible impacts of the accident. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Due to their subjective nature, non-economic damages often require expert testimony to establish their worth.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was especially egregious. Malice, wanton disregard for the safety of others, or recklessness that borders on criminal behavior can justify punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.
If you want to know what types of damages you’re entitled to, reach out to a personal injury lawyer.
Can I Recover Compensation If I’m Being Blamed For a Truck Accident in New York?
You can recover compensation even if you are being blamed for a truck accident in New York due to the state’s pure comparative negligence rule. Under this legal doctrine, an individual can recover damages proportional to their degree of fault.
For instance, if you are found to be 30% at fault for the accident, you can still recover 70% of the total damages awarded. This approach ensures that victims are not entirely barred from receiving compensation due to partial responsibility, allowing for a more equitable resolution.
We’ll Fight to Recover Compensation For All Of Your Truck Injuries
Truck accidents often result in severe injuries due to the sheer size and weight of a commercial tractor-trailer. Victims may suffer from:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal bleeding
- Lacerations and bruises
- Burns
- Whiplash
- Amputations
- Nerve damage
If you’ve been involved in a truck accident, it is crucial to contact a personal injury lawyer and seek immediate medical attention to address any injuries.
What Causes Most Truck Accidents in New York?
Truck accidents in New York can be attributed to various factors, often involving a combination of driver behavior, environmental conditions, and mechanical issues. Some of the most common causes of truck accidents include:
Driver Fatigue
Long hours on the road can lead to significant fatigue among truck drivers, impairing their reaction times and decision-making abilities. The Federal Motor Carrier Safety Administration (FMCSA) mandates rest periods, but violations or insufficient rest can still occur.
Distracted Driving
Distractions such as cell phone usage, eating, or adjusting in-cab controls can divert a driver’s attention from the road, increasing the likelihood of an accident.
Speeding
Exceeding speed limits or driving too fast for road conditions can cause drivers to lose control of their vehicles, especially given the longer stopping distances required for trucks.
Impaired Driving
Operating a truck under the influence of alcohol or drugs–even prescription or over-the-counter medications–can severely impair a driver’s judgment and coordination.
Mechanical Failures
Poor maintenance or mechanical defects, such as brake failures or tire blowouts, can lead to catastrophic accidents. Regular inspections and proper maintenance are essential to prevent these issues.
Inadequate Training
Drivers who lack proper training or experience in handling large commercial vehicles are more likely to make errors that can result in accidents.
Understanding these common causes can help prevent future incidents and determine liability if an accident occurs.
How Do I Prove Negligence After a Truck Accident in New York?
To successfully prove negligence after a truck accident in New York, there are four essential elements that must be established:
- Duty of care: You must demonstrate that the truck driver or trucking company owed you a duty of care. This means they were obligated to operate their vehicle safely and adhere to traffic laws.
- Breach of duty: It must be shown that the driver or company breached this duty of care through actions such as speeding, distracted driving, or failing to maintain the vehicle properly.
- Causation: You need to prove that the breach of duty directly caused the accident.
- Damages: Finally, you must provide evidence of actual damages resulting from the accident, which can include medical expenses, lost wages, and emotional distress.
Establishing these elements can be complex, and it is advisable to consult with a knowledgeable lawyer to help navigate the legal process and ensure that your rights are protected.
How Long Do I Have to File a Lawsuit After a Truck Accident in New York?
In New York, the statute of limitations for filing a lawsuit after a truck accident is generally three years from the date of the incident. However, there are exceptions to this rule that can either shorten or extend this timeframe. Given these complexities, it is crucial to consult with a lawyer to ensure you meet all deadlines and fully understand your rights and obligations.
Contact Our New York Truck Accident Lawyer For a Free Consultation
If you’ve been injured in a truck accident, securing the services of an experienced truck accident lawyer is essential for insurance claims and personal injury lawsuits. These types of accidents involve large commercial vehicles, which are subject to different laws and regulations compared to regular passenger cars, making legal knowledge absolutely essential. If you’ve been injured because of someone else’s negligence, let us help. Contact Levine & Slavit PLLC to schedule a free consultation with a New York truck accident lawyer.