Truck Accident Lawyer

Have you or a loved one been involved in a truck accident in New York City? Navigating the aftermath of such an incident can be overwhelming, but you don’t have to face it alone. At Greenberg Law, P.C., our dedicated team of truck accident lawyers is here to provide the support and legal guidance you need during this challenging time. Contact us today for a FREE consultation.

Why Are Truck Accidents So Severe?

Truck Accident Lawyer

Truck accidents are often more severe than other vehicular accidents due to several inherent factors related to trucks themselves and the dynamics of trucking accidents. Here’s why truck accidents can result in particularly devastating consequences:

Size and Weight

Trucks, especially commercial trucks like semis and 18-wheelers, are significantly larger and heavier than passenger vehicles. This size and weight disparity means that when a truck collides with a smaller vehicle, the impact can cause severe damage and injuries, simply because of the physics involved.

Stopping Distance

Due to their size and weight, trucks have longer stopping distances compared to smaller vehicles. Even when a truck driver reacts promptly to a road hazard, the truck may not be able to stop in time to avoid a collision, leading to potentially severe accidents.

Blind Spots

Trucks have larger blind spots, or “no-zones,” compared to passenger vehicles. These are areas around the truck where the truck driver has limited or no visibility. If a vehicle is in a truck’s blind spot, it increases the risk of collisions, especially during lane changes or turns.

Cargo Issues

The cargo trucks carry can also contribute to the severity of accidents. Overloaded or improperly secured cargo can shift, causing the driver to lose control. In some cases, hazardous materials are transported, which can pose additional risks in the event of a spill during an accident.

Driver Fatigue

Truck drivers often face long hours on the road to meet delivery schedules, leading to driver fatigue. Despite regulations limiting driving hours, tiredness remains a significant issue, impairing reaction time and decision-making, which can result in severe accidents.

Complexity of Multi-Vehicle Accidents

Truck accidents often involve multiple vehicles, especially on busy highways. A single collision can set off a chain reaction, leading to pile-ups that cause widespread damage and a higher likelihood of fatalities or serious injuries.

Difficulty in Maneuvering

Trucks are more challenging to maneuver, particularly in emergency situations. Their size and length make it difficult to swerve or avoid obstacles quickly, contributing to the severity of accidents when they occur.

Due to these factors, truck accidents often result in significant property damage, catastrophic injuries, and a higher incidence of fatalities compared to accidents involving only passenger vehicles. The complexity of these accidents also means that the legal and insurance claims process can be more complicated, highlighting the importance of experienced legal representation for those affected.

Why Hire a Truck Accident Lawyer

Following a truck accident, you may find yourself facing not only significant physical and emotional recovery but also a complex legal landscape. Navigating the aftermath of such an incident without experienced legal guidance can be overwhelming and may jeopardize your ability to secure fair compensation. Here’s why hiring a truck accident lawyer from Greenberg Law, P.C. is a crucial step toward protecting your rights and interests:

Experience in Trucking Laws and Regulations

Trucking industry regulations are extensive and complex. Our personal injury lawyers have a deep understanding of both federal and state laws governing the trucking industry, which is essential for identifying violations that may have contributed to your accident.

Experience with Insurance Companies

Truck accidents often involve dealing with large trucking companies and their insurers, who are adept at minimizing payouts. Our experienced personal injury attorneys know the tactics these companies use and how to negotiate effectively to ensure your settlement reflects the true extent of your damages.

Access to Resources for Investigation

Investigating a truck accident requires resources, including access to accident reconstruction experts, safety consultants, and medical professionals. We have the necessary resources and know how to leverage them to build a compelling case on your behalf.

Understanding of Complex Liability Issues

Liability in truck accidents can be complicated, often involving multiple parties, such as the truck driver, trucking company, cargo loaders, and vehicle manufacturers. Our truck accident lawyers are skilled in identifying all potential sources of liability to maximize your compensation.

Ability to Maximize Your Compensation

Our legal team is adept at accurately assessing the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and more. We’re committed to securing comprehensive compensation that covers both your immediate needs and long-term recovery.

Advocacy in Settlement Negotiations and Trials

Whether negotiating a fair settlement or advocating for your rights in court, our truck accident lawyers are prepared to fight tirelessly. We’re not afraid to take your case to trial if that’s necessary to achieve the best outcome.

Personalized Legal Support

At Greenberg Law, P.C., we understand that each client’s situation is unique. We provide personalized legal support tailored to your specific circumstances, ensuring that you feel heard, respected, and valued throughout the legal process.

Contingency Fee Basis

We offer our services on a contingency fee basis, meaning you pay no upfront costs. Our fees are a percentage of the settlement or verdict we obtain for you, ensuring our interests are aligned with yours.

Common Injuries from a Truck Accident

Truck accidents can lead to a wide range of injuries, varying in severity from minor to catastrophic. The massive size and weight of trucks often mean that the consequences can be severe when they collide with smaller vehicles. Common injuries from truck accidents include:

  • Traumatic Brain Injuries (TBI): These can range from concussions to more severe brain damage, affecting cognitive function, memory, and emotional regulation.
  • Spinal Cord Injuries and Paralysis: Damage to the spinal cord can result in partial or complete paralysis, significantly impacting a victim’s quality of life.
  • Broken Bones: The force of a truck accident can easily break bones, sometimes requiring surgery and lengthy recovery periods.
  • Lacerations and Abrasions: Broken glass and metal can cause serious cuts and scrapes, which may lead to significant scarring or infections.
  • Internal Injuries: The impact can cause internal bleeding and damage to organs, which might not be immediately apparent but are life-threatening.
  • Burn Injuries: Fires can occur, especially if a truck is carrying flammable materials, leading to burns that may require extensive treatment.
  • Whiplash and Soft Tissue Injuries: These injuries are common in many vehicle accidents, including truck accidents, affecting muscles, ligaments, and tendons.

Compensation You Can Pursue After a Truck Accident Injury

After a truck accident injury, understanding the types of compensation you can pursue is crucial for your physical, emotional, and financial recovery. Compensation in truck accident cases can generally be categorized into economic damages, non-economic damages, and in some instances, punitive damages. Here’s a breakdown:

Economic Damages

These are tangible losses that have a specific monetary value associated with them.

  • Medical Bills: Includes past, current, and future medical costs related to your injuries, such as emergency room visits, hospitalization, surgeries, medication, rehabilitation, and ongoing care.
  • Lost Wages: Compensation for the income you’ve lost due to your inability to work while recovering from your injuries.
  • Loss of Earning Capacity: If your injuries impact your ability to earn money in the future, you may be entitled to compensation for your diminished earning potential.
  • Property Damage: This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.

Non-Economic Damages

These compensate for losses that aren’t as easily quantified in dollar amounts but significantly impact your life.

  • Pain and Suffering: The physical pain and discomfort experienced immediately after the accident and in the long term.
  • Emotional Distress: Compensation for psychological impacts, such as anxiety, depression, PTSD, and loss of enjoyment of life.
  • Loss of Consortium: If the accident impacts your relationship with your spouse, you may be compensated for the loss of companionship and support.

Punitive Damages

In cases where the defendant’s conduct is found to be especially harmful or egregious, punitive damages may be awarded. These are not tied to the direct losses suffered by the victim but are intended to punish the wrongdoer and deter similar conduct in the future.

Determining the Value of Your Claim

The specific compensation you can pursue will depend on the details of your case, including the severity of your injuries, the impact on your life, and the circumstances of the truck accident. An experienced truck accident lawyer can help you accurately assess the full extent of your damages and fight for the maximum compensation you deserve.

Legal Support Is Crucial

Navigating the aftermath of a truck accident can be complex. Securing experienced legal representation protects your rights and enhances your ability to achieve a fair settlement or verdict. If you’ve been injured in a truck accident, reaching out to a knowledgeable truck accident attorney can be a critical step toward securing the compensation you need to move forward with your life.

Federal Regulations for Large Trucks

Federal regulations for large trucks are designed to enhance road safety, protect the environment, and ensure fair competition within the trucking industry. These regulations are primarily enforced by the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT). Here’s an overview of some key federal regulations for large trucks:

Hours of Service (HOS) Regulations

These rules limit the number of hours a truck driver can operate to prevent fatigue-related accidents. Key provisions include:

  • A maximum of 11 hours of driving within a 14-hour workday, followed by 10 consecutive hours off duty.
  • A 30-minute break requirement after 8 hours of driving.
  • The 60/70-hour limit restricts drivers to 60 hours on duty over 7 consecutive days or 70 hours over 8 days.

Commercial Driver’s License (CDL) Requirements

Drivers must obtain a CDL to operate a large truck. The process involves passing written knowledge tests and a skills test, which includes a pre-trip vehicle inspection, a basic control skills test, and a road test. There are also specific endorsements for driving vehicles like tankers or carrying hazardous materials.

Drug and Alcohol Testing

Truck drivers are subject to drug and alcohol testing under certain circumstances, including pre-employment, randomly while employed, after accidents, and when there’s reasonable suspicion of use.

Vehicle Maintenance Standards

Trucking companies and drivers must regularly inspect, repair, and maintain all parts and accessories to ensure they are in safe and proper working condition. Records of these inspections and maintenance activities must be kept.

Load Securement

The FMCSA has specific requirements for securing cargo to prevent shifting during transport, which could affect the vehicle’s stability and maneuverability. These rules vary depending on the type of cargo.

Electronic Logging Devices (ELD) Mandate

The ELD mandate requires that drivers use electronic logging devices to record their driving hours and duty status, ensuring greater compliance with HOS regulations.

Medical Certification

Drivers must pass a physical examination every two years to maintain their CDL, proving they are medically qualified to operate a commercial motor vehicle safely.

Size and Weight Limits

Federal regulations set maximum limits on the width, length, and weight of commercial vehicles traveling on the National Highway System, including specific limits for single axles, tandem axles, and gross vehicle weight. Individual states manage exceptions or permits for oversized/overweight vehicles.

These regulations are crucial for truck drivers and public safety. Compliance with these rules is monitored through audits, inspections, and reviews. Violations can result in penalties for drivers and carriers, including fines, suspension of operating rights, and criminal charges in severe cases.

What To Do After Being Injured In a Truck Accident

Being involved in a semi-truck accident can be overwhelming, but taking the right steps immediately afterward can significantly impact your health outcomes and legal rights. Here’s a concise guide on what to do:

1. Ensure Safety

  • Move to a Safe Location: If possible, move to a safe area away from traffic to prevent further accidents.
  • Check for Injuries: Assess yourself and others for injuries. Don’t move anyone severely injured unless absolutely necessary.

2. Call for Help

  • Contact Emergency Services: Dial 911 to report the accident and request medical assistance if there are any injuries.

3. Document the Scene

  • Take Photos: Capture pictures of the accident scene, vehicle damages, road conditions, and any visible injuries.
  • Gather Information: Exchange contact and insurance information with the truck driver. Note the truck’s license plate, the company name, and any identifying details.

4. Look for Witnesses

  • Collect Witness Information: If there are witnesses, get their contact information. Witness statements can be invaluable later on.

5. Seek Medical Attention

Get a Medical Evaluation: Even if you don’t feel injured, see a doctor immediately. Some injuries may not be immediately apparent.

6. Report the Accident

  • Notify Your Insurance: Inform your insurance company about the accident, but be cautious about providing details or admitting fault.

7. Keep Records

  • Document Everything: Keep a file of all accident-related documents, including medical records, receipts, and correspondence with insurance companies.

8. Avoid Discussing the Accident

  • Be Cautious with Communication: Don’t discuss the accident details on social media or with insurance adjusters without consulting a motor vehicle accident lawyer.

9. Consult a Semi-Truck Accident Lawyer

  • Seek Legal Advice: Before accepting any settlement offers, consult with a semi-truck accident lawyer. They can advise you on your rights and the best course of action.

10. Follow Up on Medical Care

  • Continue Medical Treatment: Follow your doctor’s advice and attend all follow-up appointments. Ongoing medical records will document the extent of your injuries.

Following these steps after a semi-truck accident can help protect your health and legal rights. Remember, the complexities of truck accident claims often require professional legal experience to navigate successfully. Consulting with a qualified semi-truck accident lawyer can provide you with the guidance and representation needed to pursue fair compensation.

Injured in a Truck Accident? Let Us Help.

Don’t navigate the aftermath alone if you or a loved one has been involved in a truck accident. At Greenberg Law, P.C., our experienced truck accident lawyers are ready to fight for the justice and compensation you deserve.

Contact us today for a free consultation and take the first step toward recovery. With our knowledge of federal regulations and commitment to your case, we’re here to provide the support you need.

NYC Truck Accident Lawyer FAQs

What makes truck accidents different from car accidents?

Due to the size and weight of commercial trucks, truck accidents often involve more severe injuries and damages. Legally, they’re more complex because of federal regulations governing the trucking industry and the possibility of multiple liable parties, including the driver, trucking company, and others.

How long do I have to file a truck accident claim in New York?

In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, certain factors can affect this deadline, so it’s crucial to consult a truck accident lawyer promptly to ensure your claim is filed on time.

Can I still receive compensation if I was partly at fault for the accident?

Yes, New York follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, a truck accident victims compensation will be reduced by your percentage of fault.

What types of compensation can I pursue in a truck accident case?

Victims can seek compensation for medical expenses, lost wages, pain and suffering, and more. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless or negligent.

How do I prove the truck driver or trucking company was at fault?

Proving fault in a truck accident case involves demonstrating negligence on the part of the driver or company. This can include violations of federal trucking regulations, driver fatigue, improper truck maintenance, or other forms of negligence. An experienced truck accident lawyer will investigate the accident, gather evidence, and build a strong case on your behalf.

Should I accept the insurance company’s settlement offer?

It’s advisable to consult with a truck accident lawyer before accepting any settlement offers. Insurance companies often aim to minimize payouts, and an initial offer may not fully cover the extent of your damages and future needs.

How much does it cost to hire a truck accident lawyer in NYC?

Most NYC truck accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is typically a percentage of the settlement or award you receive.

How can a truck accident lawyer help me?

A truck accident lawyer can navigate the complexities of your case, including investigating the accident, handling communications with insurance companies, negotiating settlements, and representing you in court if necessary. Our experience increases your chances of receiving a fair and adequate compensation.

Need Help with Your Truck Accident Claim?

If you’ve been involved in a commercial truck accident in New York City, don’t hesitate to reach out to the skilled team at Greenberg Law, P.C. Our experienced truck accident lawyers are ready to answer your questions, guide you through the legal process, and fight for the compensation you deserve. Contact us today for a free consultation.

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