If you were injured in a truck accident in New York, our team wants to offer you a free consultation to discuss your case. We can investigate your situation and determine who was at fault for the wreck while helping you understand your options moving forward.
You may be able to recover compensation for your damages, such as your medical bills, lost wages, and pain and suffering. One of our New York truck accident attorneys at Morelli Law Firm can help you build your claim or lawsuit and represent you in your case.
Your New York Truck Accident Lawyer Can Help You Calculate Your Damages
Due to their size and weight, accidents that involve trucks tend to be more severe than those that only include smaller vehicles. This means that the damages you could collect are likely higher than average.
If a judge or insurance company deems the responsible party fully liable for your injuries, you may be entitled to collect damages for the various costs you incur because of the accident. For example, you may be able to pursue compensation for:
- Pending and future medical bills
- Home or vehicle modifications (e.g., lifts and wheelchair ramps)
- Loss or damage to property
- Mental anguish and emotional duress
- Loss of wages, career, or earning capacity
- Pain and suffering
If you experience any of the above conditions as a result of the accident, a New York truck accident attorney with our firm may be able to help you recover compensation. Even if the accident was partially your fault, you may still be able to collect.
Receiving Punitive Damages After a Truck Accident in New York
In addition to the damages listed above, you may also be eligible to receive punitive damages after an accident. The money you can receive for the costs above is meant as compensation for a loss suffered by the accident victim.
Things like medical bills, lost wages and property damage fall under the category of economic damages. The money received for these losses is supposed to directly repay a victim for money they have lost and will likely lose in the future as a result of their accident.
Other costs, like pain and suffering and mental anguish, are known as non-economic damages. These are the losses a person suffers which can never truly be repaid.
Unlike economic and non-economic damages, punitive damages are not meant to compensate a victim for a loss they have suffered. Instead, they are supposed to punish the at-fault party if their actions were grossly negligent.
New York Truck Accident Lawyer Near Me 877-751-9800
We Will Investigate Your Accident to Determine the Liable Party
When you get into a truck accident, you might assume that the at-fault truck driver should owe you compensation. However, even if the truck driver is at fault, that does not necessarily mean that they are liable for the damages they caused. Other parties, like the trucking company or the truck manufacturer, may be liable.
It is crucial that you identify the appropriate party against whom to take action. Our New York truck accident attorneys can investigate your accident to determine who might be held liable and whether more than one party might owe you compensation. If so, we can help you file multiple claims or lawsuits and manage your case for you.
Some commonly liable parties in truck accident lawsuits include:
- Truck drivers
- Truck companies
- Truck manufacturers
- Vehicle parts manufacturers
- Truck maintenance companies
- Municipalities
- Third-party drivers
Truck Drivers
Truck drivers who work longer hours due to the financial incentives may be prone to fatigue. Fatigue is a leading cause of truck accidents in the United States. On the other hand, the use of mind-altering substances, including methamphetamine or alcohol, has led to a rise in the number of truck-related accidents.
Other reasons truck drivers might cause accidents include:
- They were driving aggressively.
- They were attempting to make a wide-angle turn.
- They were carrying unsafe loads.
- They merged too quickly.
- They were speeding.
Also, it is crucial to note that while a truck may be traveling within the required speed limit, it may still be considered speeding excessively, depending on the current road conditions.
Trucking Companies
Sometimes the risk posed by trucks is not related to any act of error by the driver. This often happens when other individuals in the company fail to carry out their roles with due diligence. Mistakes of others in the trucking company may entail:
- Loading the truck improperly
- Not inspecting or repairing the vehicle before it leaves with the cargo
- Pressuring drivers to disregard hours of service regulations set by the Federal Motor Carrier Safety Administration (FMCSA)
- Not conducting routine drug testing on operators
- Not conducting background checks on drivers or employees before hiring
Truck Manufacturers
A manufacturer can be held liable if the accident was caused by a defect in the truck’s design or manufacturing. If they did not issue a recall and the problem is found across multiple vehicles of the same make and model, this is evidence that could point toward liability.
If they did issue a recall and the owner of the truck was notified, then the fault would fall onto the trucking companies or their mechanics for not fixing the problem. If the truck is independently owned, then it would be the fault of the driver.
Vehicle Parts Manufacturers
If the defect involved a specific part in the truck, the manufacturer of the part may be held liable for faulty production or design. They may be at fault in addition to or instead of the truck manufacturer.
Truck Maintenance Companies
If the truck driver or the trucking company sought services from a separate maintenance firm, that maintenance company may be held liable. When it is determined that a maintenance company should have repaired or noticed a defect in the truck but failed to do so, they are responsible for any resulting accident.
Municipalities
If poor road conditions led to the accident, the local district that governs that area may be held liable for neglecting to maintain proper road conditions for drivers. The same is true of missing signage.
Third-Party Drivers
In cases involving multiple vehicles, another driver may be liable if their actions caused the truck driver to get into an accident with you.
A New York truck accident attorney from our team can investigate the circumstances around the wreck to help determine if a third party can be held liable. Third-party compensation can make up the difference if a liable driver’s insurance isn’t enough to cover your needs.
Our Truck Accident Lawyers in New York Won a Contingency-Fee-Basis
At Morelli Law Firm, our personal injury lawyers work on a contingency fee basis. That means that we only get paid if our clients receive compensation. If we are able to secure you a payment, our fee will be paid directly out of the compensation package as a pre-discussed percentage.
The contingency fee payment structure works for our clients in several ways. First of all, it ensures that money will not be a barrier for accident victims in obtaining experienced legal representation. No out-of-pocket costs mean no risk.
Additionally, clients can feel assured that their attorneys will do everything possible to ensure a favorable outcome. Since the lawyer gets paid as a percentage of the final compensation, you can rest assured that your lawyer will get you every penny they can.
On average, those who hire a truck accident attorney in New York receive far more money than those who attempt to represent themselves. Even after your lawyer takes their percentage, you are likely to walk home with significantly more than you would have had you gone it on your own.
The State and Federal Laws for Truck Driver Conduct
Both state and federal laws control the trucking industry. The U.S. Department of Transportation (DOT) and the FMCSA are the two primary organizations that establish and regulate the standards for both trucking companies and their drivers.
As such, these laws determine who is responsible for any commercial truck accident. However, each state has its own department of transport, which is mandated with regulating interstate commercial trucking.
New York Laws that May Affect Your Case
If you collide with a truck, including a semi-truck, a big rig, or any commercial vehicle that’s compliant with the set regulations, the driver and the company they are working for might be responsible for the injuries you sustain.
In general, there are several regulations that a truck must adhere to in all states, such as:
- Obtaining commercial driver’s license laws
- Rest for the driver laws
- Laws on the maximum weight permitted
- Quality control of trucks laws
- Hazardous waste laws
We Can Help You File a Wrongful Death Lawsuit If You Lost a Loved One
Statistics reveal that most accidents that involve trucks cause fatalities. If you lost a loved one as a result of a truck accident, you might have the right to various damages, including:
- Funeral and burial costs
- Loss of future income
- Medical bills
- Pain and suffering experienced by both the victim and the surviving family
EPTL §5-4.1 allows the surviving family to pursue damages such as these in a wrongful death lawsuit. Our NY truck accident lawyers can help you file.
You may also be entitled to the loss of future benefits, such as medical and retirement benefits. If the loved one was a spouse, or you were living together, you could also pursue compensation for loss of love, companionship, and childcare.
Avoiding Truck Accidents
Since truck accidents cause so much more damage and injury, it’s good to know some tips to stay safe while driving around these vehicles. The most important of these rules is to give them plenty of space.
If you are following behind a truck and cannot see their mirrors, then they cannot see you. Try to get into their visible zone before passing around them. Likewise, when you merge in front of one, give more space than you think you need. Should the trucker need to brake suddenly, that extra stopping distance will keep you safe.
Also, be careful of passing a truck on the right at an intersection. Trucks may make wide turns so they don’t hit road infrastructure, but this could pin your car between the curb and the trailer. Trailer accidents are more deadly because the edge of the trailer might smash straight into your windshield. Give the driver space!.
Our Truck Accident Attorneys in New York Want to Help with Your Case
If you were involved in a truck wreck, a New York truck accident attorney from Morelli Law Firm can represent you. Contact our firm today or fill out our online form to request a free case evaluation.