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 lawyers can help you build your claim or lawsuit and represent you in your case.
Your NY Truck Accident Lawyer Can Help You Calculate Your Damages
Accidents that involve trucks tend to be more severe than those that only include smaller vehicles due to their size and weight.
If a judge or insurance company deems the responsible party fully liable for your injuries, you may be entitled to payment 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 lawyer with our firm may be able to help you recover compensation.
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. While the truck driver might be at fault, they might not be liable for damages caused in accidents, so it is crucial that you identify the appropriate party to take action against.
Our NY 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.
Below are common parties responsible for truck accident damages:
Truck Drivers
Truck drivers who work longer hours due to the financial incentives may be prone to fatigue, which is a leading cause of truck accidents in the United States. On the other hand, the use of mind-altering substances, like 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 a truck may be traveling within the required speed limit, but it may still be considered excessive speeding, 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 do their part diligently. Mistakes of others in the trucking company may entail:
- Loading the truck improperly
- Not inspecting and/or repairing the vehicle before it leaves with the cargo
- Pressuring drivers to disregard hours of service guidelines set by the Federal Motor Carrier Safety Administration (FMCSA)
- Not conducting routine drug testing on drivers
- Not conducting background checks on drivers or employees before hiring
New York Truck Accident Lawyer Near Me 877-751-9800
Other Potentially Liable Parties
In some cases, a third party’s negligence may have contributed to the cause of the accident even if they were not present at the scene. These parties include:
- The truck’s manufacturer: A manufacturer can be held liable if the accident was caused by a defect in the truck’s design or manufacturing.
- A vehicle part manufacturer: However, if the defect involved a specific part in the truck, the parts manufacturer may be held liable for faulty production or design.
- The truck’s maintenance company: If the truck driver or the trucking company sought services from a separate maintenance company, they may be held liable if they should have repaired or noticed the defect in the truck.
- A municipality: If poor road conditions led to the accident, the local district that governs over that area may be held liable for neglecting to keep proper road conditions for drivers.
- Another vehicle driver: In cases involving multiple vehicles, another driver may be held 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.
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 department of transport, which is mandated with regulating interstate commercial trucking.
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, then the driver and the company they are working for might be responsible for the injuries you sustain.
In general, there are several laws that a truck must adhere to in all states, such as:
- Commercial driver licenses
- 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 of the 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.
Our NY Truck Accident Lawyers Want to Help With Your Case
If you were involved in a truck wreck, a New York truck accident attorney from Morelli Law Firm may be able to represent you. Contact our firm today or fill out our online form to receive a free case evaluation.