Due to their larger size and weight, collisions involving trucks typically cause extensive damage and physical injuries. Data from the United States Department of Transportation (USDOT) shows that large trucks accounted for 4,861 fatalities in 2018. Lighter trucks accounted for almost four times that number, with 19,775 fatalities.
If you have suffered injuries or you have lost a loved one in a truck collision, you have the right to pursue damages from the at-fault parties. A truck accident lawyer in Islip, New York, with Rosenberg & Gluck, L.L.P., may offer the legal support you need. We can help you through the claims process, and if necessary, represent you at trial.
Our firm offers a free case evaluation and a contingency fee payment program. Call (631) 451-7900 to speak with a member of our team today.
For a free legal consultation with a truck accidents lawyer serving Islip, call 631-203-1691
How We Can Help in Your Truck Collision Case
After any car collision, you will want to recover damages for your losses. Truck collisions can cause a greater degree of injury and may have more parties involved than a typical car collision. Further, No-Fault car insurance typically pays for related medical bills, but it does not cover any pain and suffering, or losses and bills beyond the basic policy.
To pursue the compensation you deserve after a truck accident, you may want to hire a lawyer to represent you. At Rosenberg & Gluck, L.L.P. We maintain an open dialogue between you and our office. We will keep you posted on any changes involving your case, and answer any questions you have.
As part of our process to build your case, we will:
- Investigate the incident. Our investigation will look into the cause of the collision. In addition to examining the police report, we will view any video footage of the scene if it exists and research any prior complaints against the trucking company or driver. We will also talk to witnesses, consult with collision reconstruction experts, and speak with doctors and specialists about your prognosis.
- Identify the liable parties. Based on the evidence we are able to gather, we will work to assign liability in your case. This is especially important in truck collision cases, as there can be multiple parties who share responsibility for the collision.
- Calculate your losses. We will look at the damages you have sustained, including your economic losses such as lost earnings. We will also evaluate your non-economic losses to arrive at a total picture of the damages you have sustained. With an assessment of liability and the value of your damages, we will be able to pursue those losses, filing a claim with the appropriate entities and pursuing the matter in court if necessary.
- Represent you throughout the process. Our goal is your recovery—financially, physically, and emotionally. You deserve the time to heal, so we aim to handle all communications with the liable parties. We will negotiate for a fair settlement offer on your behalf, and if we cannot reach one, we can pursue compensation through a trial.
Islip Truck Accidents Lawyer Near Me 631-203-1691
Truck Collision Liability
Liability in accidents involving commercial trucks can get confusing because many players are often involved. For example, if the investigation determines that speeding was the cause of the collision, the driver may be responsible.
Yet, the trucking company may also share in some of that responsibility. They could have made an error hiring an inexperienced driver or pushed the driver to complete too many jobs before their mandatory rest period, per Federal Motor Carrier Safety Administration (FMCSA) regulations on hours of service.
Overall, the possible liable parties in a truck collision could include:
- The driver.
- The owner of the truck, through the principle of vicarious liability.
- The trucking company, if different from the truck owner.
- The truck or parts manufacturer, if a defective part caused the collision, such as tires or brakes failing.
- The mechanic who failed to properly service the truck.
- The municipality, if the road was not properly maintained, or the collision resulted from active maintenance.
Spoliation Letter to the Trucking Company
To build your claim, we must show negligence. The trucking company may possess important evidence that we can use to prove your claim. To obtain that information, we need to send a letter of spoliation before that evidence becomes lost or destroyed. Per federal regulations, trucking companies must retain the following information:
- The driver’s rest logs.
- The truck’s computer data.
- Maintenance logs.
- State inspection logs.
- Any records regarding the driver, truck, or load, such as disciplinary records, trailer damage reports, and manifest.
- Post-accident drug and alcohol testing results.
- Dashcam video.
Time is of the essence in serving a spoliation letter, and securing evidence in the case.
For a free review of your truck collision claim, call Rosenberg & Gluck, L.L.P. at (631) 451-7900 today. A truck accident lawyer in Islip at our firm may be able to secure the evidence you need to prove your claim.
Recoverable Damages in an Islip Truck Collision
To calculate your damages, we will collect all related expenses and bills you have accrued since the incident. Your award can also cover estimated future expenses, such as continuing medications, surgeries, therapy, and home modifications to accommodate your injury. We will calculate your award based on lost wages and reduced earning capacity as well.
In addition to these economic losses, our calculation of a fair settlement value will also include non-economic damages. This can include pain and suffering, diminished quality of life, or anxiety you have developed from the incident.
In the event you have lost a loved one, we can assist you with a wrongful death claim as well, offering you the ability to focus on your family during this difficult time. Damages in a wrongful death claim can include burial and funeral costs and loss of support and guidance.
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Call Rosenberg & Gluck, L.L.P. Today for a Free Evaluation
If you have suffered injuries in a truck collision, call Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a free evaluation. A truck accident lawyer in Islip from our firm may be able to assist you with your claim for damages. Time is limited, though, as you generally have three years to file a lawsuit under New York Civil Practice Law & Rules § 214. Exceptions can shorten that deadline further, such as filing a lawsuit against a municipality, or bringing a wrongful death claim. Please call today. We can also answer your questions in Spanish.