Truck drivers have a duty to keep other drivers safe by following the rules of the road and proper protocol. When an accident occurs, the results can be devastating. Truck accident victims suffer significant injuries that can bring big medical bills and require a lot of time to recover from. Some, unfortunately, will succumb to their injuries.
If you or a loved one has been in an accident with a truck on Long Island, New York, a lawyer with Rosenberg & Gluck, L.L.P., can help you file a claim or lawsuit against the liable party or parties involved. We can help you seek damages to pay your medical bills and compensate you for pain and suffering. We can review options during a free, no-obligation consultation with you.
For a free legal consultation with a truck accidents lawyer serving Long Island, call 516-451-7900
Recovering Damages in Your Long Island Truck Accident
Our attorneys will have to look at several areas before determining what compensation you should seek. Various factors can affect your financial recovery, including:
- The kinds of injuries you suffered
- The severity of your injuries
- Who is liable for your accident
We can also help you seek recovery for monetary and non-monetary damages.
Monetary damages can be documented with records, receipts, invoices, and other similar documents. These include your:
- Medical expenses
- Wages, benefits loss
- Other accident-related expenses
We can also help you determine the non-monetary damages you or a loved one suffered, such as:
- Pain and suffering
- Mental anguish
- Loss of life enjoyment
- Disfigurement and scarring
- Loss of quality of life
- Loss of companionship
We can look at all of your damages and determine which damages you can pursue. We also will come up with the value of your case. We will evaluate your evidence to build the strongest case possible for you.
Forms of evidence we could review include:
- Official police report
- Your medical records
- Photographs and/or videos of the accident scene
- Photographs or videos of your injuries
- Eyewitness testimony
- Video surveillance
- Cell phone records if the driver was using the phone at the time of the accident
- Expert witness evaluations
Wrongful Death Damages
If you lost a loved one to a truck accident on Long Island, please accept our condolences. We may be able to help you seek damages that could help you cover your loved one’s final medical bills and funeral expenses. We can also seek damages for wrongful death which encompass pecuniary loss. We can discuss specifics and answer your questions during a confidential meeting.
The sooner you reach out to us, the sooner we can start working on your behalf. You can tell us more about your accident during a free case review.
Long Island Truck Accidents Lawyer Near Me 516-451-7900
Facing the Costs of a Serious Injury Sustained in a Truck Accident
Truck accidents on Long Island roads often cause serious head, back, and neck injuries, not to mention amputations, burns, and fatalities. Many injuries take time to heal and require extensive treatment.
We Consult with Expert Witnesses Who can Weigh in on Your Case
Providing detailed, accurate projections of your health care costs may be necessary to receive the compensation you deserve. Because determining an accurate value for your claim is crucial, we may consult medical experts, economists, and life care planners to determine recovery amounts for medical costs, lost earnings, and pain and suffering.
Working from established medical records, our experts can provide estimates supported by medical data analysis and recognized by medical professionals, including HMOs and even insurers.
How We Investigate a Truck Accident
It is common for truck accident victims to ask who is at fault in their accident. Liability is critical because it determines who is responsible for paying for the damages the accident caused. Establishing liability in trucking accidents can get complicated quickly for various reasons. State and federal regulations often apply in these kinds of accidents, and multiple parties can be at fault in one accident.
The truck accident lawyers at Rosenberg & Gluck, L.L.P., serving Long Island, look at both the actions of the truck driver as well as those of the parent company when investigating trucking accidents. State and federal laws govern the trucking industry and require both a driver and a truck company to keep and maintain certain kinds of records.
We Can Seek Evidence From the Trucking Company
Truck companies train drivers in methods that deflect blame and deny responsibility for accidents. However, certain physical facts and documents make it difficult for drivers to cover up negligence and safety violations.
As attorneys, we have legal access and can fight to obtain copies of a truck driver’s:
- Results from the highway patrol, alcohol, and drug tests
- Driving record; and
- Training history
We may be able to uncover violations and hold drivers and truck companies liable for injuries and fatalities they cause through negligence. We can send the trucking company a spoliation letter, which demands the trucking company preserve any evidence it has that could give more insight into who is responsible for the accident. This evidence can include the items mentioned above as well as:
- Truck maintenance records
- Data from the truck’s onboard computer
- Dashcam video
- Driver’s employment history
Our lawyers evaluate many factors when investigating tractor-trailer accidents. We can also investigate the accident scene for critical evidence, including information that may assist in accident reconstruction, such as the length of skid marks the truck made at the accident scene. We may also be able to review the truck’s brake pads and other components.
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Who Can Be Held Liable in a Truck Accident?
Since the majority of truck drivers are independent contractors, it can be difficult to establish legal blame for a truck accident. A skillful truck accident lawyer in New York can help. If the company that hired the independent contractor is in charge of all moving points of their position, the contractor may be deemed an employee. If the contractor is determined to be an employee, the employer may be liable for the accident.
If the truck driver was deemed at fault for the accident, both the driver and the trucking company can be held liable for the negligence of the trucker. In addition, the owner of the cargo, the company that was responsible for loading the car, the manufacturer, and the trucks’ mechanics can be held liable.
What Happens if More Than One Party is Responsible for Your Trucking Accident?
Our attorneys at Rosenberg & Gluck, L.L.P., will investigate all potentially liable parties to determine who should be held responsible for your injuries. As explained earlier, we know that multiple liable parties can create complexities in a case. We are prepared to do what it takes to hold the right party responsible so that we can help you get the financial compensation you need.
You Have a Limited Time to File a Legal Action in a Truck Accident
You generally have three years to file a lawsuit in your trucking accident, according to CVP §214. There might be exceptions that could shorten your deadline to file, such as if you are suing a municipality. If you want to file a wrongful death action, you generally have two years, per EPT §5-4-1.
You can meet with us to discuss how any exceptions could affect your potential case. Time is of the essence in consulting with an attorney, if you miss a statute of limitations that applies to your case, you will be precluded from bringing a claim for damages.
Why Truck Accidents Happen
There are more than 2 million drivers on the road today, and 500,000 accidents occur per year. Data indicates that truck drivers are inherently more at risk for a crash, especially to other drivers.
Drivers of large trucks and other vehicles involved in truck crashes are 10 times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance, according to the Federal Motor Carrier Safety Administration (FMCSA).
The trucking industry is under financial pressure to deliver goods more cheaply and faster than ever before. As a result, trucking companies in Long Island, NY, cut corners.
- Truck drivers find themselves driving long hours.
- Trucks are not always properly maintained.
- Freight is sometimes improperly loaded.
- Truck driver training and screening are mismanaged.
Common Causes of Truck Accidents
The attorneys at Rosenberg & Gluck, L.L.P., represent clients injured in all semi- or tractor-trailer accidents. Truck accidents can happen for the following reasons:
- Driver fatigue
- Driving under the influence
- Excessive speeding
- Wide turns
- Trucks pulled off onto the shoulder improperly
- Load shift
- Lack of proper safety reflectors for night driving
- Tire blowouts
- Driving while distracted (such as driving while using a cellphone)
- Vehicle defects
- Defective truck parts
Common Types of Truck Accidents
There are several typical kinds of truck accidents that can occur for various reasons, from weather to inattentive driving. Every accident is different but can result in severe injury, even death.
Here are the most common types of truck accidents:
- Rollover: A truck that rolls over poses a serious threat to the driver and all surrounding cars. This can occur due to the shifting of cargo on an incline or taking a turn too fast.
- Jackknifing: When the attached trailer loses control, it can cause a “jackknife.” A jackknife happens when the cab and the trailer are facing the opposite direction, making the cab unable to move any longer.
- Tire blowout: A tire can blow out due to the extreme weight of the truck. When the tire blows, the truck driver may lose full control of the truck and can roll over from the impact.
- Car under truck: When the driver behind a truck does not see the truck slow down or come to a stop, they can slide under the underside. This kind of accident can end in severe injuries, including death and total loss of the vehicle.
What is the Difference Between Truck and Car Accidents?
The major difference between a tractor-trailer and car accident is the severity of the outcome. A fully loaded 18-wheeler is a massive machine. They can weigh in at over 80,000 pounds, a whopping 20 times heavier than the average car on the road.
When there is a collision with a truck, it can result in serious injuries, even death.
Truck Companies Have Their Attorneys Ready to Take on Their Cases
The trucking industry has the wherewithal to retain experienced, effective legal teams to fight claims in trucking accidents. Trucking companies frequently send representatives, who arrive quickly at the scene of an accident, to gather information and interview witnesses. You need experienced experts on your side, including a seasoned New York truck accident attorney, to present your case in a truck accident claim.
Experienced Truck Accident Lawyers Can Help
We understand the trucking industry and the laws that regulate it. We know how to investigate truck accidents and trucking companies. We can help you by filing your accident claim, negotiating with insurance and trucking companies, or taking your case to trial, if necessary, to recover just compensation. Favorable outcomes depend on the skills and experience of effective truck accident lawyers.
Call Today for Your Free Consultation
Call our truck accident law firm in Long Island today for a free consultation and to discuss your case with a personal injury attorney. If you are unable to travel, hospital and home visits are available.