Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
If you’ve been in an truck accident, you’re going to want the best lawyers on your side to protect your rights and help you recover the best possible result. If you have any questions about your legal options, we’re here to help 24/7. Why Choose The Barnes Firm:
Our team of truck accident attorneys have helped clients recover millions from their injury claims.
When a vehicle weighing tens of thousands of pounds collides with another car, the outcome can be severe. From totaled vehicles and significant physical damage to expensive medical costs, lost wages, and even potential long-term psychological issues, there’s no denying the impact that an accident with a truck can have on an individual’s life. Here at The Barnes Firm, we understand that in the aftermath of a truck crash, you may not know where to turn. Our best Manhattan truck accident lawyers can provide you with the trusted representation you deserve.
If you or a loved one have been involved in a truck crash in Manhattan, contact The Barnes Firm right now by calling (800) 800-0000.
Investigation: We will collect any and all data, visual recordings, witnesses, and driver records to begin to successfully build your case. This process also includes inspecting driver history, license, training, employment records, and meticulously examining the accident scene for relevant information.
Expert Testimony: Having experts support your claim is another essential part of building a successful truck accident case in Manhattan. A truck accident lawyer near you will seek out the expertise of professionals willing to testify on your behalf; For instance, a doctor who describes the extent of your injuries and the treatment needed for them, or an industry professional who can explain the cause, force, impact, and other data surrounding the accident.
Trial: At The Barnes Firm, our truck accident lawyer in Manhattan will want you to get the most favorable outcome for your case. We served countless clients through the years, and we understand the need to have a team with extensive trial experience supporting you every step of the way throughout the process.
Blind spots are a common cause of sideswipe truck accidents, both in Manhattan and across the country. It can be relatively easy to get caught in one of the truck’s many blind spots — typically in the front, behind and on the sides of every 18-wheeler. Even though modern technology has helped to eliminate some of the issues and causes of these accidents — like radar and blind spot detection — truck crashes can and do still happen.
Have you or a loved one suffered from the results and fallout of a truck crash? Let the Manhattan truck accident attorneys from The Barnes Firm help get you the trusted, expert representation that you deserve. Our team is standing by — right now — ready to take your call.
Our truck accident attorneys have decades of combined experience getting favorable results for their clients, and we’re here to help guide you every step of the way. Don’t wait another minute through pain, suffering, and lost wages. Contact us today by calling (800) 800-0000.
Truck accidents often result in significant damages, both to the vehicles involved and, more critically, to the people inside them. If you or a loved one has been involved in a truck accident, understanding the types of damages you may be entitled to is important. Here are some of the most common damages victims can claim in a truck accident.
After a truck accident, victims typically face a range of medical costs. These can include emergency room visits, surgeries, consultations with specialists, medication, and potential future medical expenses for ongoing treatment or rehabilitation.
Injuries from a truck accident might render you unable to work, either temporarily or permanently. This can lead to lost wages, reduced earning capacity, or even the need to transition to a lesser-paying job.
Beyond the tangible costs, victims often undergo significant physical pain and emotional distress. This category of damages considers the physical discomfort, mental anguish, and emotional turmoil you might experience following the trauma.
In some cases, a victim’s relationship with their spouse is adversely affected due to their injuries. Loss of consortium compensates for the negative impacts on the closeness, companionship, and physical relationship shared between spouses.
Truck accidents can cause substantial damage to vehicles and personal property. This category of damages covers the costs of repairs or replacements needed due to the accident.
Beyond immediate physical injuries, a truck accident might lead to long-term psychological impacts, including anxiety, depression, or PTSD. Damages for emotional distress cater to the psychological fallout and related treatments.
If a truck accident results in a fatality, family members can seek wrongful death damages. These cover funeral and burial expenses to the loss of financial and emotional support.
In situations of extreme negligence or malicious intent, punitive damages might be awarded. These are not about compensating the victim but are designed to punish the at-fault party and deter similar behavior in the future.
To ensure all these damages are comprehensively addressed, consult with our skilled legal professionals, who can advocate for your rights and interests.
When a loved one is tragically lost due to a truck accident in Manhattan, the pain and anguish experienced by their family members can be overwhelming. Beyond the emotional trauma, families often face sudden financial burdens, including medical bills, funeral costs, and the loss of a primary breadwinner. In such challenging times, understanding your legal rights is crucial.
A wrongful death claim arises when a person’s death is caused by the negligence or wrongful act of another party. In the context of truck accidents, this could result from a truck driver’s carelessness, a company’s failure to maintain its fleet, or a manufacturing defect in the truck.
Typically, the immediate family members, such as spouses, children, or parents of unmarried children, are entitled to file a wrongful death claim.
In a wrongful death claim, several types of damages can be sought:
Be aware that there is a time limit for filing a wrongful death claim, known as the statute of limitations. The statute of limitations for a wrongful death claim in New York is two years from the date of the person’s death. This means that the personal representative of the deceased person’s estate must file the wrongful death lawsuit within two years of the death, or else the claim will be barred by law.
However, there are some exceptions and circumstances that can extend or shorten this deadline, such as filing a claim against a government entity, discovering the cause of death later, or having a minor plaintiff.
Therefore, it is important to consult with our wrongful death lawyers as soon as possible after losing a loved one in a wrongful act or negligence of another party to avoid missing the deadline and losing your right to sue.
In truck accidents within New York, establishing liability is necessary for securing rightful compensation. New York has specific regulations and legal nuances that come into play during such cases. Here’s how you can prove liability in the context of New York laws:
The cornerstone of most truck accident claims in New York is negligence. To succeed in a claim, victims need to demonstrate that the at-fault party acted negligently and this negligence directly resulted in the accident and subsequent harm.
Several entities might be at fault in a truck accident:
Several forms of evidence can support your claim:
The trucking sector is governed by both state and federal regulations. New York-specific rules, combined with federal standards like the Federal Motor Carrier Safety Regulations (FMCSR), play a role in many cases. Any violations of these rules can be strong evidence of negligence.
New York follows the doctrine of comparative negligence. If the victim has a certain percentage of fault in the accident, their compensation will be reduced by that specific percentage.
For example, suppose you are involved in a car accident with another driver who ran a red light. You suffered $100,000 in damages, but you were also speeding at the time of the crash. A jury finds that the other driver was 80% at fault and you were 20% at fault. Under New York’s comparative negligence law, you can still recover 80% of your damages, which is $80,000. However, if you were not speeding, you could have recovered the full $100,000.
In Manhattan, as with the rest of New York State, the statute of limitations dictates the timeframe within which you can legally file a lawsuit related to a truck accident. Here’s a breakdown of the time limits you need to be aware of:
If you have suffered injuries in a truck accident, New York law gives you three years from the date of the accident to file a personal injury lawsuit against the responsible parties. If you do not file your claim within this three-year window, the New York courts may refuse to hear your case, and you’ll likely lose your right to seek compensation for your injuries.
For claims related to property damage, such as damage to your vehicle, you also have three years from the date of the accident to initiate a lawsuit.
If a loved one has tragically passed away due to a truck accident, the timeframe to file a wrongful death claim is different. You have two years from the date of the deceased person’s death, not from the date of the accident. It’s crucial to differentiate between the date of death and the date of the accident, as they might not be the same.
While the above timeframes are standard, there are certain scenarios where the statute of limitations might be extended or shortened:
Given the legal complexities and the crucial nature of adhering to these time limits, it’s essential to consult with our experienced truck accident attorneys in Manhattan promptly after an accident. This ensures that your rights are protected, and you can pursue the compensation you rightfully deserve within the specified legal timeframe.
The aftermath of a truck accident in Manhattan can be overwhelming. Victims often grapple with physical injuries, mounting medical bills, and the emotional trauma of the event. At The Barnes Firm, we recognize these challenges and strive to alleviate the legal burdens you face, ensuring you receive the compensation and justice you deserve. Here’s how our attorneys can help:
Our team of premier personal injury attorneys has amassed vast experience, spanning decades, in a wide array of personal injury subjects, from motor vehicle accidents to workplace injuries. Our track record showcases a variety of multi-million dollar settlements, testifying to our relentless commitment to securing the best outcomes for our clients.
Understanding the challenges our clients face, we prioritize your well-being, both medically and legally. Our attorneys are experienced at handling the intricate details of personal injury cases, allowing you to focus on recovery. We’re not just here to represent you – we’re here to support you.
With a presence on both the East and West Coasts, The Barnes Firm is prepared to support your case irrespective of location. Our national reach is a testament to our commitment to justice for all.
Our accolades speak volumes about our commitment to excellence. Recognitions like the “Best Lawyers in America,” LexisNexis Martindale-Hubbell Peer Review, and memberships in esteemed groups like the Million Dollar Advocates Forum underscore our dedication to upholding the highest standards in legal service.
Founded by Steve Barnes, a former Marine Corps officer with a disciplined focus, we’ve continually upheld his vision of delivering unparalleled legal services. Steve’s legacy is punctuated by his involvement in numerous high-value cases, and his ethos continues to guide our firm. Under the leadership of Rich Barnes, Steve’s brother and an accomplished attorney in his own right, we’re fortified in our resolve to champion the rights of accident victims.
The Barnes Firm’s success stories are a testament to our service. From motorcycle accidents to truck accidents, our attorneys have secured millions of dollars in settlements for our clients. These results are a reflection of our dedication, tenacity, and expertise.
Our attorneys are consistently recognized by their peers and various platforms for their legal prowess. Accolades from SuperLawyers, Expertise.com, and the Million Dollar Advocates Forum are just a few endorsements that spotlight our attorneys’ legal knowledge and dedication.
At The Barnes Firm, your quest for justice becomes our mission. Regardless of the complexities or challenges posed by your case, our seasoned Manhattan truck accident attorneys stand ready to advocate for you relentlessly, ensuring you receive the compensation you rightly deserve. Your fight is our fight, and we’re committed to securing a favorable outcome on your behalf.
Being involved in a truck accident can be a traumatic experience, leaving you with many challenges to overcome. While you might consider handling the aftermath on your own, here’s why hiring our Manhattan truck accident lawyers is wise:
After a truck accident, it’s essential to ensure that your rights are not compromised. Here’s how you can protect yourself.
By being vigilant and proactive, and with the guidance of our skilled Manhattan truck accident attorneys, you can ensure that your rights remain uncompromised throughout the legal process.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Client Reviews
The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
New York has short deadlines for truck accident claims. You must file an insurance claim within 90 days of your collision. The statute of limitations for lawsuits is three years from the injury date. Once these deadlines pass, you may lose your ability to recover compensation. It is best to move quickly and take legal action.
You can recover damages for various losses and costs associated with treating your injuries from a truck accident. Damages vary per case but may include:
The costs of hiring a truck accident lawyer in NY will come as a percentage of your final settlement. You do not pay out-of-pocket expenses for retaining legal services. The percentage rate will depend on where in the process your case settles. The further it goes, the higher the percentage rate can be. However, this is all outlined within your agreement when you sign with a law firm.
Choosing the right lawyer is essential to your injury claim. You must choose wisely. First, you must consider your legal needs and expectations. You will want to sit down and determine your legal needs and what you can expect from the law firm. You can seek recommendations from friends, family, and coworkers. Once you have a few options, review the firm’s track record and services to ensure they align with your needs. Schedule a consultation to determine if the law firm is right for you.
Truck accident cases often have several parties who can be liable for injuries and losses. In most cases, you can sue the truck driver. In another instance, their employer is responsible. Other third parties, like truck maintenance and product manufacturers, may also be held liable. Holding any of these parties responsible is challenging, but you must seek justice.
The basis of your claim will come down to evidence. The best way to prove the truck driver or their employer was at fault is by presenting a solid case based on evidence. Some of the evidence that can prove vital to your claim includes:
You will unlikely have to go to court for a truck accident case. Most New York truck accident cases settle out of court. Your attorney will investigate the collision and gather evidence. They will then build and present the case to the insurance company, beginning the negotiation process. Typically, negotiations are fruitful, and the case is resolved without additional actions.
The state understands that accidents are complicated. Sometimes, the parties involved contribute to the collision in different ways. Your contribution to the accident will not hinder you from getting compensation. Your percentage of fault will reduce your award. The caveat is that the other driver must be over 50% at fault.
Truck drivers and their employers must follow stringent federal and state regulations to operate a commercial truck. Some federal regulations truckers must follow include:
Additionally, truck drivers must respect traffic laws in New York and when crossing state lines. They have a more considerable responsibility when carrying heavy loads. They must adhere to all regulations to keep everyone safe.
If the trucker blames you for your collisions, you have several options. You might share responsibility for the truck accident if you were negligent. However, you can still recover compensation for your losses. Your fault will reduce your financial award. It is common for insurers to use victim-blaming tactics to lower their responsibility. Sometimes, these allegations are baseless, and you can show evidence of the contrary with the help of a NY truck accident lawyer.
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