Commercial trucks can be over 30-feet long and weigh up to 80,000 lbs. At that size, a truck accident can be catastrophic, even in low-impact crashes. Some of the most common injuries include:
If you or your family member has been hurt in a truck accident, you may be entitled to significant financial compensation. Call the truck accident lawyers at The Barnes Firm for a free consultation.
Truck accidents are behind over 500,000 motor vehicle accidents each year. Of these, roughly 5,000 people are killed, usually innocent drivers and passengers of smaller cars.
While there are a variety of factors that can cause a truck accident, the most common causes include:
The truck driver is not always responsible for a crash, but in some cases, truckers are placed under a lot of pressure by their employers to meet shipping deadlines. In many cases, truckers are working 11 hours each day, seven days/week.
Under these stressful conditions, truckers can become fatigued or under the influence of substances used to offset sleep deprivation. Their busy schedules may also cause them to neglect the trucks themselves, as bad brakes are a common cause of truck accidents.
If you or a someone you know has been injured, you can rely on the truck accident attorneys at The Barnes Firm to help you get the best result possible.
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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