New York Truck Accident Attorney

What Compensation Can Be Recovered After a Truck Accident in New York?

After a truck accident, you may have serious injuries requiring extensive medical care. You may have suffered:

• Traumatic brain injuries
• Spinal cord injuries
• Burns
• Lacerations
• Broken bones
• Damage to internal organs

Recovery will likely take time, and you may be unable to work or complete necessary daily tasks on your own. Your New York truck accident lawyer will look at all your losses so they can fight for fair compensation that truly accounts for what the accident has cost you.

You may qualify for compensation for:

• Medical Expenses: This includes medical bills for doctor appointments, tests, surgeries, physical therapy, and emergency room care.
• Lost Wages and Diminished Earning Capacity: If you take time off to recover and attend medical appointments or if you are never able to return to work, you may be able to recover those losses.
• Property Damage: You may be able to recover costs for repairing or replacing your vehicle after the accident.
• Non-Economic Losses: These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of quality of life.

How Can a Truck Accident Attorney in New York Help You?

Truck accident cases can be complicated, as multiple liable parties may be involved. A careful investigation will need to be carried out to determine negligence and build support for your claim. A New York truck accident lawyer can handle these steps and all aspects of the legal process, so that you can focus on what matters—your recovery.

They can:

• File all paperwork
• Handle communications with insurers and legal teams
• Investigate and obtain evidence
• File any needed appeals
• Negotiate on your behalf
• Offer guidance when you receive settlement offers
• Represent you in court when necessary

The Goldwater Law Firm has been helping the injured for over 20 years and is one of the most widely recognized law firms in the United States. We partner with successful firms in New York so that we can connect you with the truck accident lawyer who is right for your case.

If you are worried about the cost of hiring legal representation, our law firm partners work on a contingency fee basis. This means there are no upfront fees; instead, you only pay them if they recover compensation for you. Contact The Goldwater Law Firm today for a free initial consultation.

How a New York Truck Accident Lawyer Builds Your Case

In New York, you must be able to prove that someone else’s negligence resulted in harm to you. But what does that really mean? In legal terms, negligence is defined by four key criteria. These are:

• Someone owed you a duty of care. For example, a trucking company has a responsibility to keep the public as safe as possible while conducting business.
• The party in question breached that duty. For example, a truck driver was driving while intoxicated.
• The breach led to the accident. For example, a trucking company hired an unqualified driver who could not navigate heavy traffic safely and rear-ended you.
• Due to the breach, you have losses. These typically include damages such as medical bills, lost wages, and pain and suffering.

Commercial truck accidents are often much more complex than a standard car accident because multiple parties may share liability. Potentially liable parties include:

• The truck driver
• Other motorists
• The trucking company, either through direct negligent actions, such as improper training, or vicarious liability as an employer
• Government entities, if road conditions exacerbated the accident
• Third-party mechanics who worked on the truck
• Truck manufacturers, if a defective or faulty part contributed to the accident

How Does Your Lawyer Prove Negligence?

Your lawyer will prove negligence and liability by meticulously investigating the accident. They may use evidence such as:

• Eyewitness accounts
• Video surveillance, such as from dash cams or security cameras
• Black box data
• Police reports
• Driving records
• Maintenance logs
• Safety reports
• Physical evidence, such as skid marks
• Expert testimony, such as from an accident reconstructionist

Important Laws Concerning Truck Accident Cases in New York

Trucking companies are federally regulated. Regulations from the Federal Motor Carrier Safety Administration include limits to the number of hours a truck driver can be continuously on the road, drug and alcohol testing requirements, as well as other laws intended to increase general safety. If your lawyer can prove that a truck driver or company broke a federal regulation, it can be the evidence needed to prove negligence.

In addition to federal laws, there are two state laws that are essential to understand for your case. The first is New York’s statute of limitations on personal injury cases. Under CVP § 214, you generally have only three years to file a personal injury lawsuit after a truck accident.

The other law is pure comparative negligence. Under this rule, you can recover compensation if you are not 100% at fault for the accident. However, your percentage of fault will affect your recoverable compensation.

An attorney can explain how these laws may affect your case.

Steps to Take After a Truck Accident in New York

The immediate aftermath of an accident is chaotic. You should call 9-1-1 and seek medical attention as soon as possible. However, once you are safely away from the accident scene, it can be helpful to take some additional steps. These steps can help preserve your claim, but it’s important to note that your New York truck accident lawyer can also offer further guidance.

These steps are:

Follow Up With Your Doctor

Whether you received medical care at the accident scene or not, following up with your medical team is essential. Early diagnosis and treatment intervention can positively impact your recovery.

If your doctor comes up with a treatment plan, ensure that you stick to it. Insurance companies can use discontinuing (or failing to start) treatment against you. They may argue that you stopped treatment because your injuries were not as serious as you claim.

Report the Accident

If you did not call the police to the accident scene, you should call their non-emergency number to report the accident. Your reporting of the accident creates a vital chain of documentation for your claim.

Be Careful What You Say About the Accident

Insurance adjusters may ask leading questions or try to get you to admit fault. If you are questioned by an insurance adjuster or other insurance company representatives, stick to the basic facts, don’t try to answer questions you are unsure of, and avoid apologizing for your actions. You can also direct the insurer to your attorney instead, which protects you from potentially being taken advantage of.

You should also avoid posting about the accident on social media. The insurance company can use any public posts against you.