If you sustained injuries in a truck accident in New York, you might be entitled to collect compensation from the at-fault driver and/or another liable party involved in the accident. A personal injury lawyer from Friedman & Simon, L.L.P. will fight to hold all liable parties responsible for your damages.
Our team of New York truck accident lawyers seeks compensation for damages like medical care costs and lost income for victims hurt on Long Island and in New York City. We provide free case evaluations and will help you understand your options for pursuing compensation through legal action.
In This Article
- What Kinds of Truck Accident Cases do You Accept in New York?
- What Damages Can I Collect for a New York Truck Accident?
- What Is the Average Settlement for a Truck Accident?
- What does a New York Truck Accident Lawyer Do?
- Is It Worth Hiring a Lawyer for My New York Truck Accident?
- Is There a Deadline to File a Truck Accident Lawsuit?
- How do You Prove Fault and Liability for a New York Truck Accident Case?
- How Long does a New York Truck Accident Claim Take to Settle?
- Do You Have to Go to Court for a Truck Accident?
- Who Can Be Sued in a New York Truck Accident Case?
- What Can I Do to Protect My Rights After a Truck Accident?
- Start Your Free Case Review Today
What Kinds of Truck Accident Cases do You Accept in New York?
Our personal injury lawyers at Friedman & Simon, L.L.P. handle all types of truck accident cases in New York, including cases involving accidents caused by:
- Driver impairment
- Driver fatigue
- Driver distraction
- Excessive speed
- Aggressive driving
- Insufficient driver training
- Improper equipment repairs
- Inadequate truck maintenance
- Improperly loaded trailers
- Overloaded trailers
- Violation of transportation laws
If you are not sure what caused the truck accident, our team will investigate the case to determine what happened and identify who could be held liable for your damages. Even if the case involves a separate causal factor not listed in this section, you are able to pursue compensation as long as another party caused the crash.
In cases involving multiple vehicles or liable parties, plaintiffs could be eligible to file claims against the various parties or name a number of parties as defendants in a lawsuit to seek damages. We will explain your legal options if so. This is common in truck accident cases because trucking companies are often vicariously liable for injuries and damages their drivers cause.
We Help Accident Victims Stand Up Against Trucking Companies and Other Parties
To protect other motorists and the public, commercial trucking enterprises must adhere to all transportation laws and safety standards. This includes:
- Servicing their trucks and keeping them maintained
- Training drivers appropriately and having them adhere to federal regulations
- Running background checks before hiring new drivers
- Running routine exams on equipment to ensure safety
In addition, like other drivers, they must follow all applicable traffic laws. Making a careless mistake behind the wheel of a massive tractor-trailer truck could cause catastrophic injuries to occupants of nearby passenger cars.
If the trucking company, driver, or a related party fails to uphold their duty, and that failure is the cause of an accidental injury, they could be held liable for the resulting damages. We will fight to hold them legally and financially responsible for the harm they have caused.
Our team at Friedman & Simon, L.L.P., will investigate your New York truck accident to identify the parties whose actions were either the sole cause of or contributed to your accident. Our New York legal team will document your damages, and one of our personal injury lawyers will fight to recover compensation for your injuries.
For a free legal consultation with a Truck Accident lawyer serving New York, call 516-932-0400
What Damages Can I Collect for a New York Truck Accident?
What Damages Can I Collect for a New York Truck Accident?
Injuries sustained in a truck accident could require extensive medical treatment and prevent you from going back to work. As you face potentially astronomical medical bills and living expenses because of your injuries, we are here to help you. We will fight to recover compensation that covers all your damages.
The damages you could seek in a truck accident case in New York will depend on the current losses you suffered and future losses you will suffer because of your accident-related injuries. If we represent you, we will gather evidence to prove these damages and seek a financial recovery that addresses them.
You Could Recover Your Economic and Non-Economic Losses
After a truck accident, you might be entitled to recover economic and non-economic damages from the at-fault or liable party. Our legal team will identify your damages and obtain documentation to support each item of damages that you claim.
To start, we will assess your economic damages, which are based on the financial setbacks you experienced because of the truck accident. These damages could include:
- Medical treatment and care
- The estimated cost of future medical treatment and care
- Lost wages and benefits
- The estimated value of future income and benefit losses
- Diminished earning capacity if there are lasting injuries
- Direct out-of-pocket expenses, such as for assistive support devices
- Property damage expenses, such as repairing or replacing your vehicle
Next, we will assign values to your non-economic damages, which might apply to the physical and emotional pain you experienced because of your injuries. Some examples of non-economic damages include:
- Pain and suffering
- Emotional trauma
- Diminished enjoyment in life
- Permanent disability, including vision and hearing loss
- Physical disfigurement, such as scarring
Our team will put an appropriate value on your case and seek financial recovery for the damages you suffered. We believe that if an accident victim did nothing to cause their accident and injuries, they should not have to pay for the losses they sustained as a result. Instead, the liable party should cover these bills and losses.
Surviving Families Could Recover Damages for Their Loved One’s Death
Unfortunately, not all accident victims recover from their injuries. When an accident victim’s injuries are too severe, they could pass away. If a member of your family passed away from injuries they suffered in a truck accident, our team offers our heartfelt condolences.
Per Estates, Powers & Trusts § 5-4.1, surviving family members have a limited time to pursue wrongful death damages on behalf of their late loved one. Wrongful death damages could include:
- Funeral expenses, including costs for burial or cremation services
- Loss of financial support from the decedent (your loved one)
- Current and future pain and suffering, including grief
- Loss of companionship, guidance, and love and affection
- Loss of consortium (These are the special forms of loss, recognized by law, that a person experiences when their spouse is a wrongful death victim.)
- Loss of society (Essentially, this is the loss of being with your departed loved one).
Our team will review your New York truck accident case for free to see if we are able to build your case. We consider it a privilege to represent surviving family members of truck accident victims and help them seek justice. We are committed to pursuing the compensation you need based on what happened to your family member and the damages you suffered.
We Will Use Evidence to Support Your Claim for Damages
A personal injury lawyer from our team will work hard to calculate your damages and demand compensation for them in negotiation meetings or a trial case. We will also support our valuation of your damages with evidence, which could include:
- Medical bills
- Wage statements or tax forms
- Receipts
- Personal anecdotes or journal entries
- Photographs and videos of your injuries and recovery
- Expert testimony, such as from economists or medical professionals
Having strong support to show the value of your case is crucial in proving your damages and recovering the compensation you need and deserve to pay your bills, cover losses, and more. This is how we achieve justice for our clients and make them financially whole again.
You Want to Be as Accurate About Your Total Damages as Possible
A common mistake plaintiffs make when they try to pursue compensation for their damages on their own is to overlook major losses or underestimate their case’s value in other ways. This can result in being dramatically underpaid for their damages. The cost of economic expenses often affects the non-economic value of the case as well, meaning missing one type of damage could harm the whole case.
Some accident-related damages—particularly future expenses and intangible losses— are difficult to put a monetary value on, even if you identify all or almost all of them. However, our team will help you reach an accurate estimate of your case’s value.
Our efforts are focused on being as accurate as possible. We take very, very seriously the fact that once your case settles, you will not be able to pursue additional compensation, even if new damages arise. When valuing your case, we will consider potential damages you might incur to help avoid future financial setbacks.
New York Truck Accident Lawyer Near Me 516-932-0400
What Is the Average Settlement for a Truck Accident?
What Is the Average Settlement for a Truck Accident?
There is no way to accurately calculate the average settlement for truck accident cases. Each case is different based on the victim’s personal factors and the elements surrounding the accident.
Even in two similar collisions that occur because of the same traffic violation, possible variables involved in each case include:
- The speed of each driver
- The point of impact
- The injuries you suffered
- Your medical care expenses
- Amount of time spent away from work due to injuries
- The accident’s lasting damage
Our team will review these elements and calculate how much compensation to pursue when negotiating a settlement or fighting for the maximum verdict on your case.
We Will Help You Negotiate a Settlement
Each potential settlement is based on negotiations between the injured party (or their attorney) and the insurance company representing the liable party. To ensure you understand what an appropriate settlement will look like for you, our team will:
- Gather documents, such as medical bills, medical records, and receipts for out-of-pocket expenses
- Work as needed with industry experts to understand your injuries, future care needs, and prognosis
- Consider other possible losses that are common in truck accident cases
- Put a value on your intangible damages, such as your pain and suffering
- Estimate the value of the case based on the evidence we collect
Once this process is complete, one of our truck accident attorneys will present your case to the opposing party’s insurer and demand a payout that would appropriately compensate you. We often reach a settlement for our clients through these talks with the insurance company. We understand what an appropriate payout will look like and negotiate based on that.
When a New York Truck Accident Case Does Not End with a Settlement
Many people can reach a settlement deal with the insurance company. However, not all settlement offers are appropriate and meet the plaintiff’s needs. For example, an insurance company might offer a settlement deal that does not:
- Factor in future losses you might experience
- Adequately compensate you for certain damages, such as pain and suffering
- Account for certain damage claims you make, such as whether your injuries affect your earning potential in the long term
If this happens in your case, your lawyer will likely counter the low offer with a demand that would appropriately compensate you, which may kick off a series of negotiations. The goal of these negotiations is to seek a settlement deal that falls within the range our team calculated.
Many personal injury cases settle without going to trial. This keeps both sides from having to spend additional money to take the case to court. Still, our team will be able to file a civil suit and go to trial if the insurer does not agree to an appropriate settlement.
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What does a New York Truck Accident Lawyer Do?
What Does a New York Truck Accident Lawyer Do?
Our truck accident attorneys represent victims in New York who suffered losses in trucking accidents.
These lawyers understand commercial vehicle accident laws in New York, including how they might apply to your case and how they could allow you to navigate the claims process. Below are some examples of what a truck accident lawyer from our team will do for you.
We Manage Communications with Other Parties
A lawyer from our team will be able to manage all communication with other involved parties in your case. Other parties could include:
- Your insurance company
- The truck driver and their attorney
- The trucking company and its legal team
- The insurance company that represents the liable party or parties
Our team will also correspond with certain parties on your behalf to receive messages or updates on the case.
We Search for Information You Need for Your Case
Your attorney, along with our team, will also investigate the accident to identify what caused it and who was involved.
Typically, this will require us to:
- Interview witnesses
- Obtain a copy of the police report about the accident
- Request your medical records and other documents
Depending on the nature of your injuries and the accident, we could also work with expert witnesses in our network of professionals to secure supporting testimonies. Expert witnesses are able to speak on the extent of your damages and which party could hold liability. They also are able to provide additional analysis for the case.
Examples of expert witnesses include:
- Medical professionals
- Vocational rehabilitation specialists
- Life-care planners
- Economists
- Accident reconstruction analysts
We Construct and Present Your Case Argument for Compensation
After our legal team gathers and analyzes all available evidence to help prove the case, we will develop an argument to convince the insurance company or judge and jury that the at-fault party should be held liable for your damages.
Our team will first approach the insurer with a demand for a just settlement, outlining the case and presenting evidence of the losses you sustained. This might allow you to settle without having to go to court.
Once the case is presented to the insurer, there are a few potential outcomes:
- You receive a settlement offer that covers your damages.
- You receive a settlement offer that does not cover all of your documented damages and thus requires negotiating.
- The insurance company does not believe its policyholder is liable for your damages and refuses to offer compensation.
If you receive a low settlement offer, your attorney will negotiate with the insurance company to work out a settlement deal that justly compensates you for your financial expenses and intangible losses.
If the opposing party refuses to negotiate with you or offer compensation, depending upon the unique circumstances of your case, our team of lawyers and legal professionals will prepare the case for court and ultimately trial before a judge and jury to continue your pursuit of financial recovery.
We Stand Up for You Against Corporate Lawyers in Court
A New York truck accident lawyer from our firm will fight for you and the financial recovery you need. Our team will take legal action and, if called for, file a personal injury lawsuit about your truck accident if we cannot reach a settlement deal during the negotiation stage. We are not afraid of going toe-to-toe with corporate lawyers and insurance companies and we have done so, successfully, many, many times over the past thirty years.
It is wise to work with a trial attorney who regularly represents truck accident victims in the civil courts of New York. A truck accident lawyer will be ready to:
- Take the case to trial
- Present evidence to support your claims about negligence, liability, and damages
- Advocate on your behalf to the judge and jury
Our mission is to recover compensation for your injuries, so we will work hard to build a comprehensive case on your behalf.
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Is It Worth Hiring a Lawyer for My New York Truck Accident?
Is It Worth Hiring a Lawyer for My New York Truck Accident?
When you hire a truck accident lawyer from our team to handle your insurance claim or personal injury lawsuit, it allows you to focus on treatment and healing instead of working to figure out the claims process and worrying about a payout. This could help you recover from your injuries and reduce the stress and frustration of this process.
While you might not be familiar with the complexities of the insurance claims process, especially with a commercial vehicle involved, our attorneys will be. Our team knows how to protect your rights and advocate for your legal interests throughout this process.
We Provide Our Clients with Several Legal Services
When you become a client at Friedman & Simon, L.L.P., your truck accident lawyer and the rest of our legal team will:
- Keep you updated on your case: Our team will be available to you throughout the legal process. We provide updates and advise you of important developments as they occur so that you understand what is happening in the case and feel confident about the direction it is going at all times. We answer your questions and navigate this complex area of the law on your behalf.
- Identify liable parties: Assigning liability in a truck accident case is not always straightforward, but our attorneys understand the applicable laws related to your case. For example, we will identify whether an employer could be held liable for the actions of an employed truck driver in the accident. If so, we will prosecute a claim on your behalf under the laws of vicarious liability.
- Communicate with all parties for you: Having us manage all communications in the case protects your rights. You will have more time in your day to focus on what is most important to you and you will be relieved of the stress that dealing directly with adversarial parties creates.
- Gather evidence: Our team will gather all available evidence to build a strong case against the truck driver, trucking company, and other liable parties. We will also take steps to gain access to evidence that may be held by the trucking company, such as black box data. In addition to obtaining documentation, we may obtain opinions and testimony from subject matter experts to provide support for your claim.
- Determine a value for your case: We identify and document all physical, emotional, and economic damages related to the case. Putting an appropriate settlement value on your damages is key to seeking the payout you deserve and helping you avoid paying any medical bills or other costs out of pocket.
Our legal team will also discuss with you any relevant laws that apply to the case. For instance, you might need to show that your injuries meet a certain threshold of seriousness in order to move forward with a personal injury claim or lawsuit. We will make everything clear. Communicating with you in a manner that is respectful, patient, compassionate, and comprehensive is a priority for us.
We Offer Free Case Reviews for New York Truck Accident Victims
If you were a victim of a truck accident in New York, a personal injury lawyer from Friedman & Simon, L.L.P., wants to help you seek compensation for your losses. An experienced and dedicated legal professional from our team will gladly review the case for free and answer any questions or concerns you have about your accident, injuries, insurance claim, or ability to recover compensation.
We will discuss the truck accident case with you in a free consultation. If you have information available about the truck driver who hit you, their employer, and other details of the case, that will help us get started faster. If not, our team will investigate the accident to discover this information.
We will also answer any questions you have about our services, case results, and fees. We outline similar cases and their outcomes, allowing you to see how our team approached these claims in the past.
Is There a Deadline to File a Truck Accident Lawsuit?
You have a limited time to take legal action and take other critical steps to protect your rights after getting into a truck accident. New York’s statute of limitations for personal injury cases sets the deadline for when you are able to file a lawsuit. This law is found in New York Civil Practice Laws & Rules § 214.
It is important to note that other, shorter, statutes of limitations may apply and other deadlines in claims and lawsuits will apply. For these reasons and others, it is best to have an knowledgable and determined New York truck accident lawyer from our law firm consult with you and carefully review the available relevant information.
Certain factors could alter the window you have for filing the case, such as whether:
- You are filing on behalf of a loved one who passed away in a truck accident.
- The victim is a minor or was a minor at the time of the accident.
- You are naming a municipality as a liable party in the case.
Our team will review the case to see if other factors alter the filing deadline, then take appropriate steps to file your case on time.
Failure to File Your Case by Its Deadline Could Have It Dismissed
If you fail to file within New York’s statute of limitations or act within other applicable periods of time restriction, you could lose the opportunity to recover the compensation you are entitled to.
The consequences of failing to submit a lawsuit on time will be that you will lose your right to recover any monetary compensation for the injuries you suffered.
To avoid this outcome, you should consult with and retain a New York truck accident law firm as soon as possible so that your attorneys can start building the strongest case possible as soon as possible.
Other Reasons Why You Should Build Your Case Sooner Than Later
Beyond legal factors, there are practical reasons why you should begin building a case as early as possible. These reasons are often tied to retrieving time-sensitive evidence, which, if lost, could put the case at a disadvantage.
For example, the following evidence could be dependent on how soon you act to retrieve it:
- Witness statements: While witnesses are able to provide testimony about how the truck accident occurred, their memories might fade the longer you wait to reach out for a statement as to what they observed. As time passes, their testimony could be considered unreliable if you did not record their statements within a reasonable time after the accident.
- Surveillance footage: Surveillance footage often gets erased after a set time, which could range from a month to a year, depending on the business or residence. You should request this footage as soon as possible to preserve it as evidence for your case.
- Correlation in medical records: When plaintiffs stall with having appropriate medical treatment for their injuries, it becomes harder to tie their injuries to the event they claim caused them. (For example, a person who is badly injured but, “hopes it will just go away”.) Medical records might support your claims about what led to your injuries, but only if you reported these injuries soon after the accident occurred. If you wait too long, the opposing party could argue that other factors unrelated to them caused your injuries.
How do You Prove Fault and Liability for a New York Truck Accident Case?
How Do You Prove Fault and Liability for a New York Truck Accident Case?
We begin by investigating the case to identify the parties responsible for your truck accident and injuries. In truck collision cases, multiple parties could be held liable for a victim’s injuries. This is more common than not in 18-wheeler accident cases. We very rarely hold a truck driver solely legally liable for a collision and the resulting injuries.
For example, one or more of the following entities could have caused or contributed to the accident:
- Truck driver
- Tractor owner
- Trailer owner
- Trucking company
- Freight shipper
- Freight broker
- Truck manufacturer
- Service/maintenance provider
If multiple liable parties exist in your case, then we will have to construct separate case arguments to prove how each party contributed to or caused the accident that led to your injuries.
How We Construct Arguments to Prove Negligence Occurred
There are four main elements of negligence that must be proven, which generally consist of the following:
- The at-fault party had an obligation to protect you from harm.
- The at-fault party failed to uphold their obligation due to reckless, negligent, or careless actions.
- The at-fault party’s negligence caused your accident and injuries.
- You suffered damages, such as medical bills, lost wages, and pain and suffering.
This is the general framework of each argument we will make against a liable party, though they will include different elements. For example, here are two potential arguments against a truck driver and a trucking company:
- The truck driver was under the influence of alcohol when the accident occurred. By consuming alcohol and driving afterward, they violated traffic laws and federal regulations by having a blood alcohol concentration (BAC) level of 0.04 percent or higher. Their intoxication led them to drive recklessly, which caused them to crash into your vehicle and cause you injury.
- The trucking company did not run a background check on the truck driver before hiring them. Had they done so, the company would have known about previous DUI (driving under the influence) offenses in the driver’s record and would not have hired them to transport goods. The accident could have been avoided had it followed proper hiring protocol or conducted routine drug and alcohol tests.
Evidence We Might Include to Support Your Case Argument
Our team conducts investigations into each collision case we handle. Through this process, we identify documents, items, and data we use to strengthen our client’s case. We support our findings of fault and liability using evidence, which might include:
- Police accident reports
- Photographic and video evidence
- Witness statements
- Driver logs
- Safety records
- Maintenance records
- Inspection reports
- Onboard vehicle data
We tailor the work we do to the specific requirements of each case. When indicated, we further support each case using the opinions of qualified safety specialists and other experts.
We have a network of professionals we call on to provide insight and information. As needed, they will also prepare reports as to their expert opinions for our review, submit affidavits that we will use in litigation, and/or testify at trial to support the case we built for compensation.
How Long does a New York Truck Accident Claim Take to Settle?
How Long Does a New York Truck Accident Claim Take to Settle?
How long a truck accident claim or lawsuit takes to settle varies on a case-by-case basis, so there is no general answer to this question.
There are several factors that go into determining how long an accident case takes to reach a settlement. This includes the willingness of the insurance company or liable party to work with us and the time it takes to conclude our investigation.
The Statute of Limitations Lets You Know How Long You Have to Begin Your Case
As previously noted, New York does have a statute of limitations on truck accident cases, set by New York Civil Practice Law & Rules § 214. This statute generally puts a time limit on how long an accident victim has to take a personal injury lawsuit to civil court.
While it is important that truck accident victims act before the statute of limitations expires, this is only one reason why it is important to connect with an attorney as early as possible following a collision. There are also other deadlines to consider, including timelines for gathering compelling evidence before it degrades or disappears.
Requesting Evidence Could Prolong the Process of Building Your Case
After a truck accident, the trucking company often has a lot of key evidence in its possession. Your attorney will send a spoliation letter (a letter that advises the party that some item(s) in their possession may be evidence in a case and directs them not to destroy or otherwise make the item(s) unavailable,) or take other action to preserve and gain access to this evidence. This could include:
- Video from the driver’s dashboard
- Data from the truck’s onboard computer
- Driver rest logs
- The driver’s employee file
- Post-accident drug and alcohol test results
- The driver’s medical records
- The damaged truck or trailer
- Records related to maintenance, cargo load, and other relevant information
Some other types of evidence are also at risk if too much time passes. For example, as discussed above, identifying witnesses and collecting their statements is much easier shortly after an accident. Likewise, video from the driver’s dashboard and surveillance camera footage is often only available for a few days or weeks before being recorded over. Other evidence, such as details about the scene, might change in a matter of hours or days.
The sooner you contact our team, the more time we will have to gather compelling evidence so that we are able to build the strongest possible case on your behalf. You can learn more about how a New York truck accident lawyer from Friedman & Simon, L.L.P., will help you seek justice in your case by reaching out to us as soon as possible after the accident.
Do You Have to Go to Court for a Truck Accident?
Do You Have to Go to Court for a Truck Accident?
In many cases, plaintiffs do not have to go to court to recover damages in their truck accident case in New York. Traffic accident claims often settle out of court, with the victim and their lawyer negotiating a settlement based on the accident-related damages.
To reach this point, the insurer representing the liable party will need to agree that their policyholder is responsible or at least that there is too great a risk that they would be unsuccessful if they take the case to court.
When a New York Truck Accident Case Goes to Court
Not all cases settle without filing a civil lawsuit. If this becomes necessary in your New York truck accident case, our team will begin the process by preparing the appropriate documentation, making proper service of the papers upon the parties we seek to hold legally liable, and seeing to it that all necessary filings are submitted to the court with jurisdiction over the matter.
We will name the liable party (or parties) as the defendant in your lawsuit, taking legal action to try to hold them accountable. This action sometimes triggers renewed negotiations for an out-of-court settlement. The liable party’s insurance company could then make a higher settlement offer and agree to accept responsibility on behalf of their policyholder.
In some cases, going to trial and presenting the case to the judge or a jury is necessary. It could be the only possible way to move forward after an accident. This is true when:
- The insurance company denies the truck driver is responsible.
- The insurer or legal team denies vicarious liability.
- The defendant alleges your actions caused or contributed to the accident.
- The insurer, defendant, or other involved party refuses a payout based on your losses.
If the case does go to court, your attorney will be by your side every step of the way. We will help you understand what to expect, prepare you if you need to testify, and represent your legal interests throughout.
Our trial lawyers will present evidence to demonstrate to the judge and jury that you suffered injuries because of the trucker’s negligence and that their employer and/or other parties are liable under New York law.
We Will Support You Throughout Your Legal Journey
It is not unusual for injury victims, even though they have been wronged, to feel anxious and reluctant to testify in court. However, we have had many clients share with us that after we prepared them and they moved forward with their case, it was much easier than they anticipated. Many actually find relief, satisfaction, vindication, and catharsis in being able to share their story with the jury.
We aim to provide you with the best possible guidance throughout your legal journey, which possibly includes receiving advice on:
- Whether you should accept a settlement offer based on how appropriate it is to you and the degree to which it will address your post-accident financial needs
- Whether you should file a lawsuit and take the case to court
Should you have additional concerns, our team is available to provide you with information, solutions, comfort, and support in your time of need.
Who Can Be Sued in a New York Truck Accident Case?
Who Can Be Sued in a New York Truck Accident Case?
When a truck driver causes a traffic accident in New York while driving their big rig, their employer could be held vicariously liable for their negligence behind the wheel.
Respondeat Superior Rule
The common law rule known as “respondeat superior” means an employer could be held liable for any negligent, injury-causing actions of an employee when they are working. This means we will need to show that the driver was working for their employer and doing their job—in this case, driving a truck—at the time of the collision.
The negligent driver’s employer could also be responsible for the losses suffered by accident victims in other ways. This could include:
- Negligent hiring: Hiring a driver who lacks training or has a poor driving record, a history of drunk or drugged driving, or other issues might be considered negligent.
- Negligent retention: Keeping a driver on staff without taking steps to retrain, remedy, or put them in a different line of work after a problem develops could be negligence. These issues could include careless or reckless driving, repeated traffic violations, alcohol or drug abuse, or other concerns about their employment or driving abilities.
Other Potentially Liable Parties
In some cases, it is not the truck driver who caused the accident. Sometimes, other issues will make it seem like the trucker acted negligently until the investigation uncovers another at-fault party.
Other potentially liable parties in a truck accident case could include:
- The maintenance worker or company that last worked on the truck if improper or negligent maintenance led to a vehicle malfunction
- The truck’s manufacturer or a parts manufacturer if a vehicle malfunction occurred because of a faulty part or design
- A municipality if poor road conditions led to the accident and should have been remedied beforehand by the governing entity
- A third-party driver if the truck accident involved multiple vehicles, which is common in pile-up accidents
What Can I Do to Protect My Rights After a Truck Accident?
What Can I Do to Protect My Rights After a Truck Accident?
Under New York law, victims of negligence in accidents often have the right to hold the legally liable party responsible and seek compensation based on the facts of their case. You are able to take several steps to protect your rights and give yourself an opportunity to prove the case and seek financial recovery.
Hire a Lawyer from Our Team to Help You Build Your Case
One important step, we believe, is to enlist help from a truck accident lawyer as quickly as possible. At Friedman & Simon, L.L.P., our team encourages you to reach out to us as early as your injuries will allow.
If your injuries prevent you from traveling, we will meet with you anywhere on Long Island or in the greater NYC metropolitan area.
When you enlist our help right away, we will go ahead and get started if we believe our services will help you.
Let Our Team Handle Communications on Your Behalf to Protect Your Case
One of the first steps a New York truck accident lawyer will take is to begin handling all communication related to your case. As your lawyers, your best interests are of paramount importance to us. However, the at-fault or otherwise legally liable parties, their insurance companies, and their defense lawyers have only their own interests at heart.
They are frequently “wolves in sheep’s clothing,” when they address injured parties. They may act nice and friendly and caring, but they are carefully trying to get information from you that they can present out of context, twist, and distort. Their goal is to pay you nothing or as little as they can.
By letting us handle all such communications you will be relieved of the stress and able to focus on your treatment and healing, you will also ensure that the insurance companies involved or the at-fault party’s defense lawyers cannot use your words against you to weaken the case. This could occur if you try to give the insurance adjusters or claim examiners statements about the accident on your own.
Gather Information to Prove Your Case
Unless your injuries prevent you from doing so, write down or record the names and contact information of everyone involved in the accident and any witnesses.
Take as many pictures as possible, both up close and at a distance. Make a note of any nearby businesses, traffic cameras, or other information. Keep it together in a file to give to your lawyer later.
Get Appropriate Medical Care
Your top priority should be your safety and well-being. We advise that you receive appropriate medical care based on your condition.
Significant injuries could call for an ambulance ride to the nearest emergency department or a trauma center, while mild injuries could require a quick visit to a family doctor or urgent care to rule out anything serious and clean any less severe wounds and lacerations.
Document Your Experience
Once your injuries are stable and you have a little time, we recommend documenting the experience by writing down your account of what happened or recording a voice memo or video.
Then, keep an ongoing journal or other simple documentation of your pain, the activities you missed, time away from work, and other accident-related losses. This could help you identify accident-related damages later.
Read About Our Passion for Obtaining Compensation for Injury Victims
Every client we represent is a priority for our entire team. Clients we have represented in the past recommend us to others and leave online reviews like the following:
- Tanji Canty: They took care of my case…I was treated with respect for my injury, and they made sure I received a top settlement. Even after the settlement, they have reached out to me to make sure I was alright. They should be your first choice without question. So thankful.
- Darrell Best: My case was a 2-part case meaning we had to sue 2 insurance companies. Normally this would have taken several years to settle, but they were very persistent and dedicated to getting results! I strongly recommend this law firm to strangers, family, and friends…Thank you, very much, Friedman and Simon.
Read additional reviews from satisfied clients on our testimonials page and see why they leave us five-star reviews and why you can trust us to fight for you.
Our Fee Agreement Means You do Not Have to Wait to Get Started
At Friedman & Simon, L.L.P., we understand how costly and frustrating the days and weeks after a truck accident can be — especially when your injuries prevent you from working at the same time that they cause you to incur a plethora of medical expenses.
Getting our personal injury law firm behind you does not have to add to the financial hardship created by your accident and injuries. To ensure you can get the legal guidance and support you need, we will represent you on a contingency-fee-basis by doing all the following at no upfront our out-of-pocket costs to you:
- Conduct a thorough investigation into the cause of your accident
- Search for, obtain, and organize evidence that supports your case
- Locate and interview lay and expert witnesses on your behalf
- Handle all case-related verbal, written, and electronic communication
- Negotiate a favorable settlement or represent your case at trial
In addition, our fee structure means you can start your pursuit of compensation without delay and avoid costly non-compliance with the statute of limitations.
Our Recent Truck Accident Case History
We cannot know the monetary value of your case until we delve into its details. We do know that no two truck accident cases will have the same outcome as every client we represent has a unique set of recoverable damages. Our history of damages recovered for truck accident cases includes the following financial awards:
- $1,000,000.00 for a worker unloading a van who suffered a severe back injury when the host van was struck by a truck.
- $650,000 for a woman who was diagnosed with neck and shoulder injuries when a truck driver made a dangerous left turn in front of her car
We never stop fighting for the clients we represent. Find additional examples of settlements and trial verdicts that have led to financial awards for our clients on our case results page.
Start Your Free Case Review Today
To help you explore your options for pursuing legal action for a truck accident in New York, Friedman & Simon, L.L.P., offers a no-cost, no-obligation legal consultation. We do not collect attorney’s fees unless and until we recover compensation for your injuries and other damages.
Contact us for a free case evaluation. We look forward to meeting you and seeing how our truck accident lawyers are able to help you recover the compensation you deserve. Our team will also assist you in several languages, including English, Greek, Spanish, Bengali, Tamil, and Kannada.
Call or text 516-932-0400 or complete a Free Case Evaluation form