CALL US NOW
EMAIL US NOWNY Truck Accident Attorneys
In 2022, over 17,000 truck accidents occurred across New York. These accidents led to 118 deaths and thousands of injuries. Truck accident injuries are often severe and have life-changing consequences.
Greenspan & Greenspan Injury Lawyers can help fight for your rights if you are the victim of a truck crash. Our personal injury firm has over 30 years of experience helping New Yorkers get fair compensation for their injuries. Contact us today to discuss your case with a New York truck accident lawyer.
Your Rights After a Truck Accident
Under New York negligence laws, you have the legal right to seek compensation after a crash. Negligence is the failure to act with the care a reasonable person would exercise. In simpler terms, it means the truck driver or company didn’t do what they should have to keep you safe.
To prove negligence in a truck accident case, your commercial truck accident lawyer will need to establish the following elements:
- Duty of care. The liable party owed you a duty to act safely while the truck was on the road.
- Breach of duty. The at-fault party’s action or inaction breached this duty and put you at risk.
- Causation. The breach of duty directly caused your accident and injuries.
- Damages. You suffered damages from the accident, such as physical injuries, financial losses, or emotional harm.
If you can prove these elements, you may have the right to seek compensation from the liable party for your losses. Call our office to speak with an 18-wheeler accident attorney and see how we can help.
Truck accidents can be devastating and complex. You and your family do not have to navigate this time alone. Our New York truck accident lawyers will handle all of the legal matters around your case so you can focus on recovery. Contact us today for a free consultation.
Common Causes of Truck Accidents
Truck accidents happen for a host of reasons. Some of the most common causes include:
- Driver fatigue. Truck drivers often work long hours with strict deadlines, leading to fatigue. Drowsy driving impairs judgment and slows reaction times.
- Distracted driving: Texting, eating, or using GPS devices can distract a driver from the road and increase the risk of an accident.
- Speeding. Speeding factors into 29% of all traffic accidents. A speeding truck is harder to control and usually increases the severity of a crash.
- Improper maintenance. Trucks require regular upkeep, but some companies fail to make the proper repairs. Brake failures, tire blowouts, or other mechanical issues can cause devastating accidents.
- Overloaded or improperly secured cargo. If a truck’s cargo is too heavy or not properly secured, it can shift during transport, causing it to lose control.
- Aggressive driving. Tailgating, weaving in and out of traffic, or making unsafe lane changes significantly increase the risk of an accident.
- Driving under the influence. Driving after using alcohol or drugs is dangerous for any driver, but especially so for those operating large commercial vehicles.
Proving these causes is difficult, especially if the truck driver or trucking company tries to hide evidence. Greenspan & Greenspan is ready to investigate your crash and determine its true cause.
Who Is Liable for Your Injuries?
Determining who is responsible for your injuries can be a complicated legal puzzle. Depending on the circumstance, several parties can be at fault. After an extensive investigation, your New York truck accident lawyer may recommend pursuing the following parties.
Truck Driver
Truck drivers must operate their vehicles safely. If they fail to do so, they could be liable for the accident. Many drivers will try to escape liability by blaming their employer, but our firm always holds them accountable for any unsafe choices they make behind the wheel.
Trucking Company
Trucking companies are liable for their drivers’ actions while on the road. They can also be liable if they pressure drivers to violate safety regulations or negligently hire unqualified drivers. Moreover, these companies must ensure all vehicles are roadworthy before allowing a driver to haul a load.
Cargo Loading Companies
Even when the driver and the trucking company take other necessary precautions, an improperly loaded truck can spell disaster. Companies responsible for loading and securing cargo on trucks must do so correctly. If overloaded or improperly loaded cargo causes an accident, the cargo loading company could share liability.
How We Can Help
Truck accident cases are complex, and you only have one chance at seeking compensation. You need experienced legal representation to protect your rights and fight for a fair settlement. Here’s how Greenspan & Greenspan Injury Lawyers will handle your case.
Investigate the Accident
We’ll launch a thorough investigation to uncover the cause of the accident and identify all potentially liable parties. This step might involve reviewing police reports, gathering witness statements, and reviewing company records. Your New York truck accident attorney may also consult with accident reconstruction experts whose testimony can support your claim.
Handle Communication with Insurance Companies
Insurance companies are motivated to protect their bottom line. They might try to offer you a quick settlement or even deny your claim altogether. We’ll handle all communications with insurance companies on your behalf, protecting you from aggressive tactics and unfair settlements. As always, we will never agree to a settlement without your approval.
Fight for You in Court
If the insurance companies refuse to offer a fair settlement, we’re prepared to take your case to trial. An experienced semi-truck accident lawyer will represent you in court and fight for the justice you deserve. While a settlement is often preferable, we are not afraid to take the fight to the courtroom if that is what is needed to secure the results you deserve.
Possible Compensation You Can Recover
Compensation can help replace your losses and assist with your recovery after the crash. Here are some of the main types of damages that might be recoverable in your truck accident case:
- Medical expenses. These include all treatment costs, such as hospital stays, surgeries, and medication. Your settlement can also pay for ongoing care, such as physical therapy and counseling.
- Lost wages. If you missed work due to your injuries, you may be able to recover compensation for your lost income. These funds also address the loss of future earning capacity if your injuries leave you unable to return to your previous job.
- Pain and suffering. Truck accidents can cause significant physical and emotional pain. You may be entitled to compensation for the physical discomfort, emotional distress, and reduced quality of life caused by your injuries.
- Property damage. Unlike some firms, Greenspan & Greenspan Injury Lawyers go the extra mile to achieve sizable settlements to replace or repair damaged property. These losses include your vehicle, personal items, medical equipment, and anything else damaged in the crash.
- Wrongful death. In the tragic event that you have lost a loved one in a truck accident, you may be able to file a wrongful death claim to seek compensation for what are known as “pecuniary injuries” they may include loss of support and services such as cooking, cleaning, driving, measured by the cost of hiring people to replace those services, they also include funeral expenses, lost wages and other damages.
The amount of compensation you can recover will depend on the specific circumstances of your case. An experienced big rig accident lawyer can evaluate your case and help you understand the potential value of your claim.
Speak with a New York Truck Accident Lawyer
Greenspan & Greenspan Injury Lawyers is ready to fight for the compensation you deserve. Our law firm has over three decades of experience representing injured people. We handle complex truck accident cases in New York. We understand your challenges and know what it takes to get results.
Contact us today to schedule a free consultation to discuss your legal options.
