NYC Truck Accident Lawyer
A wreck involving a commercial truck can devastate your life and finances just as easily as it did your health. Find out if you can get compensated for what you’ve endured by speaking with an NYC truck accident lawyer.
Being involved in a wreck with an 18-wheeler or other large commercial vehicle often means suffering horrible injuries to your person and massive damage to your vehicle. The sheer size and weight of these trucks all but guarantees this, and the violent and chaotic nature of these crashes often leaves victims emotionally traumatized.
If you were hurt in a crash with a semi-truck, you’re almost certainly faced with a large number of bills and other losses, without knowing what you should do next. Your insurance might pick up some of the costs, but how do you know if they’re really paying what they should be? And what do you do if your own policy limits are exceeded?
Solving these problems can be made simpler by consulting with an NYC truck accident lawyer from Greenstein & Milbauer, LLP. We can tell you what your case is worth and explain your options to you, in addition to shouldering the burden of the legal challenges so that you can focus on your recovery.
Dealing with New York No-Fault Auto Insurance After a Semi-Truck Crash
Because New York is a no-fault state for car insurance, your initial medical bills and a percentage of any lost wages should be covered by your own policy regardless of who actually caused the crash. The problem here is twofold: For one, even your own insurance will try to pay you as little as possible, and second, it’s rare for a no-fault policy to cover all of your losses.
For example, many policies don’t cover damage done to your vehicle. They also won’t cover non-economic losses, such as pain and suffering and decreased quality of life. Getting a settlement for your 18-wheeler accident often means filing a personal injury lawsuit against the party responsible for the wreck.
In New York, you can file a personal injury claim as long as your injuries include either disfigurement or a bone fracture or have led to limited use of a body part or limited bodily function. You can also sue if you’ve been fully disabled for at least ninety days. If you want to know if you can file, an NYC truck accident lawyer from our firm can evaluate your case and inform you of whether you have grounds to sue.
What Does Negligence Mean in Truck Accident Cases?
When you’re preparing for your truck accident claim, you may be unsure what negligence means. Without the right information and direction, it’s easy to be unsure how to prove negligence.
Negligence covers the lack of care extended by other drivers, especially when that lack of care resulted in an accident for our clients. Because of the negligence of one driver, other drivers may have suffered serious injuries. That breach of their duty to the safety of other parties on the road is a key thing to prove in cases against trucking companies.
Struggling to prove negligence? Our lawyers have worked with many clients on cases like yours, and we’re ready to help you get the evidence and information you need for your claim.
Serious Injuries and 18-Wheeler Wrecks
While they aren’t the only thing, the injuries you suffer will have the single greatest impact on how much compensation you could receive. Your injury’s type and extent will determine what kind of medical care you need, how long your recovery will take, and how your quality of life will be affected.
These are just a few of the crash injuries your NYC truck accident lawyer will have experience handling claims for:
- Brain Injuries – A head injury can deteriorate rapidly, affecting your ability to work and just live a normal life. Expensive, long-term medical care is often required.
- Spine Injuries – Commercial truck wrecks often result in devastating neck and back injuries, sometimes resulting in paralysis. Not only will you need substantial medical care, but you’ll also require physical therapy and special medical equipment.
- Broken Bones – Easily some of the most common injuries, any bone injury—whether a bone fracture or a crushed bone that requires pins and plates—can interfere with your quality of life and ability to work while it heals.
- Facial Injuries – Any damage done to your face and eyes has the potential to result in permanent disfigurement or loss of senses, which will affect your private life in deeply personal ways.
Getting FULL Compensation for Your Truck Accident
While the truck crash and the injuries are bad enough, in some ways, getting a fair settlement can be the hardest part of the entire process. The insurance and at-fault party’s attorneys are going to be most interested in underpaying you, so it’s essential to make certain that everything that could be included in your settlement actually is included in your settlement.
Your NYC truck accident lawyer will work closely with you and your healthcare providers to identify all of the ways that your injuries will affect your finances and quality of life. These are just a few of the factors that will need to be considered:
- Medical expenses, both current and future
- Costs for emotional and physical therapy, as well as any mobility equipment
- Home renovations to accommodate a disability
- Property and vehicle damage
- Lost wages and income
- Pain and suffering
- Lost enjoyment of life
Determining Fault for an 18-Wheeler Accident
In order to file a personal injury suit, you’ll also need to identify everyone who was involved in causing your accident. By naming all at-fault parties, you can maximize your potential financial compensation. This is a complicated process, however, as recognizing and even just finding the necessary evidence can be a difficult task to complete.
- Speeding
- Distracted driving
- Aggressive driving
- Fatigued driving
- Severe weather
- Road construction
- Overloading Cargo
- Brake/vehicle failure
- Driving under the influence
- Poor lighting / blind spots
- Driver inexperience
- Failure to obey traffic rules
- Poor judgment
An NYC truck accident lawyer from our firm will have the experience necessary and will also have access to our substantial investigative resources. Every element that played a role in your commercial truck crash will need to be identified and proven.
For example, if a drowsy or distracted truck driver was responsible for the crash, we may need to investigate rest logs or request cell phone records from the driver’s carrier. Similarly, if the driver had a history of crashes, the trucking company might be at fault for negligent hiring. Even a parts manufacturer might be to blame if defective equipment or tires were to blame.
NYC Truck Accident FAQ
Worried about the laws and details surrounding your New York City truck accident? Our lawyers have the answers you need. Check out our frequently asked questions below, or turn to a lawyer now for the answers you need about your truck accident.
How long do I have to file a trucking accident claim?
When you’re hurt in a New York truck accident, you only have three years to file a claim. New York laws state that, if you don’t act within these three years, your claim may be dismissed, and you’ll be barred from compensation. Seek out legal representation, so you can act quickly.
Will the insurance company offer a fair settlement?
Insurance companies are supposed to offer fair settlements, but they may be more concerned about profits, not your health. Protect your rights to compensation by contacting an attorney before you accept any settlements.
What if other people were injured in the collision?
Large trucking accidents may lead to severe injuries for multiple people. Other drivers may be involved, or you may have had passengers in your car. If your trucking accident resulted in multiple injuries, all injured parties may have grounds for compensation. Talk to our lawyers about your case before you sue.
What if I can’t afford a lawyer?
Here’s the good news—our lawyers aren’t paid on an hourly basis. We’re paid based on an agreed-upon amount from your truck accident settlement. That means you don’t have to pay out of pocket, and you don’t have to pay if we don’t win.
What are some common causes of trucking accidents?
Many different factors can cause a serious accident, from defective auto parts to drowsy drivers or drivers who operate their trucks recklessly. If you’re not sure what caused your injuries, your lawyer can help you determine the cause before you go to court.
Contact a New York City Truck Accident Lawyer
Whether your semi-truck crash involved a jackknife, a lost load, or a swinging turn, you deserve the settlement you need to pay for a full recovery. The insurance company will try to make you a victim a second time by underpaying you, but you don’t have to accept their offer.
At Greenstein & Milbauer, LLP, we know traffic accident law and can help you get the best outcome possible for your case. To schedule a time to meet with an NYC truck accident lawyer for a free, no-obligation consultation, give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below.