Fighting For You To Get The Compensation You Deserve
Because of the huge size and weight of commercial trucks, accidents involving these vehicles tend to result in severe, catastrophic injuries. The shock, expense, and dramatically changed life circumstances after a truck accident can be jarring to say the least. If you or someone you love has been hurt in a truck accident, you need a devoted legal advocate on your side who will fight to get you the maximum possible compensation.
At Davidoff Law, our Queens truck accident attorneys have extensive experience with personal injury cases of this sort, and we are ready to help you navigate the often-difficult process of filing a truck accident claim.
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How To Evaluate The Damage After A Truck Accident?
Truck accidents can cause severe injuries, including head and back injury, paralysis, fractures and even death. If you or a loved one has been injured in a truck accident, it's important to get a comprehensive understanding of both the short- and long-term impact of the injuries. This includes physical limitations, as well as lost wages and ongoing medical costs associated with rehabilitation, pain management, and other related expenses.
Our Queens truck accident attorneys stay committed to your case every step of the way to help secure every possible source of compensation for your injuries.
What Are The Common Causes Of Truck Accidents?
Truck accidents can happen for many reasons. Mechanical failure, driver fatigue, and a lack of training, for example, can all lead to tragic accidents. Sometimes the driver of the car can also bear some responsibility for the crash. For example, a driver may have merged in front of a truck without signaling, or have been driving in a truck's blind spot when it merged.
Some of the most common causes of truck accidents involve:
- Distracted driving
- Driving while intoxicated/drunk driving
- Fatigued driving
- Speeding
- Failure to follow traffic laws
- Failure to yield the right-of-way
- Hours-of-service violations
- Improper truck maintenance
- Pressure from trucking companies to meet unrealistic quotas/deadlines
- Failure to conduct background checks on truck drivers
- Lack of adequate supervision
- Defective trucks/truck parts (tires, brakes, etc.)
- Defective or dangerous road construction/design
- Unsafe weather/driving conditions
However, your accident happened, we understand the trauma you have experienced and the expense you likely now endure because of the accident. Our Queens truck accident lawyers investigate each accident to determine the balance of fault and pursue every available source of compensation.
Who Is Liable For Truck Accidents?
One of the things that often makes truck accident claims so much more complex than typical car accident and motorcycle accident claims is the issue of liability. While a truck driver may have been the one who caused the accident, he or she may not be the only—or even the primary—liable party.
Because truck drivers are typically on duty while driving, their actions and behavior in many circumstances are the responsibility of their employers. As such, trucking companies themselves may be liable for an accident. For example, if a truck driver forged his meal and rest breaks in his driver’s log, leading him to drive fatigued and cause an accident, but it is discovered that the trucking company was aware of or should have been aware of this behavior but turned a blind eye to it, the trucking company could be held liable for the accident. Similarly, if a truck driver causes a drunk driving accident and it is discovered that the trucking company hired her even though she had a history of DWI arrests, the trucking company could be liable.
Additionally, liability may fall to another person or party, such as the manufacturer of a defective truck tire or the supervisor who failed to ensure that truck drivers were performing adequate truck maintenance. Liability for an accident could also lay with the construction company responsible for a defective roadway or the person who failed to properly repair a reported problem with a truck.
As you can see, these cases can become very complicated very quickly. It’s important that you work with an experienced truck accident attorney in New York City who understands the laws, the process, and how these apply to your case.
Get The Help You Need From Our Legal Team
The aftermath of a truck accident can be disorienting and incredibly devastating for victims and entire families. Our Queens truck accident attorneys in Queens are here to guide you to stability. In the face of an uncertain future, it may be a relief to know that we work on contingency, which means you don't owe us a cent until we get the compensation you deserve for your truck accident case.
Frequently Asked Questions About Truck Accidents
How much does a truck accident attorney in New York City cost?
Hiring a truck accident attorney from our firm is an essentially risk-free process. We do not charge anything for our initial consultations, so you can learn more about your legal options without paying anything. We offer contingency fee agreements for our services, too, which means we do not get paid attorney fees unless your case ends with you receiving a settlement or award. Also, contingency fee payments are equal to a percentage of your settlement or award, so you will never owe more than you can afford.
Are there other fees involved in a lawsuit?
Complex truck accident cases require expert witnesses, in-depth investigations, and other advanced processes to build a convincing argument for the plaintiff. We would be happy to discuss the associated fees and how they can be paid. Our attorneys will tell you ahead of time if we think any of these additional processes are needed and get your approval.
How much compensation can I receive after a truck accident?
The compensation that you can receive after being in a truck accident depends on the extent of your injuries, lost wages, and pain and suffering. Insurance caps will also limit how much compensation you can expect in an average claim. All of these factors mean that predicting the compensation owed to you, no less what you will receive at the end of your case, is not really possible until your case has had time to develop.
How long do truck accident cases take to settle?
The same factors that can increase or decrease the value of your truck accident case can also speed up its timeline or slow it down. A straightforward case with little resistance from the trucking company or insurance provider could take about 6 months before a settlement check reaches the claimant. On the other hand, if liability is contested, as it often is in truck accident cases, a settlement might not be seen for a year or longer. The one constant is that our attorneys will do everything they can to get you a fair case result with as few delays as possible.
Should I give a statement to the trucking company’s insurance adjuster?
No, you don’t owe a statement to the trucking company’s insurance provider after being in a crash, not right away, anyway. Do not tell them anything about the accident when they first contact you. Instead, inform them that they will hear from your attorney shortly, who will be willing to discuss what happened, i.e., what the truck driver did to cause the crash.
What if I was partially at fault for the truck accident?
You are not automatically barred from filing a truck accident claim just because your own mistakes contributed to the crash. In New York, the state’s comparative negligence law allows anyone who is 50% liable or less for an accident to file a claim against other liable parties. One of our goals when we are your Queens truck accident attorneys will be to use convincing evidence to reduce your liability as much as possible. Ideally, you will be found to be 0% liable, which allows you to seek 100% of your damages.
