Commercial truck accidents can have devastating consequences, especially when they involve smaller vehicles or pedestrians. In a city with as much traffic as New York City, large trucks pose a serious risk if the truck driver or trucking company is negligent in any way. Turn to a New York City truck accident lawyer at The Perecman Firm, for guidance if you or a loved one suffered injuries in a collision with a large truck. Our attorneys will help you understand your legal options. We will put our experience to work on your behalf.
For more than four decades, the experienced truck accident attorneys at The Perecman Firm, have fought on behalf of accident victims. When New Yorkers have had their lives disrupted by a serious injury caused by someone else's negligence, we seek the just compensation our clients need to move forward with their lives. Our attorneys have successfully handled more cases during their time at our law firm than many personal injury attorneys have handled in their entire careers.
If you or a loved one were injured in a semi-truck accident in New York City, reach out to The Perecman Firm, today for a free case review. An experienced New York truck accident lawyer can help you understand your rights and what to expect while pursuing a truck accident claim.
NO FEES
UNLESS WE WIN YOUR CASE
Should I Accept the First Offer from the Insurance Company After a NYC Truck Accident?
No, you should never accept the first settlement offer from an insurance company after you or a loved one has been injured in an NYC truck accident without first consulting an attorney. This is especially true if you or someone you love were involved in a serious truck accident. Here's why:
Insurance companies are in business to make money, and they do so by minimizing the amount they pay out on claims. Their initial settlement offer is often far below the true value of your case. They hope you'll accept a quick, lowball offer before you understand the full extent of your damages and your legal rights.
Many truck accident injuries, such as traumatic brain injuries or spinal cord damage, have long-lasting or even permanent effects. You may require extensive medical treatment, rehabilitation, and time off work - now and in the future. The first offer from the insurance company rarely accounts for your future damages.
By accepting an offer without legal representation, you may be signing away your right to seek further compensation later on, even if your condition worsens. Once you accept a settlement, the insurance company is no longer liable for your injuries.
An experienced New York City truck accident attorney can properly value your claim, accounting for all your current and future damages. They can negotiate with the insurance company on your behalf to fight for a fair settlement. If a fair agreement can't be reached, your lawyer can take your case to trial.
Before accepting any offer, always consult a skilled truck accident lawyer who can protect your interests and help you pursue the maximum compensation you're owed. Remember, the insurance company has its own best interests in mind, not yours.
Do I Have a Truck Accident Case?
Most personal injury claims, including those involving truck accidents, are based on the legal concept of negligence. In order to have a successful truck accident case in New York City, your lawyer must establish the following four key elements of negligence:
- Duty of Care: The truck driver, trucking company, or other parties had a legal obligation to act reasonably safely to avoid harming others on the road.
- Breach of Duty: The responsible parties failed to uphold this duty of care through their actions or failure to act. Examples could include the truck driver speeding, driving while fatigued, or the trucking company failing to properly maintain the vehicle.
- Causation: The breach of duty directly caused the accident that led to your injuries. You must demonstrate that the accident would not have occurred if not for the negligent actions of the responsible parties.
- Damages: You suffered actual damages from the accident, such as bodily injuries, property damage, medical expenses, lost wages, pain and suffering, etc. Thorough documentation of your losses is essential.
If you believe these elements of negligence exist in your case, you likely have grounds for a truck accident claim. An experienced New York City truck accident lawyer can review the specifics of your situation and advise you on the best path forward to seek the compensation you deserve. Your attorney can build a strong case on your behalf with their knowledge of the complex state and federal regulations governing the trucking industry.
What Makes Truck Accident Claims More Complicated?
People injured in an automobile accident in NYC may turn to their own Personal Injury Protection policy to cover their medical expenses and lost income and resolve the claim. However, accidents involving large trucks often cause more serious injuries and medical expenses that may exceed the limits of the PIP insurance benefits. A person injured in a commercial truck accident may need to file a claim against the truck driver's liability insurance. However, commercial truck accident claims often produce complex issues of liability.
They are more complicated than other motor vehicle accident claims to resolve for several reasons:
- Truck accidents may involve more than one liable party. Multiple companies operate commercial trucks, including trucking companies, cargo loading companies, and fleet maintenance garages.
- Truck accident victims tend to suffer more serious injuries and have higher medical bills. Semi-truck accident cases are higher-value cases.
- Commercial truck drivers and trucking companies are required to maintain higher amounts of liability insurance because of the harm that large trucks can cause. More money is often at stake, and insurance companies will fight hard to limit their liability.
- Due to the regulated nature of the trucking industry, truck accident cases can involve more evidence. Trucking companies are required to keep extensive records.
- Trucking companies can have layered insurance policies or complex corporate structures, making it harder to determine the financial resources available to compensate truck crash victims.
If you have been seriously injured in a truck accident, you will need the representation of personal injury lawyers with extensive experience investigating truck accidents and dealing with their insurance providers.
Why Choose Our Firm to Handle Your Truck Accident Case?
If you or someone you love has been injured in a collision with a big rig, you may understand that an experienced truck accident lawyer will give you the best chance of pursuing maximum compensation for your injuries and losses. However, you may be uncertain about how to select a truck accident law firm.
The truck accident lawyers at The Perecman Firm, believe that our strong record of handling complex personal injury cases underscores our law firm's experience and qualifications to handle your 18-wheeler accident case.
Choose our firm because of the following:
- Our record includes recovering more than half a billion dollars for clients our firm has represented. No specific outcome can be guaranteed, but legal experience matters.
- Our firm's 40-plus years of legal experience include participation in landmark cases that have significantly changed New York law to benefit accident victims.
- Our attorneys' courtroom experience when litigation is necessary to serve our clients' best interests.
- Our reputation among our legal peers is demonstrated by many attorneys turning to us for help with complex cases.
- Our full-service approach to assisting our clients allows you to focus on your recovery while we seek to secure the maximum compensation possible in your case.
Our Proven Approach:
EVIDENCE WE MAY USE IN A TRUCK ACCIDENT CLAIM
Our firm relies on multiple types of evidence to determine who caused an accident and to identify who may have liability for your medical expenses and related losses. The types of evidence that we may use to build a truck accident claim include:
- The police report
- Surveillance camera footage
- Logs from the truck’s electronic data recorder
- The truck driver’s logs
- The freight manifest
- Dispatch logs from the trucking company
- The results of drug/alcohol screens performed on the truck driver after the crash
- The truck driver’s employment and driving history
- Inspection and maintenance records for the truck
- Accident scene photos and video
- Accident reconstruction expert opinions
- Mechanical or automotive engineering expert opinions
- Medical records from your treatment
- Medical and vocational testimony to explain the extent of your injuries/disabilities and lost earning capacity
Demanding Full Compensation in a Truck Accident Claim
If you have been seriously injured in a commercial truck accident through no fault of your own, you may need to pursue a personal injury claim to seek full compensation for your expenses and losses. When filing a truck accident claim, you may seek compensation for:
- Costs of medical treatment and rehabilitation
- Long-term care expenses to help you if you have permanent disabilities
- Loss of income from missed work after the accident
- Loss of future earnings and employment benefits if you are permanently disabled
- Physical pain and emotional distress
- Loss of quality of life due to disability, disfigurement, or reduced life expectancy
- Repair bills for your vehicle or reimbursement of the cash value of your vehicle if it was totaled
How Long Do I Have to File a Truck Accident Lawsuit in New York?
After a truck accident in New York City, you have limited time to file a lawsuit and seek compensation from the parties liable for your injuries and losses. New York’s statute of limitations allows you to file suit three years from the date of a truck accident. If you file a lawsuit after the limitations period has passed, your case may be permanently dismissed by the court without consideration of the merits of your claim. Speak with an NYC truck accident attorney as soon as possible to investigate and prepare your case.
Common Causes of New York Truck Accidents
Frequent causes of truck accidents in New York City include:
- Speeding
- Following too closely
- Reckless driving, including swerving in and out of traffic
- Distracted driving
- Drowsy driving
- Drunk or drugged driving
- Improper lane changes
- Failure to check mirrors and blind spots
- Failure to signal before turning or changing lanes
- Running red lights or stop signs
- Disregarding other traffic controls
- Failure to yield the right of way
- Unsafe cargo loads
- Failing to secure a load to prevent shifting during travel
- Inadequate vehicle inspections and maintenance
- Defects in the truck causing issues such as tire blowouts or brake failure
Catastrophic Injuries Caused by Truck Accidents
Semi-truck accident victims are subjected to violent physical forces in a collision. These forces can cause life-altering injuries for accident victims, such as:
- Broken bones
- Burns from vehicle fires
- Torn soft tissues
- Internal injuries and bleeding
- Spine and spinal cord injuries and paralysis
- Traumatic brain injuries
- Facial injuries and scarring
- Loss of hearing or sight
- Amputation
Who Can Be Held Liable for a Truck Accident?
Most car accidents occur because of an error by one of the drivers involved. Commercial truck accidents are more complicated. Multiple parties are involved in the operation of a tractor-trailer and may share liability after a truck crash.
Examples of the parties that may have liability for an 18-wheeler accident in NYC include:
- The truck driver
- The trucking company
- The owner of the truck
- The trailer owner
- The cargo or freight broker that loads the truck
- The truck’s manufacturer
- Third-party manufacturers of auto parts used on the truck
- Third-party mechanics who perform maintenance and repairs on the truck
How Our New York City Truck Accident Lawyers Can Help
While you focus on recovering your health, let the NYC commercial truck accident lawyers of The Perecman Firm, P.L.L.C., help you seek just compensation for your accident-related losses. Our attorneys are ready to:
Investigating Your Case
We will thoroughly investigate the circumstances of your accident, gathering evidence such as police reports, witness statements, truck maintenance records, and the truck’s GPS data and “black box” information. This investigation is crucial for determining liability and building a strong case.
Identifying All Liable Parties
Truck accident cases are often complex, with multiple parties potentially sharing fault. We will identify all liable parties, which may include the truck driver, trucking company, cargo loaders, manufacturers, and more, to ensure you can seek compensation from every responsible entity.
Calculating Your Damages
We will comprehensively assess your damages, including current and future medical expenses, lost wages, diminished earning potential, pain and suffering, and more. This ensures we pursue a settlement or award that fully accounts for all your losses.
Handling Communication and Negotiation
We will handle all communication with the insurance companies and other parties’ lawyers so you can focus on your recovery. Our skilled negotiators will advocate for a fair settlement on your behalf.
Representing You in Court
If a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our experienced trial attorneys will vigorously argue your case in court to pursue the maximum compensation you deserve.
Navigating Legal Complexities
Truck accident claims involve complex state and federal regulations, trucking industry standards, and complicated legal doctrines like vicarious liability. We have the knowledge and experience to navigate these intricacies and build a compelling case.
Providing Support and Guidance
We understand the physical, emotional, and financial toll a serious truck accident can take. We will be by your side throughout the legal process, providing the support, guidance, and advocacy you need during this challenging time.
Contact a New York City Truck Accident Lawyer Near You
Don’t delay contacting an experienced New York City personal injury lawyer to help you understand your legal rights after a serious accident. Contact The Perecman Firm, P.L.L.C., today for a free, no-obligation consultation. We can discuss how our attorneys can assist you in holding the trucking company accountable and seeking the money you need to recover your injuries.