New York Truck Accident Lawyer
Trucking is a dangerous industry with many inherent hazards. Negligent drivers, long hours on the road, and poor fleet maintenance can all cause truck accidents. In 2018, the Federal Motor Carrier Safety Administration recorded 4,862 fatal accidents in the US involving commercial trucks. If you or a loved one has been injured in a truck accident in New York, contact our attorneys at Fiedler Deutsch, LLP for a free consultation.
Why Hire Our Truck Accident Lawyers in New York?
- We have an excellent reputation derived from 50 years of legal experience. Our attorneys have a keen understanding of what you and your case need.
- We have accomplished outstanding results for our clients through nationally recognized experts, hardworking attorneys and a relentless work ethic.
- We have relationships with judges, defense firms, and experts that allow us to move cases more quickly than other firms and achieve top results.
Common Reasons for a Truck Accident
Most accidents in the trucking industry are preventable and occur when one or more parties are negligent. Negligence leads to dangerous conditions that can injure and kill. It is largely a trucking company’s responsibility to prevent these conditions. Failure to do so can result in a truck accident and serious injuries, leading to a lawsuit against the trucking company. At Fiedler Deutsch, LLP, we investigate your truck accident and determine its cause, so we can help you receive maximum compensation for your injuries.
Some causes of truck accidents include:
- Reckless or aggressive truck driver
- Distracted driving/texting while driving
- Drowsy truck driver
- Driving under the influence
- Running a red light
- Making an unsafe lane change
- Failing to inspect the truck before driving
- Dangerously under-maintained truck
- Bad road conditions
If the cause of your commercial vehicle accident has something to do with the negligence or carelessness of another party, that party may owe you compensation. We can help you gather evidence of negligence, such as information from a police report, descriptions of the accident from eyewitnesses, photographs and videos, and opinions from experts. We have close relationships with experts throughout the country, and the resources to properly investigate your truck accident and assist with the insurance claims process.
How Much Does a New York Truck Accident Attorney Charge?
Most New York truck accident attorneys will work with you on a contingency fee basis. That means, you pay no up-front fees or costs to retain their services. Your attorney will only get paid if you receive a settlement recovery or a jury verdict is won on your behalf. Once compensation is recovered, attorneys’ fees are deducted as a percentage (typically 33.33%) of your total award. There are no hourly fees for their time or financial commitment, and most offer free consultations. In other words, hiring a New York truck accident attorney is risk-free since there are no fees, legal costs or expenses due if you don’t get paid.
Who is Liable in a Truck Accident?
New York is a no-fault state. Under no-fault insurance, all injured truck accident victims will seek compensation from their own insurance providers unless the accident meets the definition of serious under state law. New York’s serious injury threshold states that if an accident causes a victim to sustain a serious, permanent, or disabling injury the victim will have the right to file a lawsuit outside of the state’s no-fault insurance system. If you have a broken bone, had a spinal cord injury, a brain injury, or permanent disfigurement, for example, you will be able to hold the negligent party responsible in a Westchester County personal injury lawsuit.
The party liable for your truck accident during a fault-based lawsuit will depend on who or what caused the wreck. Most truck accidents name the trucking company as the responsible party. In the majority of cases, a trucking company will be responsible for its own negligence as well as that of its drivers and employees. Other liable parties may include the truck maintenance crew, cargo loading company, the owner of the truck, and potentially a truck part manufacturer.
What Should You Say to Your Insurance Provider After a Truck Accident?
After a truck accident, you are required to report the crash within 30 days in order to claim no-fault benefits in New York. During this process, you will be interacting with an insurance adjuster, whose job it is to determine the types of personal injury protection (PIP) benefits you may be entitled to. Remain calm and polite, and answer any questions honestly. With no-fault claims, you are required to cooperate with your insurer. You may have to give a recorded statement, and undergo an independent medical exam (IME) if your injuries are severe, before receiving benefits. If you refuse, your insurer can deny your claim.
However, when it comes to filing a liability claim against the at-fault truck driver and/or the trucking company for an injury that meets the state’s serious injury standards, what you should say to their insurance company completely changes. It is in your best interests to let a truck accident attorney handle all dealings with the adjuster, but if you speak to them, don’t offer any unnecessary information and only give the precise answer to questions they ask. Give them your contact details and you can tell them what type of work you do if they ask, but do not explain or discuss your work, schedule, or income.
Politely refuse to discuss the truck accident any further than the basic facts, such as where, when, the type of accident, the vehicles involved, and contact information for any witnesses. The adjuster will also ask about the nature and extent of your injuries. Refrain from giving a detailed description, as you run the risk of leaving something important out. Simply say you are “still treating.”
If you do not know the answer to any questions, tell them you don’t know. Saying the wrong thing can quickly harm your chances of recovering full compensation for your losses.
What Kinds of Damages Can You Recover?
The financial, emotional, and physical damages after a truck accident can be devastating. Recovering a fair settlement that accurately reflects the extent of your injuries, expenses, and anticipated losses is a critical step toward rebuilding your life. Once negligence has been established, New York truck accident victims may be entitled to:
- Medical expenses
- Lost income and wages
- Reduced earning capacity
- Property damage
- Chronic pain
- Emotional trauma, including PTSD, depression, and anxiety
- Loss of enjoyment of life
- Disfigurement, and more.
An experienced truck accident attorney has the resources to accurately assess your case’s value, and give you an idea of what costs you, and your family will face in the remainder of your life. Ensuring you don’t settle for less than you deserve.
Contact Us for a Free Consultation
While a truck accident can change your life, the right lawyer can help you get it back on track. Our truck accident attorneys can help you understand your rights and exercise them in and out of the courtroom throughout New York. We serve truck accident victims in White Plains and Westchester County. For a free consultation, contact us online or call (914) 993-0393 today.