Serious accidents demand serious legal representation, and truck accidents are a prime example. Victims deserve a law firm that is experienced, aggressive, and knows how to make a compelling case for the compensation they need. In New York, that firm is Michael LoGiudice, LLP.
As opposed to high-volume firms, we take the time to understand personal injury victims’ stories so we can effectively advocate for them. While our results are no guarantee of future outcomes, they speak to our client commitment. Learn how we can help with your truck crash claim.
Why Truck Accidents Are Different
Any accident is potentially deadly, but this is especially true for large and commercial trucks. Their size, weight, and speed make truck accidents more likely to cause permanent and catastrophic injuries. For these reasons, the subsequent investigations are also more complex.
Apart from the physical toll, victims face unique legal challenges as well. Trucking companies have legal teams and insurers that act fast to protect their bottom line. Without a dedicated New York truck accident attorney, you may not win the compensation you truly need.
Identifying the at-fault parties is also complicated because there may be several involved: the trucking company, driver, and cargo loading company, to name a few. Sorting out the issues of causation and liability is difficult, but a knowledgeable lawyer will make a difference.
Common Causes of Truck Accidents
Understanding why truck crashes happen can help you make the strongest case for your legal damages. The most common causes include:
- Drowsy driving: Although federal rules are in place to prevent drivers from getting behind the wheel without enough sleep, some trucking companies pressure their drivers to ignore them. The results can be disastrous.
- Distracted driving: Anything that takes a driver’s focus away from safely operating their truck can be considered a distraction. Examples include cell phone use (e.g. texting), talking to others, and eating or drinking while driving.
- Speeding, tailgating, or unsafe lane changes: These are often reckless driving activities that show a disregard for the well-being of others. Large trucks are harder to stop and more prone to tipping over than passenger vehicles, so these actions are particularly unsafe.
- Overloaded or improperly secured cargo: This may point to responsibility on the part of the cargo loading facility or the driver, depending on the circumstances. Your New York truck accident lawyer can help sort out liability questions.
- Mechanical failures due to poor maintenance: Trucks require frequent, ongoing maintenance to ensure they are safe to operate. Poor maintenance work may not catch mechanical failures.
- Brake or tire defects: The brakes and tires, especially, must be in safe working order. When either of them fail, the root cause could lie with the manufacturer or retailer of the brakes or tires.
- Bad weather and limited visibility: Every driver has a basic duty to adjust their driving behavior for the prevailing weather and traffic conditions. Poor visibility, for example, should prompt slower speeds and more caution.
How Our Firm Helps New York Truck Crash Victims
At Michael LoGiudice, LLP, we understand that being in a truck accident could be the most stressful experience in your life. All you really want is to get your life back to normal and be fairly compensated for your losses. To accomplish these goals for our clients, we:
- Investigate the crash site and identify the at-fault parties
- Collect the evidence you will need to support your claim
- Obtain driver logs, inspection records, and black box data
- Work with accident reconstructionists and medical experts
- Determine the full and fair value of the victim’s damages
- Negotiate with the insurance company and opposing counsel
- Take your case to trial if a fair settlement isn’t reached
We’ve represented victims throughout New York with compassion and professionalism. Because we work on contingency, you will not owe us anything unless we recover compensation for you.
Damages You Can Recover After a Truck Accident
New York law allows truck crash victims to seek a variety of damages to compensate them for the physical, financial, and emotional consequences of their injuries. Among these are:
- Medical expenses, both for current needs and reasonably forecast future ones
- Rehabilitation and physical therapy costs
- Lost income and decreased earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages if the victim dies from their injuries
Contact Our New York Truck Accident Lawyer
The trucking company’s legal team is already working on their case – it’s time to work on yours. By taking quick action, you can protect your legal rights and seek the compensation you deserve. Get in touch with us now to schedule your free consultation.
Frequently Asked Questions About Truck Accidents
Is there a deadline to take legal action?
Yes, thanks to the New York statute of limitations, you only have three years from the date of the accident to file a lawsuit. There are very few exceptions and they don’t apply to most victims. If you wait too long to file, the court will dismiss your lawsuit and bar you from any recovery.
The strongest cases are those filed long before the three-year statute of limitations expires. Evidence is easier to find, at-fault parties are easier to identify, and witness memories are fresher. Take action soon to protect your claim.
Should I talk to the at-fault parties’ insurance companies?
You should not speak with any insurance companies until you talk to a lawyer, and it’s generally a better idea to let your lawyer handle all such communications. Insurers use various tactics to twist victims’ words and obtain evidence against them, like requesting recorded statements.
Your attorney will understand the value of your case and how to effectively negotiate for the settlement you deserve. If the insurers will not fairly settle the case, your lawyer can take it to a jury.
Who may be liable for my injuries?
In truck accident cases, there is often more than one party who shares liability. Some examples include the trucking company, driver, cargo loading company, and a truck or equipment manufacturer. The more at-fault parties there are, the higher your compensation is likely to be.
We work hard to identify all individuals, businesses, and entities who can be held accountable for truck crash victims’ losses. It’s part of our commitment to fully serving the legal needs of our clients.