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Truck Accidents

New York City Experienced Truck Accident Attorneys

New York City Truck Accident Lawyer

Approximately 49 truck accidents occur daily in New York City. With a population of over 8 million people, there are a multitude of large trucks on the road that deliver packages, groceries, and goods to New Yorkers everyday.

In addition to these delivery vehicles, there are garbage trucks, buses, 18-wheelers, and all other large private, commercial, and government vehicles that maneuver the congested streets of NYC constantly. The potential for truck accidents is unfortunately always there. Truck accidents are especially dangerous due to the large size and weight of the vehicle. If you have been a victim of a truck accident, it is important to seek out medical and legal expertise as soon as you can after your accident. In need of a personal injury attorney? Giordano Law Offices is here to help. Our award-winning attorneys are adept at tackling every angle of your truck accident claim and you are never charged for an initial consultation. Call or text our office today to schedule a free consultation: (646) 798-9740.

 

In USA, every 15 minutes a person is killed or injured in an accident caused by a tractor trailer, big rig or semi-truck. Out of 500,000 trucking accidents that occur across the USA every year, 5000 collisions are resulting in death. According to the New York Institute for Traffic Safety Management and Research, in 2017, in New York there were 12,838 crashes involving large trucks and buses, out of which 93 were fatal accidents, 4,096 were non-fatal truck accidents, 199 were large truck pedestrian crashes, 75 were large truck/bicycle crashes, and 50 were large trucks/motorcycle crashes. Most fatalities were caused by the driver’s negligence (driver distraction, failure to keep right, speeding, failure to yield right-of-way, bicyclist confusion).

Important Steps To Take After A Truck Accident in NYC

  • If you have been involved in a trucking accident in New York City, there are important next steps to take to ensure that you can get coverage for medical bills, lost wages, emotional trauma, physical trauma, and other financial setbacks that your injury directly contributed to. Oftentimes, injuries can take time to fully manifest and so it is important to call an experienced truck accident attorney as soon as possible after your accident to ensure your best chance of a financial recovery. New York truck accidents have the potential to cause serious injuries like broken bones, brain damage, spinal cord injury, concussions, lacerations, loss of mobility, and death. Competent truck accident attorneys are imperative to ensuring that you obtain the best possible financial recovery because it is in the best interest of insurance companies to challenge who caused the accident, question your credibility, and minimize the seriousness of your injury so that their net payout is less. Without proper and skilled legal representation, you could walk away with far less than you deserve and worse, you could end up having to pay for medical bills and other financial losses caused by the accident. Our New York trucking accident legal team routinely does the following for our New York truck accident clients:
    • Conduct a comprehensive and thorough investigation of your accident. This is inclusive of canvassing the site for available cameras that may have captured your accident (we have a team of video experts)
    • Collect witness testimony and other corroborating evidence
    • Build a strong legal case that supports your personal injury claim and efforts to obtain a financial recovery
    • Prove who is truly at fault
    • Effectively advocate on your behalf with insurance company representatives
    • Properly evaluate and present your injuries with our team of medical experts to ensure that you receive the maximum compensation for your truck accident claim.

Truck Accident Experts That Advocate For You Against Insurance Companies

When a trucking accident occurs, an insurance company reviews your claim to determine if they are going to pay and if so, how much that amount is. In New York, depending on the type of accident you have been involved in, there may be a maximum recovery amount. Truck accident attorneys at Giordano Law Offices will help to advise you on the recovery amount that you can expect depending on your injuries and the types of vehicles that were involved in your car crash. When you communicate with insurance companies, it is important to do so with legal counsel as insurance companies have experienced and skilled lawyers that work to protect their financial interests which typically means a lesser payout for you. If you have been involved in a trucking accident, you deserve lawyers that protect your interests! Giordano Law Offices never charges you a penny for an initial consultation and all motor vehicle accident cases are done on a contingency fee basis which means that you don’t pay us anything unless we are successful and obtain a recovery for you. Giordano Law Offices attorneys aggressively advocate on your behalf and seek the maximum compensation for past and future accident-related medical bills, pain and suffering, lost wages, and other forms of financial relief. Call or text Giordano Law firm anytime at: (646) 798-9740.

Common Causes of Truck Accidents

 

Large commercial trucks have the ability to cause devastating injuries and are some of the most dangerous vehicles on our roadways. The Giordano Law Offices truck accident legal team regularly represents individuals involved in trucking accidents like the below:
Accidents Involving Truck Drivers Driving Under the Influence of Drugs and/or Alcohol: Truck drivers must adhere to the same laws and safety expectations as other drivers on the road. If a truck driver goes behind the wheel of an 18-wheeler or another large vehicle while under the influence of drugs and/or alcohol, the repercussions can be devastating and catastrophic. If you have been involved in an accident where the driver was under the influence of drugs and/or alcohol our attorneys can help you to determine the important next steps to take.
Truck Defect or Malfunction: Unfortunately some of the largest vehicles on the road can suffer from the same defects that all motor vehicles face – when this defect causes an accident, the manufacturer or creator of the auto part may be held responsible for the resultant accident and injuries caused. Here are some common types of truck defects and/or malfunctions:
Brake Malfunction: If the truck driver and/or trucking company has failed to properly maintain the brakes of their truck by failing to get regular maintenance, the brakes can overheat and malfunction in other ways that can cause an accident on the road. New York State Law requires that trucks pass extensive brake inspections every 12 months and guidelines on the proper maintenance of brakes is dependent on how many miles the truck in question drives per month.
Tire Defects: New York truck collisions caused by tire failure can cause the truck to roll over, swerve into oncoming traffic, or go off the road. If you have been involved in a truck accident caused by tire failure, our legal team may be able to recover a financial settlement to cover your medical costs, pain and suffering, lost wages, and other present and future costs that are due to your injuries from a truck collision.
Insufficient Underride Protection: An underride guard is an attachment of steel bars to the back or side of a semi-trailer truck or trailer truck. An under-ride guard is designed to prevent a car or small pickup truck from driver under the truck in the event of a collision. Federal law mandates that all tractor trailers have under-ride guards installed. If the truck in your collision did not have an under-ride guard or if the under-ride guard did not sufficiently prevent your car from going underneath the truck involved in your accident, we may be able to get a financial recovery for you.
Trailer Malfunction: Truck collisions can occur when the trailer becomes disconnected due to broken hitches, a defect in the support chains for the trailer, and because doors and locks are not properly secured

Related: How To Avoid Truck Accidents

Determining Who Is At Fault For Truck Accidents

 

If you have been involved in a trucking accident, our New York truck accident legal staff is here to help you in your time of need. We have won millions for people like yourself that have been injured due to the negligence of others. Depending on the circumstances of your trucking accident, the manufacturer or creator of a defective auto part, the trucking company, and/or the driver of the truck in the accident may be obligated to cover the cost of your current and future medical bills, lost wages, and other damages. Trucking Company Negligence:
Negligent Hiring: Trucking companies have an obligation to hire individuals to drive their commercial vehicles that are qualified and responsible drivers. If someone under their employ has an expired license, has a history of DUI or DWI offenses, previous driving infractions, or a history of driving tickets and/or other driving-related infractions, the company could also be at fault for your accident.
Inadequate training: Truck driving companies have an obligation to ensure that the drivers that they hire pass truck road tests, understand all applicable safety standards and regulations, have training on how to properly handle and transport specialized materials, and that they have the wherewithal and ability to fully handle the commercial truck that they are operating.
Hours of Service Violations: Truck drivers that drive long distances are required to take regular breaks because driver fatigue can cause serious and sometimes fatal accidents. Truck drivers are prohibited from driving over 60 hours over a period of 7 days and must take mandatory breaks after driving 14 hours at a time. If your driver fell asleep at the wheel or if your accident was due to the fatigue of the truck driver, we may be able to get a recovery for you.
Inspection Failures: Trucking companies have an obligation to properly maintain their vehicles. New York state law requires that all trucks on the road pass regular vehicle inspection. Proper maintenance can also include regular maintenance like oil changes, tire rotations, break inspections after large amounts of miles have been traveled.
Truck Driver Error/Negligence: In congested places like New York City, roads are highly trafficked with a multitude of different types of motor vehicles. Roads are often blocked by delivery vehicles, alternate-side-parking mandated double parked cars, garbage trucks, taxicabs picking up people, pedestrians, and more. Large vehicle operators should be alert, properly trained, and have the proper licensing necessary to operate a commercial truck. When truck drivers drive in New York, they should follow all city and state motor vehicle laws and their vehicle should have up-to-date motor vehicle inspection certification. Unfortunately, truck collisions caused by driver error and negligence are a daily occurrence in New York. Some of the different causes of truck accidents due to driver error/negligence are:
Aggressive Driving: Aggressive driving tactics like tailgating, weaving in and out of traffic (excessive lane changing), speeding, and/or not defensively driving have the potential to cause harm to others especially while driving a truck in New York.
Adverse Driving Conditions: New York truck collisions can occur when drivers drive when weather conditions reduce adequate visibility, impede their ability to brake suddenly, or otherwise make it difficult to safely drive a truck.
Overweight Load: Strict federal and New York State laws prohibit trucks from overloading their trucks with amounts that are higher than regulations allow. If you have been in an accident with a truck that was overloaded past the legal limit, it could have impacted the driver’s ability to properly stop and maneuver the vehicle.
Failure To Signal A Turn or Lane Change: The truck driver is in violation of New York driving regulations if they failed to signal a lane change. Additionally, the trucking company may also be at fault if the driver was hired by the trucking company despite a history of driving-related tickets and infractions.
No-Zone or Blind-spot Accidents: Large trucks have known blind spots and while drivers are warned of these “no zones,” which are typically found directly behind the trailer, directly in front of the truck, and on both the drivers and passengers’ sides of the vehicle.

How Do Attorneys Investigate Truck Accidents?

As multiple parties can be at fault, trucking accident claims are usually more complex. In order to build strong truck accident cases for their clients, our experienced truck accident lawyers do not base their case solely on law enforcement’s interpretation of the evidence, but prefer to perform their own investigations instead. Our New York City truck accident lawyers will be able to gather evidence by interviewing truck accident witnesses, getting access to surveillance videos or photographing the accident scene. While many law firms fail to understand the importance of gathering evidence immediately after the collision took place, we do our best to perform a complete investigation, to gather and evaluate crucial evidence as the accident involving a truck is still fresh. Our investigation process also involves analyzing the company’s and the driver’s records, logbooks, and personnel file to see if they failed to observe safety regulations. The truck’s black box (data recorder) may also contain crucial data that must be examined. Sometimes, our lawyers may need to consult with experts (medical, life care providers, toxicologists, black box specialists) in order to determine liability in a truck accident.

Garbage Truck Accident Lawyers In New York

Although garbage truck drivers have many years of experience operating these large vehicles, garbage truck accidents are frequent in New York City. Because of the massive size of a garbage truck, the injuries sustained in such an accident are often severe. Victims of garbage truck accidents may lose their lives or end up with traumatic brain juries, internal injuries, bone fractures, internal bleeding, or nerve damage. Unlike other motor vehicle accidents, where the driver involved is entirely responsible for the collision, depending on the circumstances of the collision, the driver, the company that manufactured the garbage truck, the local municipality, or the private waste management company may be responsible for the accident and forced to pay compensation for the victim’s injuries. If the driver has been distracted and failed to comply with federal regulations, then he is responsible for the collision. If the road has been improperly maintained and this lead to the garbage truck crash, then the local municipality may be responsible. If the car manufacturer sold defective car parts which lead to the garbage truck collision, the manufacturing company could be liable.

Speak With An NYC Truck Accident Lawyer Today

At Giordano Law Offices PLLC, we provide experienced and skilled representation to truck accident victims. If you or a loved one has sustained injuries from a truck collision, our New York attorneys can help. Truck Accident and Injury Attorneys at Giordano Law Offices have been ranked in the top 5% in the country by Thomson Reuters Super Lawyers. Platforms like Expertise, Avvo, and Lawyers.com have recognized Giordano Law Offices lawyers with 5 star reviews across the board. When you call Giordano Law Offices after you or your loved one has been injured or has tragically died, you are treated with personal care. You speak directly with attorneys who have successfully won millions for truck accident injury clients. Oftentimes, you are given the personal cell phone number of our leading lawyers that make themselves available to you around the clock. With Giordano Law Offices, we take pride in our customer service and you are treated like an extension of our family. Call or text us anytime for a free consultation: (646) 798-9740. Additionally, you can email us: Info@Gio-Law.com, or contact us online to schedule a consultation. We look forward to hearing from you soon.

Frequently Asked Questions

What is the statute of limitations for truck accidents in New York?

Statutes of limitations govern the time limits for filing a lawsuit. These limitation periods are very important, missing the statute of limitations means you are forever prohibited from bringing a lawsuit. Always make sure to consult a competent attorney about your particular case and how long you have to bring it. While every case is different, in New York, you generally have 3 years from the date of an accident or negligence to file a claim against a private party. If your crash involved a government entity, you typically only have 90 days to file a notice of claim and thereafter, you have 1 year and 90 days from the date of the accident to commence the action. It is very important to consult our truck accident legal staff because in each case there are exceptions. For truck accidents, it is also important to note that in both types of claims there are 30 days to file your no-fault application.

How does the no-fault truck and car insurance system work in New York?

In New York, the no-fault truck & car insurance system dictates that after an accident, your personal insurance covers the cost of your medical treatment and out-of-pocket losses. Under New York State Law, if you have sustained serious and significant injuries that limit normal body functions, you can go outside the no-fault system and file a claim.

How long can I expect my case to take before I can potentially get A financial recovery?

Every case is unique, when you call our truck a ccident lawyers, an experienced attorney will listen to the details of your case and from there, we can advise you how long your case will take to litigate. Giordano Law Offices attorneys are award-winning trial attorneys that are prepared to take your case to trial if necessary. While most cases are settled prior to going to trial, our firm is always prepared to aggressively litigate your case in the courtroom.

How much will my truck accident case cost me?

Giordano Law Offices never charges you for an initial consultation and all truck accident cases are done on a contingency fee basis which means you do not pay us a penny unless we are successful and get a recovery for you. Give our office a call and our legal team will transparently outline the type of recovery you can expect.

How much will I be able to recover from my truck accident injuries?

Every truck accident lawsuit is different and the monetary amount that is ultimately recovered will depend on the circumstances of your case and the type of injuries that you have. Feel free to call our attorneys at any time, our initial consultations are always free and we will be upfront and honest about the type of recovery that you may be able to achieve. Typically, the estimate will take into account hospital bills, lost wages, and in the case of extreme injury or death — punitive damages.

A New York truck driver was intoxicated when my accident happened, who is at fault?

New York truck drivers are not allowed to drive if their blood alcohol content (BAC) is 0.4% or greater. If you or someone you know was injured in a truck accident where the driver was driving under the influence of drugs or alcohol, both the trucker and the company that hired them may be held accountable for any physical or emotional injuries that you or your loved one faced.

If a truck malfunction was the cause of my accident, who is at fault?

Each situation is unique, but depending on the circumstances of your accident, the truck driver, the owner of the truck, the manufacturer or creator of the defective part, and/or the company that the driver works for could be liable for your accident. It is important to seek legal counsel as soon as you can after you have been injured in a truck collision. Please call or text our office today at (646) 798-9740.

I was told to expect a phone call from the truck company’s insurance. What should I say to the insurance company representative when they contact me?

It is best to not make any statement to the trucking company’s insurance other than to say that you have legal representation. Once you say that, please be sure to call our office to let us know that the insurance company contacted you. It is also important to note that you should never sign anything without your attorney present. The company insurance representatives do not have your best interests in mind and may use things that you say to limit the type of recovery you can obtain. Please feel free to call or text us anytime for a free legal consultation, (646) 798-9740.
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