Every day, various types of trucks travel our roads. Delivery trucks, moving vans, trash trucks, and other types of vehicles are always on the road, bringing goods or services to the people of Huntington. As a result, it’s not surprising that truck accidents occur. When this happens, both truck drivers and pedestrians suffer severe and life-altering injuries.
The injuries sustained can result in costly medical bills and lost wages. These bills can quickly add up and divert your attention away from your recovery. In this situation, you need to hire a Huntington truck accident lawyer to help you get money for your injuries. Contact one of our experienced truck accident attorneys for a free case evaluation if you’ve been in a truck accident.
Truck Accidents Can Be Complicated
A truck accident claim can be extremely complex. Unlike a car accident, determining who is at fault in a truck accident involves a number of factors. Some truck drivers, for example, are independent contractors rather than employees. In such a case, our truck accident attorneys can assist you in filing a lawsuit against the driver rather than the company.
In most truck accident cases, the driver and the company’s insurance company are involved. These insurance adjusters work hard to deny you or ensure that you receive the least amount of compensation possible. Even if it is obvious that the driver is at fault in the truck accident, the insurance company will try to blame you.
In cases where they accept responsibility, they put financial pressure on truck accident victims to accept a low settlement. When you let our truck accident lawyers in Huntington, NY, handle your truck accident claim, we’ll make sure you get a fair settlement.
Liable Parties in a Truck Accident Case
It is critical to identify the responsible party following a truck accident. Our Huntington truck accident attorney can assist you in determining who is to blame. In some cases, you may be able to recover compensation from more than one party. The following are some of the most common liable parties in truck accident lawsuits.
Truck Drivers
Due to financial incentives, truck drivers frequently work long hours. As a result, they are prone to fatigue, which is a leading cause of truck accidents in New York. After a truck accident, you may be able to sue the truck driver if they were fatigued, under the influence of mind-altering substances, or exceeding the speed limit.
Trucking Company
Trucking companies are sometimes at fault rather than truck drivers. You can hold the company liable for the accident if it fails to carry out its duties with due diligence. Some of the mistakes that a trucking company can make that lead to an accident include:
- Not inspecting or repairing trucks before they get on the road
- Improperly loading a truck
- Pressuring a driver to disregard hours-of-service regulations dictated by the Federal Motor Carrier Safety Administration
- Failure to conduct background checks on employees before hiring
- Failure to perform routine drug tests on truck drivers
Truck Manufacturers
Truck manufacturers are another party who could be held liable for truck accidents. You can hold them accountable if the accident was caused by a flaw in the truck’s manufacturing or design. You could transfer liability to them if they did not issue a recall despite the problem, and it is a common problem across multiple vehicles of the same model and make.
However, if the truck manufacturer issued a recall and notified the trucking company, the trucking company is responsible for not fixing the problem. If the truck is privately owned, the truck driver is held accountable.
Truck Maintenance Company
If the truck maintenance company is at fault, the best truck accident lawyer can also help you seek compensation from them. If trucking companies hired a maintenance company, they could be held liable if the company failed to perform its duties. If a maintenance company fails to notice a truck defect or performs inadequate maintenance, it may be held liable for the resulting accident.
Municipalities
Sometimes the municipality is to blame rather than any of the companies. For example, if the accident was caused by poor road conditions, you could hold the local district liable. Failure to maintain safe driving conditions or provide adequate signage makes them liable for the accident.
Other Drivers
When multiple vehicles are involved in a truck accident, another driver may be held liable if their actions caused the accident. For example, if the other driver was distracted or disobeyed traffic laws, they may be held liable for the accident.
Our team’s experienced truck accident lawyer could investigate the accident scene and other circumstances surrounding the crash to determine who was at fault. If the insurance of the other parties does not cover your bills, third-party compensation may help make up the difference.
Common Causes of Truck Accidents
Many things could result in a truck accident; some common causes include:
Distracted Driving: Like car accidents, distracted driving could result in a truck crash. A driver who is eating, calling, or texting while driving could hit another driver.
Fatigue: A driver who stays on the road beyond the hours allowed by federal laws could run into another vehicle on the road.
Dangerous Cargo: Hazardous freight or improperly secured cargo could also result in vehicle accidents, including truck accidents.
Negligent Hiring: Hiring drivers with no valid CDI, drug use, or violations in their records increase the chances of an accident.
Benefits of Hiring Our Truck Accident Lawyers in Huntington
After a truck accident in Huntington, NY, you’ll need a truck accident lawyer to handle your case effectively. When you hire our truck accident lawyers, you will receive the following benefits.
We’ll Launch an Investigation
Our semi-truck accident lawyers will investigate the truck collision to gather critical evidence to ensure a fair settlement for you. To accomplish this, we will walk alongside professional investigators to collect physical evidence at the accident scene, police reports and witness statements, and other critical evidence.
Swift Determining of Liability
After our truck accident lawyer examines the evidence, we’ll be able to easily determine who is to blame. If multiple parties are involved in the truck accident, such as the company, truck manufacturer, and third-party drivers, we will make sure they are held responsible for the damages.
Assessing Damages
We want to make sure you get the most money for your damages after a truck accident. As a result, we will assess your damages to determine how much compensation you can receive from the parties at fault. When you try to assess your damages on your own, it can take some time. However, our truck accident attorney will consider the extent of your injuries and how they will affect your life.
We’ll also consider any property damage and other accident-related costs. Finally, after assessing all of your damages as a truck accident victim, we can file a lawsuit to help you recover your losses.
Our Truck Accident Attorney Will Handle All Complex Negotiations
Once we’ve established liability, we’ll file a claim with the at-fault party’s insurance company. In most cases, the insurance company would be hesitant to pay the full amount of compensation. Fortunately, we’re excellent negotiators and will only accept a fair settlement.
The truck company may try to deny you compensation by claiming the truck driver is a contractor rather than a full-time employee. Because trucking companies are not required to pay settlements for accidents caused by contracted truck drivers, this is a common strategy. We are aware of these ploys and will ensure that you receive full compensation from all responsible parties.
Vital Legal Experience
The commercial trucking industry is governed by a plethora of federal regulations. There are also common carrier laws that govern a company’s level of quality for its vehicles and drivers. Our truck accident lawyer is well-versed in the regulations governing commercial trucks. Our extensive knowledge and experience would be invaluable in assisting you with your truck accident case.
Using the Discovery Process
An experienced lawyer will make certain that all evidence supporting your claim is available. As a result, during the discovery process, we will request documentation to support your case. When we file a request, we can obtain additional evidence from the truck company in addition to the common types of evidence. Some of them are the driver’s hours of service log, inspection, and maintenance reports for the vehicle, dashcam video and photos, and black box data.
A black box is an electronic device used by commercial trucks to record vital information, which typically includes an event data recorder (EDR). The EDR, according to the National Highway Traffic Safety Administration, records system status and driver inputs before, during, and after a collision. Although recovering this evidence may be difficult, hiring us increases your chances of recovering it before it is destroyed or lost.
When determining compensation, we may also request medical records pertaining to your injuries. Silverstein & Kahn P.C. devotes all of its legal resources to ensure maximum compensation for injury victims.
Regular updates on the Claim Status
With us, you get to decide how involved you want to be in the case. We’ll keep you updated on new developments on a regular basis. We’ll keep you updated on the status of your case and assist you in making critical decisions. We strive to provide you with all of the assistance and information you require to feel confident in the legal decisions made in your case.
Compensation Our Huntington Truck Accident Lawyer Can Secure
When you hire our truck accident attorney, the goal is to obtain adequate compensation to cover your economic and non-economic losses. Here are some kinds of damage you might be able to get back.
Economic Damages
Accident victims are frequently required to pay for medical expenses as well as other out-of-pocket expenses. Fortunately, our truck accident attorney can assist you in obtaining financial compensation to cover hospitalization, doctor visits, prescription medications, ambulance rides, and future medical expenses.
You may be concerned about lost wages if your injuries require you to miss work. Economic damages would be sufficient to compensate for your lost income. In addition to compensating for short-term income loss, compensation would compensate for long-term changes in your earnings. If your injuries limit your ability to perform your job duties, we will make sure you are compensated for your diminished earning capacity.
Non-Economic Damages
Non-economic damages cover the annoyances and hardships caused by the crash that is not directly related to your finances. However, if your injuries cause you to lose motivation and focus on a daily basis, these damages may be able to assist you in dealing with your pain and suffering.
We can also assist you in obtaining non-economic damages for mental health issues and disorders caused by the cash. For example, if you suffer from post-traumatic stress disorder (PTSD), our truck accident lawyer may be able to help you recover compensation for counseling.
Punitive Damages After a Truck Accident
You may be eligible for punitive damages in addition to economic and non-economic damages. Punitive damages, unlike the other two types of damages, do not compensate a victim for their loss. Instead, if the at-fault party’s actions were grossly negligent, they punished them.
Statute of Limitation for a Trucking Accident
If you do not file a lawsuit after a truck accident within the three-year period specified by New York Civil Practice Law & Rules, you may lose your right to compensation for your injuries. Our personal injury attorneys can help you meet important deadlines.
Although three years is a long time, there are many processes that will need to be completed. Our skilled truck accident attorneys will get to work gathering the evidence needed to build your case. Because insurance companies have deadlines as well, time is of the essence in truck accident cases.
Hire Our Huntington Truck Accident Lawyers Today
Truck accidents frequently result in financial and legal issues for victims. A truck accident, unlike a car accident, has numerous factors to consider. Handling insurance adjusters and trying to recover from injuries after an accident can be overwhelming. Fortunately, you do not have to go through the entire process alone; our personal injury attorney can assist you in seeking compensation while focusing on your recovery.
A truck accident lawyer from Silverstein & Kahn P.C. will safeguard your interests. As skilled negotiators, we will make certain that you do not receive a low settlement offer from the insurance company. Contact us at (631) 424-6850 today for a consultation.
