NYC Truck Accident Lawyer

If you or a loved one has been involved in a truck accident in New York City, you understand the devastating impact it can have on your life. At Sakkas, Cahn & Weiss, LLP, we have experience in providing robust legal representation to victims of truck accidents. Our experienced truck accident lawyers understand the complexities of truck accident claims and is dedicated to securing the justice and compensation our clients deserve.

Why Are Truck Accidents So Severe?

Truck accidents are often much more severe than other vehicle accidents due to several intrinsic factors related to trucks and the nature of trucking operations. Here are the key reasons why truck accidents can result in particularly serious consequences:

1. Size and Weight

Trucks, especially those classified as big rigs or eighteen-wheelers, are significantly larger and heavier than other vehicles on the road. A fully loaded commercial truck can weigh up to 80,000 pounds, whereas an average passenger vehicle weighs around 3,000 pounds. The sheer mass of trucks means they have longer stopping distances, greater momentum, and can cause more damage in a collision.

2. Higher Impact Force

Due to their large mass, when trucks collide, the impact force is substantially greater than that of a collision between two cars. This increased force can lead to more severe damage to vehicles and more serious injuries to the occupants.

3. Complicated Maneuverability

Trucks are more difficult to maneuver and cannot make quicker evasive actions than smaller vehicles. Their large turning radius and length make it hard for truck drivers to navigate tight spaces, react to sudden stops, or avoid sudden obstacles without risking a jackknife or rollover.

4. Cargo-Related Issues

The cargo carried by trucks can pose additional hazards. Overloaded or improperly secured cargo can shift or fall off, causing accidents. Certain types of cargo, like hazardous materials, can also pose serious risks in the event of a spill during or after an accident.

5. Increased Stopping Distance

Due to their heavy weight, trucks require a longer distance to come to a complete stop compared to smaller vehicles. If a truck driver fails to maintain an adequate stopping distance or if brakes are poorly maintained, it significantly increases the risk of a rear-end collision.

6. Driver Fatigue

Truck drivers often operate under tight schedules and may drive for extended periods, leading to fatigue. Despite regulations limiting hours of service, fatigue remains a common issue and can impair reaction times, judgment, and the driver’s ability to safely operate the vehicle.

7. Blind Spots

Trucks have larger blind spots than passenger vehicles, known as “No-Zones.” If a truck driver fails to notice vehicles in these blind spots while changing lanes or turning, it can lead to severe collisions.

8. Under-Ride Accidents

Under-ride accidents, where a smaller vehicle ends up underneath the truck, are among the most dangerous types of truck accidents. These incidents often result in significant injuries or fatalities and are more likely with trucks due to their high clearance off the road.

How a New York Truck Accident Lawyer Can Help

If you’ve been involved in a truck accident in New York City, the consequences can be devastating and the legal landscape complex. At Sakkas, Cahn & Weiss, LLP, our experienced car accident lawyers are dedicated to assisting victims and their families navigate the aftermath of such significant events. Here’s how our legal team can help you:

Experienced Legal Representation

• Case Evaluation: We provide a comprehensive evaluation of your case to understand the specifics of the accident and identify all potential liability sources.
• Knowledge of Regulations: Our truck accident attorneys have in-depth knowledge of state and federal transportation laws governing trucking practices and driver conduct.

Investigation and Evidence Gathering

• Accident Reconstruction: We collaborate with accident reconstruction experts to reconstruct the accident scene and establish the events that led to the crash.
• Gathering Evidence: Our team will obtain and analyze crucial evidence, including truck driver logs, vehicle maintenance records, and cargo information, to support your case.

Dealing with Insurance Companies

• Handling Claims: We manage all insurance claims, protecting you from low-ball offers that don’t meet your actual needs.
• Negotiation: Our personal injury lawyers are skilled negotiators who will argue for the best possible settlement, considering your medical costs, lost wages, and pain and suffering.

Maximizing Your Compensation

• Comprehensive Damage Assessment: We evaluate the full extent of your damages, including current and future medical expenses, rehabilitation costs, lost income, decreased quality of life, and emotional distress.
• Aggressive Advocacy: If necessary, we are prepared to take your case to trial to ensure that you receive the maximum compensation you are entitled to under the law.

Legal and Procedural Experience

Navigating Complex Litigations: Truck accident claims can involve multiple parties and complex liability issues. Our firm is adept at managing these complexities and moving your case forward efficiently.
Statute of Limitations Compliance: We ensure all filings are done within New York’s legal deadlines, protecting your rights throughout the legal process.

Personalized Support

• Client-Centric Approach: Our personal injury attorneys listen to your needs and tailor our legal strategies accordingly, ensuring you feel supported and informed at every step.
• Accessibility: Our commercial truck accident team is always available to answer your questions, update you on your case’s progress, and provide the reassurance you need during this challenging time.

Common Injuries from a Truck Accident

Truck accidents can result in severe and often catastrophic injuries due to the size and weight of the vehicles involved. Here are some of the most common injuries that individuals may sustain in semi-truck accidents:

• Traumatic Brain Injuries (TBIs): The force of a truck collision can cause head trauma, leading to mild concussions or severe brain injuries that can have lasting effects.
• Spinal Cord Injuries: These injuries can range from minor back injuries to severe spinal damage that may result in partial or complete paralysis of the truck accident victim.
• Broken Bones: The impact of a truck accident can easily break bones, sometimes requiring surgery and leading to long-term disability.
• Internal Injuries: Blunt trauma from truck accidents can cause internal bleeding and damage to organs which might not be immediately apparent after the accident.
• Lacerations and Bruises: Shattered glass, metal debris, and the sheer force of impact can cause significant cuts and bruising, some of which may require surgical intervention to heal properly.
• Burn Injuries: If a truck accident leads to a fire, or if hazardous materials are involved, burn injuries can occur, potentially resulting in severe disfigurement.
• Amputations: In extreme cases, the catastrophic nature of a truck accident can lead to the loss of a limb either during the accident or as a surgical necessity afterward.
• Whiplash and Soft Tissue Injuries: These are common in many types of vehicular accidents, including truck collisions, and can cause long-term pain and mobility issues.
• Psychological Injuries: Beyond physical injuries, serious accidents can lead to psychological impacts such as post-traumatic stress disorder (PTSD), anxiety, and depression.

Causes of Truck Accidents

Understanding the common causes of truck accidents can help identify liability and prevent future accidents. Here are some prevalent factors that contribute to truck collisions:

• Driver Fatigue: One of the most common causes due to long hours behind the wheel, despite regulations intended to manage driving hours.
• Improper Loading: Overloaded or improperly balanced trucks can lead to loss of control, especially when maneuvering turns or if sudden stopping is necessary.
• Equipment Failure: Inadequate truck maintenance, especially failure to check brakes, tires, and lights, can lead to catastrophic accidents.
• Speeding and Reckless Driving: Speed increases the severity of accidents, and reckless maneuvers by such large vehicles are particularly dangerous.
• Lack of Training: Inexperienced or poorly trained drivers may not be able to handle the complexities of operating a large truck safely.
• Driving Under the Influence: Consumption of alcohol or drugs severely impairs a driver’s ability to operate a heavy vehicle safely.
• Distracted Driving: Using a phone, eating, or any activity that takes the driver’s attention away from the road can result in an accident.
• Poor Road Conditions: Inclement weather, such as rain, snow, or fog, and poor road maintenance can increase the likelihood of a truck losing control.
• Traffic Flow Interruptions: Sudden stops in traffic, improper lane changes, and poorly marked construction sites can also lead to accidents.

Who Might Be Held Liable for a Truck Accident?

Determining liability in a truck accident can be complex due to the multiple parties involved in the operation and maintenance of commercial trucks. Here’s an overview of who might be held liable in a truck accident:

Truck Driver

The driver of the truck is often the first considered for liability. Factors such as driver error, fatigue, intoxication, or violation of traffic laws can all indicate the driver’s responsibility for the accident.

Trucking Company

Trucking companies can be held liable under the legal principle of “respondeat superior,” which holds employers responsible for their employees’ actions within the scope of their employment. Additionally, if the company failed to follow proper hiring practices, neglected to train its drivers adequately, or did not enforce compliance with safety regulations, it could be held directly liable.

Owner of the Truck

In some cases, the truck may be owned by a different entity than the trucking company. The owner is responsible for maintenance and may be liable if an accident was caused by a failure to maintain the vehicle properly.

Cargo Loaders

If improperly secured or overloaded cargo contributed to the accident, the party responsible for loading the truck could be held liable. This could include contractors or employees of a separate cargo-loading company.

Maintenance Companies

Trucks require regular maintenance to operate safely. If a maintenance company tasked with servicing the truck did a poor job—such as failing to fix known issues or performing repairs improperly—they could be liable for any accidents caused by these oversights.

Parts Manufacturers

If a defective part caused the truck to malfunction and contribute to the accident, the manufacturer could be liable under product liability laws.

Other Motorists

Sometimes, the actions of other drivers can contribute to or cause a truck accident. For instance, if another vehicle cuts off a truck, causing it to swerve and crash, that driver could also bear some responsibility.

Compensation You May Be Entitled To

If you’ve been involved in a truck accident, you may be entitled to various forms of financial compensation, depending on the case’s specifics and the extent of your injuries. Here’s an overview of the types of compensation typically available in truck accident cases:

Medical Bills

You can claim compensation for all medical treatment related to injuries sustained in the accident. This includes:

• Emergency room visits
• Hospitalization
• Surgeries
• Medications
• Rehabilitation and physical therapy
• Future medical expenses for ongoing treatment

Lost Wages and Lost Earning Capacity

• Lost Wages: Compensation for the income you lost while recovering and unable to work.
• Lost Earning Capacity: If your injuries prevent you from returning to your previous job or working in the future, you may be compensated for the loss of earning potential.

Pain and Suffering

This covers physical pain and emotional distress resulting from the accident, including:

• Ongoing pain
• Discomfort
• Emotional trauma
• Depression
• Anxiety
• Loss of enjoyment of life

Property Damage

Compensation for repairing or replacing your vehicle and any other personal property damaged in the accident.

Disability and Disfigurement

If the accident results in a permanent disability or disfigurement, you may receive compensation for the profound impact this has on your life.

Wrongful Death

If a truck accident results in death, the family of the deceased may seek wrongful death damages, which can include:

• Funeral and burial expenses
• Loss of the deceased’s future earnings
• Loss of companionship and support
• The emotional distress of the surviving family members

Punitive Damages

In cases where the defendant’s conduct was particularly reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Injured in a Truck Accident? Get the Compensation You Deserve!

Don’t navigate the aftermath of a truck accident alone. Contact Sakkas, Cahn & Weiss, LLP today. Our experienced truck accident lawyers will fight tirelessly to secure the maximum compensation you are entitled to, covering your medical costs, lost wages, and more.

Schedule your free consultation now and let us help you on your road to recovery.

Truck Accident Lawyer FAQs

What should I do immediately after a truck accident?

Immediately after a truck accident, ensure your safety and the safety of others. Call 911 if there are any injuries and report the accident. Seek medical attention, even if you think you are not injured. Document the scene by taking photos and notes and gather contact information from witnesses. Do not admit fault or discuss the accident in detail with other parties involved.

How is a truck accident claim different from a car accident claim?

Truck accident claims are generally more complex than car accident claims due to several factors:

• Severity of Injuries: Truck accidents often result in more severe injuries or fatalities.
• Multiple Liable Parties: Liability may extend beyond the truck driver to include the trucking company, cargo loaders, and others.
• Regulations: The trucking industry is subject to federal and state regulations that do not apply to most passenger vehicles.

What types of compensation can I receive from a truck accident claim?

Victims of truck accidents can seek various forms of compensation, including:

• Medical Expenses: For both immediate and long-term healthcare.
• Lost Wages: Compensation for lost earnings and future earning capacity.
• Pain and Suffering: For physical pain and emotional distress.
• Property Damage: To repair or replace vehicle damage.
• Punitive Damages: In cases of egregious negligence.

How long do I have to file a truck accident claim?

The statute of limitations for filing a truck accident claim is generally two years from the accident date. Initiating legal proceedings within this period is important to avoid being barred from seeking compensation.

Should I talk to the trucking company’s insurance adjuster?

Be cautious when speaking to a trucking company’s insurance adjuster. They often aim to minimize the payout and may use your statements against you. It is advisable to speak with a truck accident lawyer before providing any statements or accepting any offers.

How can a truck accident lawyer help me?

A truck accident lawyer can help you by:

• Evaluating your case and advising on legal options.
• Investigating the accident to establish liability.
• Handling negotiations with insurance companies and liable parties.
• Filing a lawsuit and representing you in court if necessary.
• Maximizing your compensation through experienced knowledge of applicable laws and legal strategies.

Is there a fee for consulting a truck accident lawyer?

Most truck accident lawyers offer a free initial consultation, where they will evaluate your case and discuss how they can help you. Further legal representation is often provided on a contingency fee basis, meaning you only pay truck accident attorney fees if you receive a settlement or a court award.