Truck Accidents

Westchester County Lawyer for Truck Accident Victims

Commercial trucks from tractor-trailers or big rigs have an increased presence on highways and streets in Westchester County and across New York state. While they remain a minority of vehicles on the road, crashes and collisions have an outsize impact. Due to the weight and size, multiple people in smaller vehicles may wind up seriously injured as the result of a collision, their lives permanently changed by disability. The driver may have insurance limits, making it crucial to look at all potential reasons for the accident.

If you were injured as the result of a crash or collision with a commercial truck in Upstate New York, contact the seasoned team at The Law Office of Mark A. Siesel to set up a free consultation. In most cases, the defendants’ insurance adjusters and lawyers will not offer you what your case is worth. Instead, they will look for ways in which the accident was your fault so that they can limit their liability or avoid it altogether. Our team can help you fight back. We work tirelessly to ensure you get the compensation you deserve.

Truck Accidents

Truck accidents can happen for many different reasons, including driver inattention, reckless driving, negligent supervision, negligent hiring, negligent loading, and manufacturing or design defects. In many situations, it is crucial to get an accident reconstruction specialist out to the scene to figure out all contributing causes of the accident.

In order to establish the liability of the truck driver who was involved, our White Plains lawyers would need to show it’s more likely than not: (1) the driver owed you a duty to use reasonable care, (2) the defendant breached the duty to use reasonable care, (3) causation, and (4) damages. A truck driver may breach the duty to use reasonable care by speeding, driving recklessly, working beyond what the hours of service regulations require, drunk driving, driving under the influence of drugs, distracted driving, failing to adhere to safety regulations related to inspections and maintenance, and using a cell phone while driving. When a truck driver is an employee, the employer, often a trucking company, may be held vicariously (indirectly) liable.

In some cases, a trucking company can be held responsible for its own negligence in supervising, training, or hiring an incompetent truck driver, or one with a past history of accidents and negligent misconduct. For example, if a trucking company encourages its interstate truck drivers to exceed the hours of service regulations in order to meet delivery deadlines, it may be liable for negligent supervising or training.

There are also situations in which a third-party loading company or mechanic can be held liable for their negligence that results in serious injuries. For example, if a mechanic fails to inspect a truck correctly or fails to correct an obvious mechanical problem, they can be held liable if that mechanical issue then causes a collision.

Finally, we’ll also look at whether a defective truck component, such as brakes, may have contributed to an accident. Should that be the case, you may have a claim against the manufacturer of the truck or truck part.

Damages

Often truck accidents result in catastrophic injuries which dramatically change people’s lives. Common injuries in truck accidents can include:

• Crushing injuries and amputations.
• Traumatic brain injuries.
• Spinal cord injuries.
• Burn injuries.
• Exposure to dangerous substances, in the event of a hazardous materials spill.
• Broken bones.
• Bruises and scarring.
• Facial injuries.
• Internal injuries, including damage to major organs.
• Whiplash and soft tissue injuries.
• Emotional trauma.

When our attorneys are able to establish liability, we can recover compensatory damages including medical expenses, lost wages, out-of-pocket expenses, disfigurement, loss of earning capacity, pain and suffering, loss of spousal services, and loss of consortium, which is an item of loss to make up for losing the enjoyments of married life, such as intimacy.

In cases where you have lost a loved one in a truck crash, our legal team can explain whether you have a wrongful death claim that can help you seek recovery for burial and funeral expenses as well as financial contributions and other losses.

When the defendant’s conduct is egregious, it may be appropriate to pursue punitive damages against that party. Generally, these damages are proportionate to the defendant’s size and worth. An individual defendant who doesn’t have many assets, as some truck drivers do, is less likely to be subject to a huge punitive damages award. In most cases, large awards are reserved for misconduct by a corporation, such as a wealthy trucking company or third-party loading company.

Avoiding Common Mistakes After a Truck Accident

No one is ever prepared to be in a truck accident, and it is too easy to make simple mistakes that can hurt your case. At our law firm, here are the most common mistakes we see—mistakes that could hurt your case:

• Not seeking medical attention. This mistake could cost you your life if you have suffered a serious internal injury or head injury. Getting medical care as quickly as possible is crucial for your health, and also establishes that your injuries were caused by the truck collision.
• Not calling the police. A police report serves as an official account of the accident, including details such as who was at fault. Without it, your version of events may be questioned.
• Speaking without thinking. Never say anything that suggests you admit fault in the crash. Do not say you are fine, even if you appear uninjured. Let the investigation determine who is at fault and let a medical professional decide if you have an injury.
• Failure to gather documentation. Take pictures of vehicle damage, any skid marks, road conditions, and visible injuries. Keep a record of your injuries, doctor’s visits, missed time at work, and anything else that seems relevant. Keep track of all expenses related to the accident, including medical bills, repair costs, and any “extra costs” such as taking a taxi home.
• Talking to others before talking to an attorney. Insurance adjusters are trained to protect the interests of the insurance company, not yours. They may try to get you to settle for less than what you deserve. It’s wise to consult with an attorney before speaking to insurance representatives. It’s certainly important to consult with truck accident attorneys before you sign anything or before you post anything on social media. It is easy to make an innocuous comment or post online, only for it to be used against you. A lawyer can protect you from this kind of mistake.
• Accepting an initial offer. An insurance adjuster or at-fault party may make you an offer quickly, and it may be tempting, especially if you are facing income loss and significant bills. However, it is important to evaluate the offer in light of what your injuries are likely to cost. Once you accept an offer, you will lose the ability to pursue fairer compensation later.An experienced truck accident attorney can review offers and can negotiate to get you fairer compensation.
• Not following up on your case. Just hiring an attorney is not enough. It’s essential to stay engaged and follow up regularly with your attorney to ensure that all legal actions are progressing. This ensures there is forward progress and that you understand what to expect next. A good attorney will contact you every few weeks to let you know what is happening with your case.

An experienced and compassionate truck accident lawyer will protect you from these and other errors that could harm your case. He or she will also make sure that your rights are protected, working to give you the best chance possible of securing fair compensation.

Consult a Seasoned Truck Accident Lawyer

If you or a loved one was injured in an accident caused by someone else, even in part, you should discuss a potential claim with a White Plains personal injury attorney Our founder, Mark A. Siesel, has more than three decades of experience representing accident victims in Brooklyn, the Bronx, and Queens, along with Westchester, Putnam, Dutchess, Sullivan, Rockland, Orange, and Ulster Counties. Please contact us at (914) 428-7386 or complete our online form for dedicated legal representation.

• Truck Driver Fatigue