New York Truck Accident Lawyer
Collisions that occur between commercial trucks and other vehicles can have devastating effects on people in smaller cars. The smaller vehicle is likely to be totaled, and the occupants may be lucky to escape with their lives. Any individual who is injured in a truck accident has the right to demand compensation from an at-fault trucker and their parent company.
Unfortunately, many injured plaintiffs may hesitate to do so. They may think that collecting compensation will involve a lengthy trial or result in having every part of their lives examined. Others may think that they do not have a chance to stand up to large trucking companies and their extensive legal departments.
A New York truck accident lawyer may be able to put those doubts to rest. A seasoned personal injury lawyer has years of experience helping individuals who have been injured in trucking accidents to collect the compensation that they deserve. They handle every aspect of the case from gathering evidence, to talking with witnesses, to keeping the insurance companies off your back.
Obligations of Truck Drivers
Despite the specialized training that they receive, and the issuance of special licenses, all truck drivers are required to follow the same rules of the road as all other motorists. It does not matter if the other people they encounter on the road are drivers, passengers, bicyclists, or pedestrians. Truck drivers assume a legal duty to care for the wellbeing of all other citizens.
This duty requires them to operate their vehicles in a way that does not place those people in danger. This includes refraining from speeding, obeying all traffic signals and signs, and not driving in a distracted manner. Any failure to adhere to this duty that causes an accident can be the basis of a personal injury claim.
In addition to the duties shared by truck drivers and other motorists, there are additional federal regulations that govern how trucks must operate on highways. The Department of Transportation has enacted rules that control the maximum weight of commercial vehicles, how many hours their operators can drive in a week, and how their cargo must be secured. Any violation of these rules can place other individuals on the road in great danger. A truck accident lawyer in New York could examine the behavior of both truck drivers and their companies to determine whether they were negligent and are now civilly liable.
Identifying the Proper Defendants
A defendant in a personal injury case is the party allegedly responsible for the injuries. As such, the driver of the truck that causes the accident is a named defendant. These truckers will always be protected by an insurance company and as such, that insurance company will handle the initial claim for damages.
However, many truck accident cases will also name the trucking company as a co-defendant. All trucking companies that employ drivers are responsible for those trucker’s actions. Because of this, an at-fault trucker and their company may share liability after an accident.
One key exception to this arises if the trucker is an independent contractor. Many shipping companies classify their workers as independent contractors, especially if the trucker owns their own vehicle.
A New York truck accident lawyer could help injured victims to identify all potential defendants in order to claim maximum compensation.
New York law strictly limits when a plaintiff can file a case in court, so it is important to contact a lawyer about your claim quickly. This law, known as the statute of limitations, is set forth in New York Civ. Prac. Law & Rules §214.
Under this statute, all cases alleging personal injury after a truck accident must be brought no later than three years after the plaintiff suffers the injury. Any failure to meet this time limit will bar the plaintiff from recovery. Fortunately, an experienced lawyer could help with filing a claim promptly.
Talk to a New York Truck Accident Attorney Today
Filing a personal injury claim after a truck accident may be intimidating. People may fear having to deal with insurance companies and the legal departments of large trucking corporations. Insurance companies know that this hesitation is there and may attempt to take advantage of unrepresented plaintiffs.
Give yourself an advantage; let a New York truck accident lawyer handle your case. Attorneys can work to handle all communications with the insurance companies.
They can also conduct an independent investigation into the accident, talk to witnesses, consult with doctors, and participate in negotiations from a position of strength.
The outcome of a truck accident case could affect the economic future of your family for years to come. A New York truck accident lawyer stands ready to fight for you.
