New York City Truck Accident Attorney
Getting into a collision with a large commercial truck is distressing. You or a loved one may have substantial injuries that interrupt every aspect of life, from the personal enjoyment of daily activities to the ability to earn a living. If the trucking company or another party is to blame for your accident, you may be eligible for financial compensation so speak with a New York City truck accident attorney as soon as possible following a collision.
At Torgan Cooper + Aaron, our truck accident lawyers strive to change the lives of our clients. We will do what we can to make your future better after a devastating truck accident. Find out how we can help you with a claim today. We offer free initial case evaluations and accept clients in Manhattan, Queens, Staten Island, Long Island, and beyond.
Why Choose Torgan Cooper + Aaron for Your Truck Accident Claim?
- Our attorneys are committed to excellence. We have a reputation in the industry as hardworking and dedicated personal injury lawyers who achieve outstanding results.
- We are discerning in the cases that we accept. We keep our caseload small so that we can give each client our undivided attention.
- Since 1987, we have represented clients in cases against large corporations, insurance companies and trucking companies. We can help you level the playing field.
How Can a New York City Truck Accident Lawyer Help?
There are unique considerations involved in a truck accident lawsuit in New York. First, these collisions are often catastrophic for victims, meaning they will have a lasting effect in terms of injuries. Unfortunately, a trucking company and its insurance carrier may try to undervalue your losses in an effort to save money. A truck accident attorney, on the other hand, will fight for just and full financial compensation for your losses.
You will also be going up against a powerful adversary. A trucking company will have the resources to send a team of investigators to the scene of the truck accident immediately, for example. A New York City personal injury lawyer experienced in truck accident claims can work tirelessly to protect your rights against a truck company, helping you build a more compelling claim through in-depth crash investigation, evidence collection, and working with experts.
Common Causes of Truck Accidents in New York
There are many steps a trucking company and its drivers can take to prevent traffic collisions. A trucking company must obey federal safety regulations, for instance. If a company fails to take an appropriate amount of care, such as to save time or money, accidents can happen. If a trucking company caused or contributed to your accident by using less care than it should have, it may be financially responsible (liable) for your losses.
Many truck accidents in New York trace back to truck driver errors, such as:
- Distracted driving
- Using a cell phone behind the wheel
- Improper lookout
- Unsafe lane changes
- Driving under the influence of drugs or alcohol
- Aggressive driving
- Breaking federal rules, such as hours-of-service restrictions
- Driving while fatigued
Other trucking accidents are caused by trucking company mistakes, including:
- Failing to conduct background checks before hiring new drivers
- Pressuring drivers to break the rules
- Improper driver training or retention
- Lack of fleet vehicle maintenance
- Low-quality truck repairs
- Violated federal trucking regulations
- Incorrect cargo loading or securement practices
Determining the cause of your truck accident may require a comprehensive investigation. Once you understand the cause of your truck accident, you or your New York City truck accident attorney may be able to file an insurance claim against the person or party most responsible for causing the collision. Holding someone else accountable is only an option in New York, however, in certain circumstances.
New York Truck Accident Claims
New York is a no-fault auto insurance state. This rule means that regardless of fault for a vehicle collision, most drivers will seek financial compensation from their own auto insurance carriers. There is an exception, however, for accidents that cause serious injuries. According to state law, a serious injury is one that causes a broken bone, significant or permanent scarring or disfigurement, loss of a bodily function, loss of limb, loss of a fetus, or wrongful death.
Most commercial truck accidents cause injuries that meet New York’s threshold, meaning the victim has the right to file a third-party lawsuit outside of the no-fault system. You may also be able to file a lawsuit if your economic losses exceed $50,000. If you have this right, you or your truck accident attorney in New York City will have to meet the burden of proof; that the fault of another party is more likely to be true than not true. This will require a certain amount of evidence known as a preponderance of the evidence.
What Evidence Is Available in a Truck Accident Lawsuit?
One thing that makes truck accidents unique is the evidence often involved in these cases. Hiring a local New York City truck accident lawyer can make it easier to preserve and collect key evidence before the trucking company has a chance to destroy it. Evidence for a truck accident lawsuit may include:
- Electronic data recorders, such as the truck’s black box
- The trucking company’s federal compliance records
- Truck inspection and repair logs
- The driver’s employment records
- The driver’s DOT safety rating
- Cell phone records
- The driver’s medical history and qualifications
- Eyewitness statements
- Expert testimony
The strength of your truck accident lawsuit will depend largely on the amount of evidence gathered against the defendant(s). If you can, begin collecting evidence immediately, from the scene of the collision. If you are too badly injured to do so, ask a trusted friend or family member to return to the scene to take photographs for you. Then, retain a truck accident lawyer to help you preserve other types of critical evidence.
Speak With a Truck Accident Attorney in New York City Today
If you or someone you love has been injured in a truck accident in New York City, the right attorney can make an enormous difference to your injury claim. An experienced truck accident lawyer will know exactly how to handle your case, including how to go up against a powerful trucking company or insurance corporation. An attorney can guide your family through the entire legal process from beginning to end, making sure you are not taken advantage of along the way.
To learn more about your potential truck accident injury claim, as well as to find out how our New York City truck accident lawyers can help you recover compensation, contact Torgan Cooper + Aaron. We offer free initial consultations in all five boroughs of New York City. Contact us online or call our local law office at (212) 232-2500 today.