Queens Truck Accident Attorney
Truck Accidents in New York City
When a commercial driver operates a large tractor-trailer carelessly, the results are often tragic for others on the road. If you or someone close to you has been hurt in a truck crash in New York, the diligent Queens truck accident lawyers at The Cassisi Law Firm are ready to help you explore whether you should file a claim.
We can devise a strategy tailored to your specific case aimed at enhancing your chances of securing compensation.
The Leading Causes of Truck Accidents
In 2012, there were over 294,000 vehicle crashes in New York, resulting in 1,163 fatalities and over 169,000 injuries. Trucks can be up to 20 times the weight of a passenger vehicle, so a collision can be devastating to the smaller vehicle’s occupants.
Accident data compiled by the New York State Department of Motor Vehicles showed that the top five factors leading to large tractor-trailer crashes were related to human error and included:
- Driver inattention, fatigue, or distraction
- Failure to yield the right-of-way
- Unsafe lane changing
- Unsafe or improper passing
- Following too closely
Other common causes of truck accidents include:
- Drunk driving
- Unsafe or unlawful passing
- Hours-of-service violations
- Trucking industry regulation violations
- Overloaded/improperly loaded cargo
- Defective trucks/truck parts
- Poor weather conditions
- Defective roadways or traffic control signals
- Third-party negligence, including other negligent motorists on the road
If you believe you were injured or your loved one was killed due to the negligence of another person or party, get in touch with our team today to learn more about filing a personal injury or wrongful death claim. Our Queens truck accident lawyers are well-versed in federal and state trucking regulations, negligence law, and catastrophic injury litigation. We are ready to fight tirelessly for you and your recovery, even if that means taking your case to trial.
How to File a Truck Accident Claim in New York
When a crash happens, an injured person should consider filing a negligence lawsuit.
This can lead to compensation for the victim’s harm if four key elements can be shown:
- Breach of duty
Like anyone else on the road, truck drivers must operate their vehicles with reasonable care. Companies and drivers also must obey regulations designed to ensure the safety of those around them. Failing to comply with traffic rules or industry regulations might be considered a breach of the duty of care.
What Damages Are Available in Truck Accident Claims?
If a victim can link careless conduct, such as driver fatigue or unsafe lane changes, to their injuries, many types of damages may be available.
Damages in a truck accident claim may include (but are not limited to):
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage to a vehicle
- Lost earning capacity
- Future medical costs and lost earnings
When someone dies in a truck accident that results from negligence, the personal representative of the deceased’s estate can file a wrongful death claim and recover damages on behalf of certain surviving family members and loved ones.
Damages in a wrongful death case may include:
- Medical expenses associated with the deceased’s final treatment and care
- Conscious pain and suffering endured by the deceased before death
- Funeral/burial costs
- Lost income, wages, and benefits
- The value of household/childcare services provided by the deceased
- Loss of love, companionship, consortium, support, and guidance
Enlist an Experienced Accident Lawyer to Protect Your Rights
Lawsuits against trucking companies can get complicated. The Queens accident attorneys at The Cassisi Law Firm are dedicated to holding commercial drivers and their employers responsible when their carelessness harms innocent victims.
We answer calls 24/7 and can come to you if your injuries prevent you from traveling to our office. We offer legal services in English, Spanish, and Italian to better serve clients within our community.
Federal Trucking Regulations
Because of the special risks associated with large vehicles, and because this type of driving is a job, truck companies and drivers are governed by a host of federal and state regulations beyond ordinary traffic laws. The Federal Motor Carrier Safety Administration (FMCSA) has regulatory authority over commercial 18-wheelers and other big-rigs that use interstate highways. Within our state, regulatory authority belongs to the New York Department of Transportation.
These regulations are extremely detailed regarding safety precautions. They address not only safety features in the truck’s design but also maintenance requirements, load tie-down specifications, hazardous material requirements, and inspection schedules. In addition, there are very strict regulations for commercial drivers in terms of training, hours on the road, and rest periods.
However, trucking companies and their drivers may cut corners, particularly when there is economic pressure to meet schedules and maximize profits. The consequence of lax adherence to these regulations may be an accident.
Suing the Trucking Company & Other Third Parties
In addition to taking action against a negligent truck driver, an accident victim also may want to sue the company that employed the driver. Some companies can be held indirectly liable for the careless behavior of truckers who were acting in the scope and course of their employment. Companies also might be held directly liable if they failed to properly train the driver, overloaded a truck, or committed another act of negligence that substantially contributed to the crash.
When an accident results from third-party negligence, such as the negligence of another motorist or a manufacturer that created or distributed a defective truck part, victims may be able to pursue compensation through a variety of avenues. Our attorneys can investigate your claim to determine how the accident happened, who was at fault, and which avenues of compensation are available to you.
Our firm handles all aspects of personal injury, and we encourage you to explore the ways in which we can help protect your rights and get you the compensation you deserve.