Bronx Truck Accident Lawyer
Commercial trucks, semis, and rigs are known for their sheer size and weight. Many times, these large vehicles are involved in accidents that can lead to devastating consequences. If you or a loved one was hurt in an accident with a truck in the Bronx, our attorneys can help.
We will begin by identifying the cause of your accident and the liable parties. This might include the individual truck driver and the company that employs them. In order to file a truck accident claim in the Bronx, you must meet New York’s serious injury threshold. Furthermore, all truck accident lawsuits must be filed within three years of the date of the crash. Proving fault in these cases requires plaintiffs to meet four crucial elements, which will require evidence like eyewitness testimony and photographs. If successful in your claim, you will likely be able to recover compensation for all medical expenses related to your injuries as well as damages for pain and suffering.
Call (718) 841-0083 to have the Bronx truck accident lawyers of The Carrion Law Firm assess your case today.
Common Causes of Truck Accidents in the Bronx
Knowing what caused your truck accident is essential, especially if you are looking to fight for compensation for your injuries. In most truck accidents, the victims may identify the truck driver and assume they are the only liable party. While it is true that a driver’s negligence may play a part in many truck accidents, other elements may play a role in your crash. Though rare, many trucking accidents occur because of faulty equipment. In such a situation, identifying the exact cause of your crash can be more complicated.
Distracted Driving
When we break down a truck accident in the Bronx, we generally come across repeated patterns or causes that typically play a significant role. One of the leading causes of truck accidents in the Bronx is distractions. There have been many cases where a truck driver crashed because of texting while driving, using a smartphone app, or eating and drinking. You would never expect a truck driver to engage in this type of conduct, especially when driving their big, heavy vehicles, but accidents caused by distractions happen quite frequently.
Drowsy Driving
Another common cause of truck accidents in the Bronx is exceeding the mandatory working hours for truckers. Every truck driver, no matter their destination, has to take breaks after working for a certain number of hours. However, many truck drivers are continually pressured to make speedy, timely deliveries to increase revenue. Other times, their employers offer special bonuses or rewards if they can deliver their goods at a specific time. This can result in long driving hours that can lead to driver fatigue, which can be dangerous – and sometimes deadly.
Mechanical Issues
Failure to provide trucks with adequate maintenance can also lead to a crash. Faulty equipment that is not correctly identified or replaced during maintenance can cause devastating truck crashes, leaving other drivers and truckers with serious injuries. When mechanical issues lead to an accident, the trucking company itself can typically be held liable in a lawsuit. Our truck accident lawyers are aware of the many things that can cause trucking accidents, and we can help you fight for compensation no matter the cause of the crash.
Common Injuries Sustained in Truck Accidents in the Bronx
The sheer impact of a truck accident can cause devastating injuries that forever alter a victim’s quality of life. Injuries sustained in truck accidents typically warrant litigation in the Bronx.
Common injuries sustained in truck accidents include broken bones, traumatic brain injuries, spinal cord injuries, burns, eye injuries, whiplash, internal injuries, and many more. Traumatic brain injuries and spinal cord injuries can be especially distressing and might be impossible to fully recover from. Even more minor injuries, such as whiplash, might require medical treatments such as physical therapy. Getting diagnosed for injuries might involve expensive testing an imaging. When such expenses are coupled with the cost of treatment, victims might face financial difficulties.
Since truck accident injuries are typically severe, victims often meet the serious injury threshold for auto accident claims with ease. In New York, victims are only permitted to sue a negligent driver if their injuries meet those set out in I.S.C. Law § 5102(d). Otherwise, victims must file claims with their personal injury protection insurance or a negligent driver’s liability insurance to recover compensation.
Our Bronx Accident Lawyers Can Fight for Your Compensation
Commercial trucks are large, heavy machines that drivers should handle carefully. However, not all truckers are as careful as they should be, and many engage in negligent actions – as discussed above – that often lead to catastrophic accidents that would have otherwise been preventable. An accident with an 18-wheeler, 16-wheeler, big rig, or garbage truck can lead to devastating injuries that can prevent you from returning to work, require costly surgical procedures, and a lengthy recovery process.
When you are confronted with this reality, you may wonder whether you can do anything to get back on your feet. Fortunately, personal injury law may allow you to file a claim against the at-fault parties for a chance at compensation. The compensation you may get from your claim can help you cover all of your economic and non-economic losses related to an accident.
Your economic losses include all material, financial losses you faced because of your truck accident. The most common economic damages you can recover include your medical expenses, lost wages, and property damage. Moreover, “non-economic” damages include losses primarily associated with your pain and suffering, which can also be a substantial portion of your overall compensation.
Before you can put a number to the amount of compensation you can get from your claim, it is essential to understand that every truck accident is unique. For this reason, the value of your claim can differ from other similar claims. While there is no way to determine your claim’s total worth until it goes before a jury, our lawyers can sit with you and help you understand how much compensation you can expect from your case. This will be done by reviewing all of your damages, financial and emotional.
The Statute of Limitations for a Truck Accident Case in the Bronx
The fact that you can fight for your compensation can give you a sense of hope that everything will turn out okay despite your challenging situation. However, the fact that you have the right to sue the liable parties after your crash in the Bronx does not mean that you can keep the responsible parties on hold permanently until you decide to sue. The statute of limitations on truck accident injury cases puts a deadline on your ability to sue.
Typically, you will have up to three years to file your claim with the court after a truck collision in the Bronx. While this is the time limit, many people do not realize how essential acting promptly is after their truck accident, and they may file their case too late.
Filing even earlier than the deadline is often important, potentially benefitting your case in many ways. For example, when you file early, you can have time to properly assess your situation and get a full grasp of the damages in your particular case. You can gather all of the evidence required to come up with a strong, strategic, compelling case and find all of the liable parties in your case before filing your lawsuit.
Acting proactively can help you take control of your claim while preventing issues that may risk your ability to get damages awarded. Our New York City truck accident lawyers can ensure that you file your case well within the statute of limitations so that you are not at risk of being barred from recovery.
Liable Parties for a Truck Accident in the Bronx
Because of vicarious liability, victims may be able to hold truck companies responsible for the actions of their employees. This might lead to greater compensation for victims in the Bronx.
Even if a truck driver acted negligently, causing your injuries, you might be able to sue the company that employs them. That is because employers are also responsible for the actions of their employees while they are operating within the scope of their employment.
Furthermore, if a mechanical problem within the truck caused the accident that injured you, the larger trucking company might be liable. Our lawyers will confirm whether or not you can sue a truck company for damages. Doing so might allow you to recover punitive damages so long as the truck company acted with gross negligence.
Victims can also typically hold individual drivers responsible for truck accidents in the Bronx. Furthermore, a truck driver might be the only liable party, especially if they were hired as an independent contractor. Some truck companies do this to avoid liability for an accident if one occurs. If you are unable to sue a truck company because the driver was an independent contractor, we can help you bring a claim against the individual truck driver ultimately responsible for causing your injuries in the Bronx.
Proving Fault for Your Truck Accident Injuries in the Bronx
Simply knowing who caused your recent truck accident is not enough to recover compensation for your damages. You must meet the burden of proof in your case and establish that the other party is at fault for your injuries.
Duty of Care
This can be accomplished through evidence. First, we must prove that the driver or truck company owed you a duty of care. This is relatively easy to establish. To do this, we will place the truck driver at the scene of the accident, driving the vehicle. In doing this, it will become clear that the driver owed you a duty of care to adhere to all traffic laws and act responsibly while driving.
Negligence
Next, we must prove that a breach of the at-fault party’s duty of care occurred, resulting in a negligent act. Negligent acts differ depending on the unique circumstances of each truck accident case. For example, the negligent act could be that the driver was speeding to make a delivery time or the truck company failed to inspect the vehicle for possible mechanical issues. Proving the negligent act be accomplished through evidence such as eyewitness statements, incident reports, and security camera footage.
Cause of Injuries
Negligence alone is not enough to prove that you require compensation. In fact, you must prove that the defendant’s negligent act is what caused your injuries. To do this, take photos of your injuries at the accident scene. Do not wait to do this until days after the incident. Eyewitnesses might also be able to testify to your apparent injuries immediately after a crash in the Bronx.
Victim’s Damages
Finally, you must prove that you incurred damages as a result of a truck accident. To do this, keep any documents pertaining to your financial losses. This will largely include invoices from medical treatment. Other expenses, such as transportation costs, and losses, such as lost wages, may be compensable in a truck accident claim as well. If you cannot prove that you have suffered damages due to a defendant’s negligence, you will be unable to recover compensation in your claim.
Compensation for a Victim’s Pain and Suffering After a Bronx Truck Accident
Because truck accidents are often traumatic for victims, victims might go through emotional challenges in the weeks, months, and years that follow. Such damages are also compensable in a lawsuit.
Not all losses are financial. Victims might be diagnosed with post-traumatic stress disorder, depression, anxiety, or any number of mental disorders following a crash. They might require treatment from mental health professionals as well.
Such losses for pain and suffering can be compensated in a truck accident claim. Emotional damages are typically unavailable in insurance claims, causing victims to pursue litigation. Again, in order to sue for non-economic damages after a truck accident in the Bronx, you will have to meet New York’s serious injury threshold for motor vehicle accident claims.
Call Our Bronx Lawyers About Your Truck Accident Today
Call The Carrion Law Firm at (718) 841-0083 to have our truck accident lawyers review your case for free.