Averne sits on the outer edges of Queens, near John F. Kennedy International Airport, and is known for its high truck traffic. As such, residents and visitors have a higher chance of being injured in a truck accident.

Fortunately, you do not need to face a trucking company and its lawyers alone. Our attorneys have decades of experience taking on powerful trucking companies and holding their drivers accountable. However, there are barriers to overcome before filing a lawsuit, like proving you suffered serious injuries. Considering the size of most trucks and the injuries involved when they crash, overcoming the legal threshold might not be as difficult as it would be in other cases. Once our team assesses how the trucker caused your accident and the injuries you have been treating, we can guide you on the best ways to get the compensation to which you are entitled.

For a free case evaluation with our truck accident attorneys, contact The Carrion Law Firm by calling (718) 841-0083.

Common Reasons Truck Accidents Happen in Averne, NY

Commercial trucks are large, complex vehicles that can be difficult for some truck drivers to handle. As such, truck accidents can happen for a number of reasons in Averne. Many accidents are the result of truck driver negligence. In other cases, another party involved in the truck’s operation could be responsible, like the trucking company or a cargo loader. Our truck accident attorneys can get evidence to show how your accident was caused and by who. How your truck accident occurred will often be the first clue as to who should be named in your lawsuit. The following are common reasons to file a lawsuit in Averne:

Fatigued Driving

Fatigued drivers are a leading cause of truck accidents in Averne. Truck drivers are held to strict operating rules that prevent them from driving too many hours in a single session. After a certain amount of hours, truckers are required to take mandatory breaks before being allowed back on the road. However, truckers often go beyond these driving limits to get overtime or because the trucking company is pushing for more hours. If the trucker was asleep or nodding off, we could review the trucking company records or the truck’s “black box” to determine if any hours of operation laws were violated.

Distracted Driving

Distracted truckers are capable of causing devastating accidents. If a truck driver is on their phone or looking back and forth at a television in the truck’s cab, they might not see another car before it is too late. Depending on the size of the truck and the load it is hauling, it might not have the time or distance to stop before crashing into the other vehicle. In the worst accidents, the trucker fails to notice the other driver until they collide.

Improper Cargo Loading

Cargo should be loaded in the truck’s trailer so that it is secure and the weight is distributed evenly. If cargo is improperly loaded, it could cause the truck to be unbalanced, which could lead to a catastrophic rollover or jackknifing accident. Cargo might also slide around in the cab if it is not tied down properly. This can cause the truck’s trailer to sway, which can easily turn into a fishtailing accident.

Failure to Lookout

Many truck accidents happen because truckers fail to check for other vehicles before changing lanes, turning, or taking a highway exit. Commercial trucks often have numerous blind spots. It is the driver’s responsibility to check around these blind spots before making a move. In the worst scenarios, a trucker fails to see a smaller vehicle and merges into it, causing the car to be pulled underneath the trailer.

Driving Under the Influence

With the constant pressure put on many truckers, driving under the influence is not uncommon. However, it is not always alcohol that truckers are under the influence of. Some truck drivers take stimulants to help keep them alert on the road. Some of these drugs might be for legal prescriptions, like Adderall, which is a type of amphetamine. Other drivers use illegal substances, like cocaine, to keep them up and driving. In most cases, a trucker should be tested after an accident as a matter of policy to determine if any substance played a role in the accident.

Equipment Failure

Not all trucks coming through Averne are top-of-the-line machines. Actually, many trucking companies buy older trucks to save costs, while others do not service or upgrade their vehicle when they are in need of repair.

However, trucking companies and drivers are responsible for the safe operation of their vehicles. Both parties should be doing routine inspections to check for issues like balding tires, worn-down brake pads, or other equipment that should have been repaired before taking the truck on the road. The trucking company should have records of when inspections were made and what repairs were necessary.

Suing for Truck Accident Injuries in Averne, NY

Our lawyers will likely need to help you overcome a few challenges before filing your trucking accident lawsuit. New York operates under a “no-fault” insurance system to deal with vehicle accidents, which has its benefits and drawbacks. One of the advantages of no-fault insurance is that you can be compensated for your injuries from your own personal injury protection (PIP) coverage without having to prove who caused the accident. However, PIP insurance typically only covers a certain amount of your medical expenses and lost income, but not other damages like “pain and suffering.”

The other major downside of no-fault insurance rules is that they limit truck accident victims’ right to sue. Unless your injuries are considered “serious,” I.S.C. Law § 5104(a) will bar any lawsuits to recover non-economic damages.

That said, there are several ways to prove that your injuries are serious enough to recover the full amount of compensation you are entitled to in a lawsuit. § 5102(d) defines serious injuries as those that result in death, significant disfigurement, dismemberment, miscarriage, and the permanent loss of a bodily function, body part, or organ function. Less extreme injuries can also qualify as serious under the statute, like broken bones and injuries that prevent you from performing your typical daily tasks for 90 out of the first 180 days of your accident.

If our team can prove one of the above definitions, you will be permitted to file a lawsuit and claim all the damages your injuries caused. This way, you can claim the full range of your economic damages if PIP was not enough and pursue non-economic damages, like physical pain, emotional distress, humiliation, and much more.

Our Averne, NY Truck Accident Lawyers Can Help You Today

Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our truck accident lawyers.