Brighton, NY Truck Accident Lawyer
Truck accidents can be incredibly devastating and have long-lasting effects on the lives of those involved. In Brighton, such accidents are known to be catastrophic, often resulting in severe injuries and extensive emotional trauma.
If you or a loved one has been injured in a truck accident caused by the negligence of the truck driver, you are entitled to compensation. Our team is ready to help you fight for the justice you deserve. We will work hard to investigate the accident and determine the value of your damages, including medical expenses, lost wages, and pain and suffering. Additionally, we will examine the relationship between the driver, the trucking company, and the services they provided when the accident occurred to determine the level of liability involved.
Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our truck accident lawyers.
Common Causes of Truck Accidents in Brighton, NY
By understanding the common causes of truck accidents in Brighton, we can help you develop strategies to recover compensation from the liable parties. Depending on how your truck accident occurred, the truck driver, trucking company, and other road users could be named in your lawsuit. The following are common causes of truck accidents in Brighton:
Driver Fatigue
One of the leading causes of truck accidents is driver fatigue. Truck drivers often work long hours and cover vast distances, leading to exhaustion. For instance, a truck driver might be pushing to finish a long haul from New York to Ohio, ignoring their body’s signs for rest. As a result, they could drift off while driving on the interstate, causing a serious accident or even a deadly accident.
Distracted Driving
Distracted driving is another significant cause of truck accidents. This can include anything from using a mobile device, adjusting the radio, eating, or even daydreaming. For example, a truck driver traveling along a highway might be texting and fail to notice the traffic slowing down ahead, leading to a devastating rear-end collision.
Speeding and Reckless Driving
Speeding and reckless driving are also major contributors to truck accidents. A truck driver racing to meet a tight delivery deadline might exceed the speed limit or make unsafe lane changes.
Poor Vehicle Maintenance
Trucks require regular maintenance to ensure their safe operation. Neglected maintenance can lead to mechanical failures, such as brake failures or tire blowouts, which can cause accidents. Consider a truck traveling when a poorly maintained tire blows out, causing the driver to lose control and collide with other vehicles. The driver and any other party responsible for the truck’s maintenance should be held responsible for such gross carelessness.
Impaired Driving
Driving under the influence of drugs or alcohol is a serious offense and a common cause of truck accidents. A truck driver might have had a few drinks while on a break and then get behind the wheel, thinking they are okay to drive. However, their impaired judgment could and often does lead to catastrophic accidents.
Improper Loading
Improperly loaded cargo can shift during transport, causing the truck to become unbalanced and potentially tip over. Imagine a truck carrying heavy machinery along a deteriorating road. If the cargo shifts suddenly while the truck is making a turn, it could lead to a rollover accident.
Inadequate Training
Inadequate training for truck drivers can also lead to accidents. Driving a commercial truck requires specific skills and knowledge. A lack of proper training can result in errors like incorrect braking or turning, which can easily lead to accidents.
How to Recover Compensation After a Truck Accident in Brighton, NY
In Brighton, as well as throughout the state, no-fault auto insurance laws have been put in place to provide drivers with a faster way to receive compensation in the aftermath of an accident. However, they can also lead to certain complications, particularly in cases where victims have suffered severe injuries.
While these laws might help you receive damages more quickly, they might also limit the amount of compensation you can receive, causing you to miss out on the full damages you might be entitled to since the law puts a bar on who can file a lawsuit for injuries. Fortunately, our truck accident attorneys can review your case to determine the best path toward the compensation you need. However, in some cases, filing an insurance claim might be the only option. The following will break down how to recover compensation for a Brighton truck accident:
File a No-Fault Insurance Claim
It is mandatory for drivers to have Personal Injury Protection (PIP) insurance. This type of insurance is designed to provide coverage for medical bills and lost wages for anyone who is injured in a car accident, regardless of who is at fault. This includes both drivers and passengers in the insured vehicle, as well as pedestrians who are injured in the accident.
PIP insurance policies are intended to provide quick compensation for medical bills and lost wages without the need to prove fault. However, they do not cover all types of damages. For instance, while PIP insurance will cover medical bills and lost wages, it will not compensate victims for non-economic losses, such as pain and suffering, emotional distress, or loss of enjoyment of life.
Moreover, PIP insurance policies typically only cover a percentage of the damages that result from an accident. This means that victims might not receive full compensation for their losses. Additionally, if a victim uses their own PIP insurance to cover their expenses, they might be required to pay deductibles. To recover all of your damages, you will need to file a lawsuit against the truck driver and potentially their employer.
File a Lawsuit
As you can see, insurance companies will not always offer you the full compensation you deserve, which is why you might also consider taking your case to court to seek additional damages. However, if you decide to pursue a lawsuit, you will need to prove fault.
In some cases, the option of filing a lawsuit is blocked unless the injuries meet the “serious injury” threshold as defined by the law. According to I.S.C Law § 5102(d), a serious injury is one that includes permanent loss or loss of function, significant disfigurement, death of a fetus, death of the person, or any other injury that will prevent activities of daily living for at least 90 of the following 180 days. Broken bones are also included in this list, so many truck accident cases do ultimately meet this standard, allowing you to sue. Unfortunately, truck accidents often result in severe injuries, so it is usually not difficult to clear this threshold to file a lawsuit.
Our Brighton, NY Truck Accident Lawyers Can Help Your Claim
For a free case analysis with our truck accident attorneys, contact The Carrion Law Firm at (718) 841-0083.