Brooklyn is incredibly busy. If you are a Brooklyn resident or have ever visited this iconic area of the state, you know the sheer amount of passenger vehicles and trucks that go in and out every day. It is only a matter of time before a truck accident happens, especially during peak traffic hours. As you know, trucks are heavier and bigger than most vehicles on the road. Whenever there is a crash, devastation often follows. If you get involved in a truck accident, you will likely suffer injuries that can cost a lot of money in medical services and make it harder to generate income.
Nevertheless, before you think about the challenges that may loom in your future, you should know there is help available in these cases. Like you, thousands of other people have been injured and been able to recover compensation for their injuries. The Carrion Law Firm has helped many injured victims in truck crashes get compensation for their losses.
Call The Carrion Law Firm’s truck accident lawyers to discuss your case privately and free of charge. Our number is (347) 679-8556.
Personal Injury Claims as a Truck Accident Victim in Brooklyn
An unexpected crash with a large commercial truck can have devastating immediate and long-lasting repercussions. All of your losses can cost you hundreds of thousands of dollars, especially if you have to go through costly medical treatment and cannot return to work. For these and other reasons, it is often best to file a personal injury claim to get compensated for the truck accident. It is essential to know that you may stumble across some hurdles on your way to compensation. One of the first obstacles you may have to fight against is the state’s “no-fault” insurance rules.
The no-fault insurance system is the first obstacle for thousands of injured drivers in truck accidents to overcome. Under this system, the injured driver would rely on their insurance company for assistance no matter who was at fault for the accident. While it is a relief to know that you have a chance of getting compensation through your insurance, you may be at a substantial disadvantage. First, insurance companies do not work for you; they work to keep their profits at a maximum while keeping payouts to a minimum. Second, they will not provide coverage for particular losses, such as your mental anguish.
Some may argue that no-fault insurance is your only source of compensation. However, this does not have to be the case. If you sustained serious injuries during your truck crash and now face permanent disfigurement or permanent loss of function in a body part, you can file a personal injury claim. As a truck accident victim, filing a personal injury claim can be the best way to get full compensation. Hiring a skilled truck accident attorney can be the best option for you.
Statute of Limitations and Comparative Negligence in Truck Accidents in Brooklyn
Two important elements can impact the outcome of your claim. These are known as the statute of limitations and the comparative negligence rule. The statute of limitations deals with the time each claimant has to submit their lawsuits. In most cases – including truck accidents – the statute of limitations is of three years. In other words, you have three years to present your complaint to the court. Missing this legal deadline can put your case – and compensation – at risk.
There is a critical reason behind the statute of limitations. As time goes by, physical and testimonial evidence can be lost or destroyed, which can make developing your case almost impossible. It is essential to have professional legal representation by your side at all times. Your attorney can set your case up and make sure all of your evidence is up to date and your complaint is filed on time.
New York follows a comparative negligence rule. This means that in a personal injury case, you are not barred from getting compensation. However, the amount of money you can get may be reduced depending on your contribution to the accident. Essentially, when you take your case to court, the jury will look at all of the evidence and determine whether you were partially liable. If a defendant is found 90% responsible, for example, they will be ordered to pay 90% of the total compensation. This means your 10% liability will be deducted from your final award. However, you should not be discouraged; our lawyers can work to protect your compensation and fight to get the entire case compensated by the at-fault driver.
Common Causes of Truck Crashes in Brooklyn, NY
Trucks crash for many reasons, some of which are tied to the driver’s negligence and others of which are tied to the trucking company’s negligence. Regardless, victims and their families could be entitled to truck accident lawsuits for any of the following issues:
Understaffing
Trucking companies are often understaffed, like many businesses today. This means working the drivers they do have for longer hours, and it means hiring drivers with less experience and lower qualifications. When trucking companies put dangerous drivers on the road, they can be liable for what is known as “negligent hiring.” When trucking companies force drivers to violate hours of service regulations, they can also be responsible for these intentional violations and any resulting crashes.
Equipment Failure
There are more trucks on the road now than ever before, but they are not always shiny, new trucks in perfect working order. Trucking companies do a lot to rehabilitate older trucks rather than buying new ones, potentially leaving their fleet in disrepair. If vehicles have failing parts, improperly retreaded tires, or broken safety equipment, they can seriously injure drivers.
Improper Tie-Downs and Loading
Cargo needs to be properly secured and loaded correctly. Mistakes in loading can cause cargo to shift more than usual, potentially unbalancing the truck and increasing trailer sway or rollover rates. Cargo should also be loaded toward the front of the truck to help stabilize it; cargo improperly loaded toward the rear can cause enhanced fishtailing and potentially cause a jackknife accident.
Drugs and Alcohol
Truckers spend long hours on the road, and they often turn to substances to keep themselves alert. Some substances like caffeine are perfectly legal, but grey areas like taking prescription medication, e.g., amphetamines designed for treating ADHD, could make a driver jittery and unsafe. Cocaine, other illegal drugs, and alcohol are patently unsafe for drivers to take, and it is usually a crime to drive under the effects of these drugs or alcohol.
Tired Driving
As mentioned, truckers face hours of service limits, where the government sets strict limitations on how long they are allowed to drive in a given day, in one single period without a break, and in a work week. If drivers go beyond these hours or are pushed by their employers to do overtime driving beyond these hours, they are breaking the law. Accidents that happen while they are breaking the law are usually their fault.
Improper Lookout
Improper lookout is consistently cited as one of the most common causes of truck accidents. This simply means that the driver did not properly look left and right before pulling out from a stop sign, did not check their blind spots before changing lanes, or simply did not look out for other drivers on the road. This is an even more dangerous problem when it comes to accidents with small vehicles (motorcycles, bikes, scooters, etc.) and pedestrians.
Distracted Driving
Truckers who spend their shift on their phone or otherwise distracted can be a huge danger. When driving at 60mph, a half a mile of roadway goes by if a driver looks away for 30 seconds. So many things can happen in 30 seconds, and drivers who spend too much time looking at their phone are not only breaking the law, but also putting others at risk. Even if a distraction does not directly cause a crash, a trucker who misses their exit because they were texting could hurt people when they try to scramble over to their exit. Additionally, drivers who spend hours upon hours on the road often get more comfortable distracting themselves under the incorrect assumption that they can get away with it safely, when they truly cannot.
How Bad Weather Affects Fault in a Truck Crash in Brooklyn
If you get hurt in a truck accident in bad rain or snow, you might think that the accident is truly an accident and that there are no grounds to hold the trucker liable for your injuries. In some cases, this is correct; but in the majority of crashes, there is still something that the driver did wrong to cause your crash, and our truck accident lawyers can still fight for compensation for you.
Truckers often underestimate their vehicles, plowing through ice, snow, and slick roads at full speed, assuming that their trucks can handle it. In many cases, this is so far from the truth, and truckers – like all other drivers on the road – must adjust their driving habits to stay safe in bad weather.
If the speed limit is 40mph, it might not be safe to drive 40mph in bad weather, and it is part of the law and general safe-driving practices to reduce speeds in inclement weather. This is especially true on hills, around sharp corners, or on tight city streets. If the driver hit you because they did not adjust their driving to the situation at hand, they can still be held liable in many cases.
Rarely, problems with unplowed roads could also play into liability. However, it is often difficult to sue the government for failing to properly plow.
How Police Reports Can Be Used in Truck Accident Cases in Brooklyn
All auto accidents, including truck accidents, need to be reported to the police if there are certain levels of vehicle damage or any injuries whatsoever. This means that the responding officers will draw up a police report, which we can use to help in your case.
In some cases where a police report is properly certified, it can be introduced as evidence in your case. Even without certification, the police report is an essential tool for our lawyers to help you build your case. It will show who was involved in the crash, what vehicles were involved, and where the crash happened, and it will often include a diagram of the accident that we can use to start our investigation. It should also include contact information for any witnesses who came forward, allowing us to track them down. It might even have pictures.
Police reports can also be helpful in court if someone needs to refresh their memory about what happened. Especially since police officers often handle a lot of cases and might not remember your specific case very well, we can have them review their police report on the stand to refresh their memory.
We can also use some statements in the police report to challenge witness testimony that conflicts with their initial statements. For example, if the trucker who hit you says on the day of the crash that their truck was making a grinding noise, that would indicate a problem with the vehicle’s equipment. If, at trial, they deny they heard anything unusual, we can confront them with their prior statement and potentially get the jury to see them as a liar.
Why You Should Hire a Brooklyn Truck Accident Attorney
Truck accident cases can be extremely complex and difficult to handle. The amount of evidence, witnesses, and involved parties can be a true headache if you lack the experience to handle your claim. A trained, experienced, and skilled truck accident attorney can provide you with invaluable assistance. Soon after your crash, the insurance company will contact you and try to settle your case. This means they will work to make sure you take whatever low-ball offer works best for them.
Many injured victims have fallen prey to these tactics, not knowing the potential compensation that could be available through a civil lawsuit. Your attorney can take your case to court and fight for the true compensation you deserve. Additionally, your NYC truck accident lawyers can give you the peace of mind you deserve. Your lawyer will generally be in charge of collecting all of the evidence in your case, developing your legal strategy, and presenting your case with the court. Do not attempt to handle your claim on your own. Call The Carrion Law Firm for assistance with your lawsuit.
We Represent Injured Victims in Truck Accidents in Brooklyn
Do not give away your chance at getting compensation by settling your claim with your insurance company. Hire The Carrion Law Firm. We work around the clock to meet our clients’ expectations. Our free, confidential consultations allow us to sit with you and discuss the details of your accident case. Call us today and talk to us about your particular needs. Our office number is (347) 679-8556.