Mariners Harbor Truck Accident Lawyer
Driving is something most people do nearly every day, and it can be easy to forget how dangerous the highway can be. Accidents with other cars are bad enough, but accidents with large trucks or semi-trailers might be utterly disastrous. A lawyer can help you begin a civil case to get fair compensation for your painful injuries and damages.
Exactly how the truck accident occurred is an important detail we must nail down. Knowing exactly how the accident happened may shed light on who is responsible, where to find evidence, and how we should approach the overall case. Among the various possibilities are jackknife accidents, head-on collisions, and rollover accidents. We should get started as soon as possible, as you have a limited amount of time in which to file your case. To make the situation more challenging, we may also need to navigate the insurance process before we file a civil case, as New York has strict no-fault insurance laws. To get started, we should start looking for evidence anywhere we can find it, especially at the scene of the accident.
Receive an initial confidential case review for free from The Carrion Law Firm by calling our Staten Island truck accident lawyers at (718) 841-0083.
How Truck Accidents Can Happen in Mariners Harbor
Trucks are enormous vehicles, and one might think that there is very little that can take down such a powerful piece of machinery. While it is true that trucks do not go down easily, they can still go down. Exactly how a truck is involved in a collision may inform us of who is to blame and where our truck accident lawyers can collect evidence.
Jackknife Accidents
A jackknife accident occurs when the truck and trailer of an eighteen-wheeler move out of sync with each other. The truck might start to slow down, but the trailer does not slow down at the same rate. The trailer, now moving faster than the truck pulling it, might swerve out to the side, colliding with other vehicles. Such accidents tend to happen when a speeding trucker hits the brakes too quickly. Such large rigs cannot stop very quickly, and a slower brake time is often necessary to bring the vehicle to a safe stop. If your accident was a jackknife accident, we should try to figure out if the trucker was speeding.
Head-On Collisions
Perhaps the most frightening and dangerous kind of truck accident is a head-on collision. These kinds of accidents might happen for a variety of reasons, and they often relate to negligent behavior by the truck driver. For example, a tired trucker might fall asleep at the wheel and cross the median on the highway into oncoming traffic. Another possibility is that the trucker is speeding and loses control of the truck on wet or icy roads, swerving into oncoming traffic. These collisions are often severe, if not fatal.
Rollover Accidents
Another frightening truck accident is a rollover accident. This involves the truck and trailer literally falling over and capsizing on the road. Considering the sheer size and weight of a truck and trailer, this is a very scary accident to survive. Rollover accidents might be the result of a combination of factors. Perhaps the cargo was not loaded properly, causing the trailer to become unbalanced. If the trucker was speeding and took a turn a bit too sharply, the unbalanced trailer might topple. Vehicles next to the truck might be crushed when the accident happens, and injuries might be extreme or fatal.
When to File a Civil Truck Accident Case in Mariners Harbor
One of the most important decisions you must make after a truck accident is when to take legal action. There may be a lot going on, including police investigations, medical treatment, insurance claims, and more. Your attorney can get your case started while you focus on resting, recovering, and getting back on your feet.
No-Fault Insurance Rules
First, it is a good idea to begin your case sooner rather than later, as it might take you time to navigate the complex insurance laws surrounding your accident. Although your accident involves a large truck, it may still fall under the laws governing most vehicle accidents. More specifically, you may be able to file a claim with your own no-fault auto insurance, and you may be barred from filing a civil lawsuit unless you have a “serious injury,” as explained under I.S.C. Law § 5104(a).
According to § 5102(d), a serious injury is defined to include death, fractures, lost pregnancies, serious disfigurement, dismemberment, permanent limitation or loss of body systems or functions, and non-permanent, medically determined injuries that limit your ability to accomplish normal daily chores and tasks for at least 90 days.
Determining how to file your insurance claim, gathering evidence of your injuries, and preparing the documentation and paperwork may take time, and it is best to begin sooner rather than later.
Statute of Limitations
On top of everything mentioned above, we must be mindful of the statute of limitations. This law applies to civil lawsuits, and it limits the time we have in which to file your case in court. According to C.V.P. Law § 214, plaintiffs who have personal injury claims, such as injuries from truck accidents, have 3 years to file a civil case. This time limit starts on the day the cause of action accrues, which is usually the same day as the accident itself.
This can be complicated because we might have to work through the insurance claims process before moving on to the civil lawsuit process, and everything must be done within the limitation period set by law. Remember, we only need to file the case within the limitation period. The case does not necessarily have to be completed within that time.
Review Your Case with Our Mariners Harbor Truck Accident Lawyer
Receive an initial confidential case review for free from The Carrion Law Firm by calling our truck accident lawyers at (718) 841-0083.