Oyster Bay Truck Accident Lawyer
Truck accidents are often devastating and can cause life-changing injuries to victims in Oyster Bay. Fortunately, victims can recover compensation for their injuries in a truck accident.
Truck accident victims should speak with our experienced Oyster Bay truck accident lawyers to determine what steps to take next. There are many causes of truck accidents in Oyster Bay, which can greatly impact your case. In many cases, the truck driver will not be the only person responsible for your accident. Depending on how the accident occurred, you might also be able to file a lawsuit against the trucking company that employed the negligent driver.
If you were recently injured in a truck accident, our Oyster Bay truck accident lawyers can help. For a free case evaluation, call The Carrion Law Firm at (718)841-0083.
Common Causes of Truck Accidents in Oyster Bay
There are many potential causes of truck accidents in Oyster Bay, with many occurring on interstates and highways. In most cases, the truck driver’s negligence will be the reason for the accident, but the employer might also share the blame for your injuries. Truck accidents tend to be much more complex than typical car accident cases, and establishing the actual cause of a truck accident might take some investigation. Our Oyster Bay truck accident lawyers can review your case to help determine exactly how your injuries were caused and who should be held liable for them.
Fatigued Driving
Driver fatigue is a major cause of truck accidents in Oyster Bay. Many truck drivers must travel long distances on extremely tight schedules to make their deliveries and might go sleepless to complete their orders. As such, some drivers will push themselves for longer hours, getting more tired as they go and increasing the chances of a devastating accident. The catastrophic accident that could happen if a trucker falls asleep behind the wheel is hard to understate.
Violating State and Federal Trucking Regulations
Truckers and trucking companies are required to follow a host of federal and state trucking regulations in order to operate safely on the road. Truckers and their employers do not always follow these rules, however. When they do not, terrible accidents can happen. Strict trucking laws impose regulations on such issues as cargo loading practices, weight limits, driving hours limits, and licensure requirements. Drivers and trucking companies are also required to regularly maintain, upkeep, and inspect their trucks to ensure that they are safe to take on the roads. Violating any of the regulations can lead to tragic yet completely avoidable accidents.
Improperly Loaded Cargo
Another prime cause that is particular to truck accidents is negligently loading and storing cargo. Rules and regulations govern how cargo should be loaded and secured. Cargo should be loaded and distributed evenly to prevent weight shifting during transport, which could cause a driver to lose control of their truck. Negligently loaded cargo can even cause a truck to jackknife, unleashing immense danger on the drivers around them. Our Oyster Bay truck accident lawyers can help you build the strongest case possible based on how your accident came about.
Filing a Lawsuit After a Truck Accident in Oyster Bay
Most people are surprised to learn that a lawsuit cannot always be filed after being injured in an Oyster Bay truck accident. There are rules in place to limit the number of lawsuits filed for traffic accidents. While these rules can get insurance benefits to victims quickly, they will need to show more if they hope to recover compensation in a lawsuit. Thus, it is important to see whether you can sue under New York’s no-fault insurance rules and, if so, which parties should be named in your lawsuit.
Understanding New York’s No-Fault Insurance Rules
Because New York follows no-fault insurance rules, filing a lawsuit is not always a straightforward process. No-fault auto insurance allows victims to file an insurance claim for their medical expenses and lost wages with their own personal injury protection (PIP) insurance after an accident. Unfortunately, the law also bars victims from filing a lawsuit for additional damages unless they suffered “serious injuries” in their accident.
Whether or not an injury is serious is determined by New York law. For the purposes of filing a lawsuit, an injury is serious if it results in any permanent injuries, disfigurement, loss of function in a body part, loss of limb, and a broken bone. A lawsuit can also be filed if the accident caused the wrongful death of a loved one or miscarriage. An injury is also considered serious if it prevents you from performing your normal daily activities for at least 90 of the next 180 days following the accident. If your injuries meet New York’s “serious injury” threshold, you can file a lawsuit to recover damages not provided by insurance, like pain and suffering.
Determining Who to Sue
There are often more parties responsible for a truck accident than just the driver involved. Thus, it is crucial to identify all the parties that could be liable for your injuries so they can be sued. While the truck driver in your accident might directly liable, they might not have the insurance or finances to cover your injuries fully. Fortunately, you can usually sue the trucking company the driver works for, which can greatly impact the compensation you recover in your case.
Suppose the truck driver was on the clock and performing their normal job duties when they caused the accident. In that case, their employer can usually be held responsible for their driver’s negligence under the legal theory of vicarious liability. However, trucking companies can also be held liable for their own negligence. For instance, if the trucking company fails to inspect and maintain its trucks, it could be sued for violating trucking regulations. Trucking companies can also be held liable if they were negligent in the hiring process. If you are unsure who bears responsibility for your injuries, our Oyster Bay truck accident lawyers can help you determine how your injuries were caused and who should pay your damages.
Our Oyster Bay Truck Accident Lawyers Can Help
If you or a loved one was injured in a truck accident, call The Carrion Law Firm’s Oyster Bay truck accident lawyers today. Contact us at (718) 841-0083 for a free case review.