Long Island Truck Accident Lawyer

If you have been hurt by the careless driving of a trucker or the wrongful conduct of a trucking company, you may need help getting your life back on track. A dedicated injury attorney at Duffy & Duffy can help accident victims understand the legal procedures involved in filing insurance claims, investigating the cause of an accident, securing medical records, and, if necessary, filing a lawsuit against a party that caused the crash.

Our Long Island truck accident lawyers welcome the opportunity to put our many years of experience to work for you and your family as you deal with the aftermath of an accident.

Truck Accidents in New York

Tractor-trailers often can carry 80,000 pounds or more, and tragedy can happen when they collide with smaller, more vulnerable vehicles. Although there are many different scenarios in which accidents involving trucks can happen, some of the common causes include:

• Speeding or other traffic violations
• Improper loading of cargo
• Driver distractions, such as cellphone use or text messaging
• The use of prescription or illegal drugs
• Driver fatigue due to failure to comply with federally mandated rest periods

Why Truck Accidents Should Be A Concern

Long Island communities see heavy flows of traffic from all directions on a regular basis. Among the mix of vehicles are the large trucks that are delivering goods from their point of origin to their intended destination. Truck drivers or companies may act negligently on these roadways, putting not just themselves in danger but also those traveling next to them. Because they are much larger in size compared to cars, trucks face certain challenges when it comes to regular travel, such as:

• Complying with federal truck regulations
• Requirements to carry large corporate insurance policies
• Abiding by New York traffic laws like all other vehicles
• Adjusting to certain road or travel conditions such as weather, given the increased stopping time needed.

Simply put, trucks need to operate safely and maintain the duty of care for the other motorists around them. However, that breach of duty can lead to serious truck crashes where injuries are likely or even the death of one or more motorists. A Long Island truck accident attorney may determine liability during a thorough investigation, even if there are complexities in deciding who is at fault.

Common Causes of Truck Accidents

Truck crashes can occur due to a variety of causes. Most of the time, they may involve negligence on the part of the truck driver or the company unless an investigation from a skilled Long Island truck crash attorney states otherwise. These common causes are the following:

• Driver fatigue: Drivers are required to abide by the federal Hours of Service regulations. However, they may violate this either inadvertently or intentionally. Regardless, fatigue can affect reaction times and dangerous decision-making.
• Distracted driving: This includes texting while driving, adjusting the dashboard display, eating, or talking on the phone. Anything that can take a driver’s attention off the road for at least a few seconds can lead to a devastating truck accident.
• Speeding or reckless driving: Trucks take longer to stop due to their size. If a driver is engaging in dangerous driving such as speeding, tailgating, or weaving between lanes, high-impact collisions are more than likely.
• Improper loading: Cargo that is overloaded or unbalanced may shift in transit. As a result, it can lead to loss of control and even rollovers.
• Mechanical failures: Such issues like faulty brakes, worn tires, or even consistently poor maintenance can lead to truck crashes. Further proof that proper maintenance and care can prevent such incidents from happening in the first place (assuming driver behavior is not an issue).
• Improper training or inexperience: Trucking companies may fail to provide adequate training or even hire drivers who have a less than satisfactory safety record.

Whatever the cause might be, a skilled Long Island truck wreck attorney can be able to thoroughly investigate not just the cause, but can also determine fault as well. This may include holding the trucking company liable for poor hiring practices or even the manufacturer of a parts company due to a defective part.

Who May Be Held Liable For A Truck Crash?

One of the challenges with truck crashes is determining liability. That’s when a Long Island truck crash attorney goes to work on performing the investigation and determining liability. Once established, they can pursue compensation on your behalf. Liability may fall on multiple parties as well, if the investigation proves it. As such, the following parties may be considered liable:

• The truck driver: They may have engaged in negligent or reckless driving behavior.
• Trucking company: Includes improper training, overworking drivers, or poor fleet maintenance.
• Cargo company: Negligence can stem from improperly securing or poor loading practices.
• Maintenance providers: This can be due to failing to identify or correct any mechanical issues that may be critical to the safety of the driver and other motorists.
• Vehicle or parts manufacturers: Design or manufacturing defects can cause an accident.
• Other drivers: A third-party vehicle may contribute to the crash depending on their behavior, how they breach the duty of care, etc.

What Injuries Occur In A Truck Accident?

Because trucks are much larger in size, the force may be greater when a collision occurs. For this reason, the injuries may be more severe and the chances of a fatality are increased compared to car crashes. Such injuries include the following:

• Traumatic brain injuries (TBIs)
• Amputations
• Spinal cord injuries and paralysis
• Multiple fractures
• Burns
• Disfigurement
• Internal organ damage
• Wrongful death

If you or a loved one has suffered any of these injuries, you may be aware that they are life-altering. That’s because they may require long-term care, rehabilitation, and may be dealing with the lifelong effects of such injuries. Thus, the medical expenses can pile up over time. A truck accident lawyer in Long Island can be able to advocate on your behalf for compensation that can cover not only the medical expenses, but also any lost income or diminished earning capacity due to missed work.

There may be chances that the injuries are so extensive, you may not be able to work again making maximum compensation something a skilled lawyer can pursue on your behalf. However, if you have a loved one who was killed in a truck accident, a wrongful death claim can be a potential option.

What Are The Statutes of Limitation for Truck Accidents?

New York has statutes of limitation for personal injury and wrongful death. If you were injured in a truck accident, you have three years from the time of the incident to file a claim. On the other hand, if you have a loved one who was killed, the statute of limitation for wrongful death claims is two years. Either way, time is not going to be in your favor when it comes to considering legal options. The sooner you consult with a Long Island truck crash attorney, the better your chances may be.

Holding a Negligent Driver or Company Accountable for Your Injuries

Regardless of the cause of an accident, a victim generally must make out a case of negligence against the party from which he or she seeks to recover compensation. This is a four-step process that begins with a showing that the defendant owed a duty of care to the injured person.

Drivers owe everyone else on the road a basic duty of care that consists of acting at least as carefully as a reasonable person would act in a similar situation. The next step involves proving that the defendant, whether a driver, a trucking company, or both, breached the standard of care by failing to take the appropriate precautions.

Assuming that the first two requirements can be met, the remaining steps consist of proving that the accident directly resulted from the breach and that the claimant suffered actual damages. In truck crash cases, a Long Island attorney can seek damages that range from lost wages, medical expenses, and property damage to the pain and suffering caused by the accident.

A frequently important factor in a negligence case is the statute of limitations, which is the period of time that a state allows an injured individual to file a lawsuit against the person or business that caused the accident in which he or she was hurt.

If the accident happened in New York, the statute of limitations is generally three years. (It is important to note, however, that the period for filing a wrongful death lawsuit is only two years, so if the accident involved a fatality, the time for filing is shorter.) Also, if the defendant is a municipality (such as a snow plow causing injury) the statute can be as little as 90 days.

In most cases, a claimant’s failure to file a claim within the time allowed under the statute of limitations will bar that person from recovering any compensation. In a few limited situations, such as when the injured individual is a child or operating under some type of legal disability, there may be a possibility of “tolling” (or extending) the statute of limitations. Otherwise, the failure to timely file suit means no recovery, regardless of the severity of the claimant’s injuries.

Contact Duffy & Duffy For a Consultation Now

Truck crashes can result in life-altering injuries or even the death of a loved one. However, legal professionals such as Duffy & Duffy can help you claim maximum compensation if necessary. Do not let serious injuries or the death of a loved one from a truck crash go unaddressed in the aftermath. If you need to schedule a consultation with a Long Island truck accident lawyer, please call Duffy & Duffy at 516-973-3262 now.