New York truck accident lawyer | Call Our Experienced Injury Lawyers
When you or your loved one has been in a truck crash – including accidents involving tanker trucks, 18-wheelers, big trucks, or oilfield trucks – we'll fight to get you the maximum possible compensation for your injuries.
WHY YOU NEED AN Experienced personal injury lawyer
Truck wrecks are different than those with other vehicles. Severe injuries and fatalities are more likely with semi-truck collisions, and the insurance companies and policies from which you'll be seeking compensation will be very different. You need a compassionate truck accident attorney who understands the challenges and who has the resources to fight back against powerful companies.
Speaking with an experienced commercial truck accident, attorney who has worked on cases involving commercial truck accidents is the best way to preserve your rights, as well as to gather evidence in a timely fashion.
A qualified truck accident lawyer can advocate that you receive medical care, such as diagnostic tests and consultations with specialists that you might not have obtained on your own. Additionally, an attorney with experience handling truck accident knows the inner workings of the trucking industry. This can significantly benefit your case. An attorney can investigate the truck crash, document your claim, negotiate with insurance companies, and even file a lawsuit in court if necessary.
HOW TO FIND A QUALIFIED NEW YORK TRUCK ACCIDENT LAWYER
Here are some of the questions you should consider asking during your search for the right truck accident attorney to handle your truck accident lawsuit in Texas:
WHAT IS THEIR FOCUS?
A personal injury lawyer who focuses on truck accident cases has specific knowledge about liability, faults in maintenance and inspections, mechanical issues that may have influenced the accident, and the inclusion of multiple liable parties in a lawsuit. An attorney can only gain this knowledge by trying real-world cases that result in significant compensation for the serious injury victims because of commercial truck accidents.
HAVE THEY HANDLED CASES LIKE THIS BEFORE?
Every case is unique, but a New York personal injury lawyer with significant experience in managing personal injury cases involving truck accidents is familiar not only with New York state laws governing the operation of commercial big rigs but also with the federal laws that mandate maintenance, inspections, operation and other facets of the commercial trucking industry.
DO THEY HAVE EXPERIENCE NEGOTIATING WITH INSURANCE COMPANIES?
Many truck accident personal injury lawsuits never go to trial. They are settled through negotiation or arbitration. This is why it's critical to engage a New York personal injury lawyer who has experience dealing with insurance companies and obtaining fair compensation for injuries.
DO THEY HAVE TRIAL EXPERIENCE?
Truck accident cases often involve serious, life-changing injuries. If your truck accident lawsuit goes to trial here in New York, you will want a truck accident lawyer who is confident and has the skills to fight for your best interests.
With more than 35 years of legal experience, Rubenstein Law knows how devastating an accident with a truck can be. If you've been involved in a New York trucking accident, you may be unsure of how you will continue after a serious and life-changing collision. Contact our knowledgeable New York Truck accident lawyer.
COMPENSATION for TRUCK ACCIDENT victims
The goal of many truck crash lawyers is to reach a settlement with those responsible for injuries; however, we will always seek to obtain the most compensation possible. If we determine that we need to pursue a truck accident lawsuit to get you what you deserve, we have the resources to do so. We have taken many cases to court and will not hesitate to seek a jury verdict in your favor to get you what you need to cover the following damages after a truck accident:
Loss of earning capacity
In an accident with a personal motor vehicle, you may not be able to recover fully for your losses. Insurance policies and the financial restrictions of the person responsible limit your ability to recover. However, commercial vehicles have much larger insurance policy limits and the trucking companies may have additional funds available. Depending on the type of vehicle, they may even have federal requirements for insurance coverage. Instead of covering part of your losses, we can help you obtain the compensation that will completely cover your past and future losses as well as legal expenses.
FATAL TRUCK CRASHES
Unfortunately, collisions with large commercial vehicles can have results that are far worse than medical bills. Because of their large size and extreme weight, accidents with these vehicles may result in death. If your loved one was involved in a fatal truck wreck, you are likely experiencing emotional distress and are unsure of how to handle the financial loss.
You may be able to also recover compensation under the following through a wrongful death claim:
Burial and funeral expenses
Loss of financial contributions
Loss of care, support, maintenance, advice, and counsel
Loss of love, companionship, comfort, and society
Loss of inheritance you may have received if your family member had lived a normal expected lifetime.
You may also be able to recover for medical expenses, physical pain, and mental anguish that your loved one suffered prior to passing away because of the truck accident.
Rubenstein Law GETS THE COMPENSATION YOU DESERVE
Why should you hire experienced New York personal injury attorneys to represent you in a personal injury case? Here are just a few:
With so many parties involved in a single roadside or highway collision involving a truck, it can be challenging to determine who is the responsible party and how to approach a multifaceted case.
Accident investigations involving trucks and other vehicles in New York are extraordinarily complex. Very often, commercial transport companies deploy their own team of investigators to respond to every incident. The investigator is paid by the commercial trucking company, so they have no interest in the well-being or fair compensation to the victim.
In many semi-truck accident cases, the actual collisions are caused by negligence on the part of the truck driver, whose behaviors may include:
Driving while under the influence of drugs
Driving while extremely fatigued
Speeding or driving too aggressively for the road conditions
Eating, texting or engaging in other distracting activities while driving
On the flipside, there are many ways in which the trucking company can be negligent:
Setting unworkable delivery times that undermine safe driving behaviors
Delaying part replacements, including tires, and key mechanical items
Postponing or failing to perform diagnostic vehicle inspections
Pressuring truck drivers to drive longer than federal law permits
New York TRUCK Personal Injury attorneys that WIN
An accident on this scale can take a terrible toll. We understand the New York personal injury law landscape as well as how federal regulations come into play when it comes to accident liability involving a large, commercial truck.
We will work closely with you and your family to keep you informed about the details of your case and communicate to a judge or jury why you deserve compensation for your past and future medical costs, loss of earning capacity, physical pain, mental anguish, physical limitations, and disfigurement.
At Rubenstein Law., an experienced semi-truck accident personal injury law firm, our attorneys have tackled a wide range of trucking accident cases throughout New York. We understand state law, federal trucking regulations, and the investigative techniques necessary to successfully handle a truck accident – in or out of court.
In addition, we work closely with experts, including accident reconstruction specialists, life care planners, engineers, medical professionals, and forensic electronics specialists who can capture and analyze data from a truck's data recorder or “black box.” With these experts on our side, we can present a strong case to prove the cause of the crash and your injuries, as well as the extent of your mental and physical damage.
TRUCK ACCIDENT CLAIMS & LEGAL PROCESS
Deciding what to do after a truck accident can be difficult. You need the best medical care as well as effective legal representation. Once you've cared for your immediate medical needs, you should focus on contacting a truck accident lawyer who can help you through the complex truck accident claims process.
Here are the steps we'll take for you:
- STEP 1Free Initial Consultation
We will listen to your story and help you understand the laws involved and legal process through which a personal injury claim can be made.
- STEP 2Discovery Process
We will go through the process of gathering evidence and establishing facts about your truck crash. This phase takes up the majority of time in a personal injury case. It involves obtaining the truck's black box, trucker logbooks, employee records, and company files. We may also interview, or depose, parties and witnesses and obtain opinions from experts. Your trucking accident lawyer will utilize the discovery process to ensure we obtain all the necessary information to prove your truck accident claim.
- STEP 3Initial Demand for Compensation
After establishing the liability of the trucker and truck company and obtaining information about how much money you'll need to cover your losses long-term, we will make an initial demand to the insurance company for compensation. We will consider past and future losses to be sure we include everything you need to move forward with your life after a devastating crash.
- STEP 4Truck Accident Lawsuit
Most insurance companies deny an initial demand and make a lowball counter offer. We will not accept less than you deserve. If necessary, we'll file a truck accident lawsuit to verify our determination to obtain compensation for you. A personal injury lawsuit will involve a complaint, motions, and many other complex legal documents. Strict deadlines must be adhered to so that we meet court requirements. We will make sure all conditions are met to give you the best chance of success.
- STEP 5Negotiation in Truck Cases
There may be several steps in the negotiations process. Counteroffers and additional demands will be made with both sides trying to seek beneficial outcomes. We will make sure the trucking company, their insurance, and their lawyers understand we will not accept an offer that does not meet your needs
- STEP 6Truck Accident Mediation
We may attempt to mediate your legal claim. This involves meeting with a mediator, the defendants, their insurance company, and any other necessary parties. Both sides will provide a statement and we will have a chance to provide information about how much money we feel the defendant owes you for your injuries. Many cases are settled through the mediation process; however, if we cannot reach an acceptable financial outcome, we will take the case to trial.
- STEP 7Trial
Many law firms avoid trial; however, Rubenstein Law is not afraid to take a case to trial. We have a legal team of experienced attorneys who know local court procedures and can effectively present evidence to a judge or jury. If we take your case to trial, we will work to obtain the highest possible verdict.
CAN TRUCKING COMPANIES AVOID LIABILITY?
There have been a number of truck accident cases in which trucking companies have tried to avoid liability by creating a perceived distance between themselves and the driver, the vehicle, or other equipment.
In these types of cases, the professional trucking company has obtained the necessary permits to operate the truck. However, for purposes of “ownership,” the company is leasing or renting the equipment, tractors, and trailers from an “owner/operator.” Instead of employing the drivers, the trucking company hires them as independent contractors.
The trucking company then gives the owner/operator a placard with the name and permit numbers of the trucking company, which makes it look like the truck is owned by the professional trucking company and the driver is an employee. In previous years, the trucking company would argue that it was not responsible for driver error because the driver wasn't an employee, and does not own the equipment, so the company wasn't responsible for maintenance.
Fortunately, federal law ended this illogical argument. Under current federal laws, a trucking company is responsible for all accidents involving a truck that has its name displayed on the vehicle, regardless of the driver's employment status.
TRUCKING COMPANY NEGLIGENCE & DAMAGES
A major difference between car accidents and those involving commercial trucks comes down to training and maintenance. Truckers driving through New York must complete specialized training, education, and on-the-road instruction, as well as hold possession of a valid commercial driver's license for operation of a commercial truck. Most professional truck drivers attend an independent trucking school or apprenticed with a trained driver at a trucking company.
If a New York truck driver caused an accident but did not complete the required training or licensure, a claim can and should be brought against the commercial trucking company for negligence. The same concept applies personal injury claims if the commercial trucking company did not properly maintain or service the vehicle, or if a component of the vehicle such as the brakes are found to be faulty through negligence or misconduct.
ACCIDENT INVOLVING 18-WHEELER TRACTOR-TRAILERS
Damages in a case involving an 18-wheeler tractor-trailer or similarly large type of commercial truck tend to be higher simply because the injuries in these types of trucking accidents are, by their very nature, extensive.
A loaded semi-truck can weigh in excess of 80,000 pounds while most passenger vehicles weigh around 3,000 pounds. It's not hard to do the math and see how that difference in size and weight may lead to catastrophic or fatal injuries. This greater likelihood of major and catastrophic injuries, is the very reason that commercial trucking operators are required to carry insurance with higher liability limits.
That means that there may be more insurance money available to settle a truck accident lawsuit. Only by engaging qualified, competent lawyers like a Houston truck accident attorney with The Krist Law Firm, P.C. will you be likely to receive the maximum available compensation for your injuries and losses.
PUNITIVE DAMAGES IN TEXAS TRUCK ACCIDENTS
Because each case is based on a unique set of facts and circumstances, the type and amount of compensation you may receive will depend on the individual factors surrounding your accident.
In extreme cases, truck crash lawyers may seek punitive damages if there is evidence that a party to the truck accident acted in bad faith or with the intent to harm another party. Punitive damages may be awarded under circumstances such as a trucking accident in which the driver was found to be under the influence of drugs or alcohol, or when there is evidence that the driver's employer intentionally pressured the driver to violate safety regulations. However, punitive damages verdicts are rare in Texas, and large punitive damages verdicts may be reduced at a judge's discretion.
COMPARATIVE NEGLIGENCE IN TRUCK ACCIDENTS
In New York, your actions may reduce the amount of compensation you can receive under a theory known as comparative negligence. Comparative negligence means that you contributed to your own injuries in some manner.
New York law states that the compensation you receive should be lessened in proportion to the degree of fault you contributed to your accident or injuries.
TRUCK ACCIDENT LAWYERS FAQ
HOW MUCH CAN I RECOVER IN MY BIG RIG TRUCK ACCIDENT CASE?
Once it is determined that you are entitled to recover damages because of another party's negligence, your actual damages will be assessed. These might include medical bills, loss of current and future wages, pain and suffering, and vehicle damage, among other financial compensation. In some cases, an injured party will receive additional amounts in the form of punitive damages. Punitive damages may be awarded in cases where the responsible party's actions were particularly egregious, such as in the case of a trucker texting while driving or a trucking company having prior knowledge a truck was unsafe.
The best way to understand what your case is worth is to consult with a truck accident attorney for a free case evaluation.
HOW MUCH DOES IT COST TO HIRE A TRUCK ACCIDENT LAWYER?
It costs nothing unless you recover. Most personal injury lawyers work on a contingency fee basis. This means that they will charge a fee based on the compensation you receive and you will not be charged any money — not even the costs of pursuing and taking a case to trial — unless and until you recover. Talk to your truck accident personal injury attorney first about the contingency fee structure they offer their clients in cases like yours, but typically contingency fees range between 25% – 40% of the recovery.
THE TRUCKING COMPANY'S REPRESENTATIVE WANTS TO SETTLE MY CASE RIGHT AWAY. WHY SHOULD I WAIT IF I CAN GET THE INSURANCE MONEY NOW?
The trucking company's insurance agent's job is to settle the case for as low an amount as possible. Despite what they might say or how helpful and understanding they seem to be, they do not have your interests or the best interests of your family in mind. They have a duty to protect the trucking insurance company's interests and the insurer, not to protect you.
It is unlikely that the amount they offer you will be enough to cover all of your expenses, plus the pain and suffering you may be enduring for a lifetime. An experienced truck accident attorney knows how to determine what amount is reasonable and how to negotiate a fair settlement from the insurance company. If the insurance company acts unreasonably, your attorney can seek justice on your behalf in court.