Truck Accidents

Trucks are everywhere, carrying everything from food and medicine to everything else we need for everyday life. These trucks are important to the nation’s economy but are also dangerous.

Nowhere is that more evident than in New York, where the port welcomes cargo ships from around the world, where the freight then travels throughout New York and the United States.

The increase in freight traveling through New York means that accidents are even more likely than before. Accidents with trucks are more serious due to their sheer size and weight.

A typical passenger vehicle weighs about 3,000 pounds and a trip pickup truck between 4,000 and 6,000 pounds. A loaded 18-Wheeler weighs around 80,000 pounds. A Truck hitting a passenger car or pickup truck will do so with the strength of 20 or more cars at once.

Why Truck Accidents Are Much More Complicated

When you have a car accident with another car, you only deal with one party and their insurance company. With a Truck, multiple parties are involved:

• The truck’s driver
• The company that hires and or employs the driver
• The truck and trailer owner
• The company and employees that loaded and secured the freight in the trailer
• Freight shippers—this could be one company, or more than one if the truck was transporting a “less than truckload” load of freight for several companies
• The truck’s manufacturer
• Manufacturer of truck parts (i.e., tires, brake pads, etc.)
• Other companies involved in the trip, such as a third-party logistics company, or 3PL
• The municipality responsible for road repair and conditions

Litigation can be even more complex if the trucking company is outside New York.

Causes of Truck accidents

Regulations for the trucking industry come from the Federal Motor Carrier Safety Administration (FMCSA). This agency regulates the number of hours and consecutive hours that a driver can drive per day and week. The agency also requires that owners regularly perform maintenance checks on their vehicles in service.

The United States also is facing a shortage of qualified truck drivers, at a time where even more freight is traveling the country. One consequence of this phenomenon is when a company encourages its drivers to drive faster, or longer than they are allowed to by law. This leads to drivers speeding and too fatigued to drive, increasing the potential of an accident.

Some of the most common causes for crashes include:

• A detached trailer, when a hitch doesn’t hold the trailer onto the tractor. This could happen during an accident, or because the hitch is faulty.
• A rollover caused by an improperly loaded or otherwise unbalanced trailer or tire blowout
• Accidents while turning. Trucks need a wide berth to turn either left or right. Passenger vehicles can be caught on the truck’s right side and the embankment, then crushed. The vehicles can also be side-swiped.
• Incorrectly loaded freight can also fall out of a truck leading to injuries and damages
• Jackknifing, when the driver brakes too fast, the trailer can swing into a 90-degree angle and cause damage to any vehicle in the immediate area
• Vehicles can also slide underneath tractors during a rear-end or side collision
• Drivers who:
  • Speed
  • Are inexperienced
  • Drive under the influence of alcohol, or drugs
  • Fail to check the truck before turning on the engine not realizing that there is a maintenance problem

Smaller vehicles caught near a Truck face more damage than if they collided with another car.

Trucks Cause Big Damages

The sheer weight and size of an 18-wheeler is devastating for anything that gets in its way. Someone in a passenger vehicle will receive the usual injuries such as broken bones, back problems, brain injuries, amputations, burns, and others, but much more severe. Unfortunately, catastrophic injuries and even death are much more common in a truck accident.

As a plaintiff, you can pursue damages after the accident, including:

• Medical bills, current, and future
  • Including expenses such as physical therapy, rehabilitation, diagnostics, prescriptions, and other treatments
• Lost wages
• Loss of future earning capacity
• Loss of limbs
• Disability, and or permanent injury
• Loss or damage of property
• Pain and suffering
• Mental and emotional suffering
• Adaptive modifications for both home and transportation., such as wheelchair ramps, lifts, and other updates.

If you have lost a loved one to a truck accident, you can also file a wrongful death lawsuit. The suit can be for these damages, including funeral, burial and other final expenses, and final medical expenses from the date of the accident until the person passed away.

A Word About Insurance Companies In Case Of Truck Accident In New York City

Transportation companies have a powerful legal team at their disposal. As soon as the company learns about the accident, they immediately dispatch. A team of investigators to gather evidence and review witnesses to defend any claims they may face in the future.

Insurance companies representing any transportation company have one goal in mind: to avoid paying any claim or paying very little.

The insurance company’s tactic is to contact a victim or their family quickly to offer them a settlement, which is only a fraction of what is needed. An adjuster will make a comment such as “we are accepting responsibility for the accident.”  The idea is to convince you that this is all they will be paying and that you should not hire a lawyer. But once you accept their offer, you will never be able to recover any additional compensation. Will the settlement be enough?

Do not fall for this common tactic—get a New York Truck accident lawyer on your side.

As a victim, it is up to you to defend yourself against the responsible party, their lawyers, and their insurers. That is why working with a New York Truck accident attorney is vital for not only collecting compensation but holding the responsible parties accountable.

If you receive a phone call from someone representing the trucking company, their legal team, or their insurance company, politely refer them to your personal injury attorney. DO NOT give anyone any accident information, including a recorded statement. Otherwise, you could be losing out on thousands of dollars in needed compensation.

BigLawsuit Can Help You With A Truck Accident

Don’t let anyone talk you out of filing a claim or pursuing a lawsuit after a truck accident in New York. You could lose thousands of dollars in compensation that you need to take care of yourself, your family, and heal your injuries so you can get back to your life. It is vital that you work with an experienced truck accident lawyer who will protect your rights and get you the maximum compensation available.

BigLawsuit’s Truck accident attorneys understand you are experiencing a difficult time with severe injuries and being out of work. Call us at (888) 998-7165 or tell us about your case using our online contact form. We will review your case at no charge and let you know about your legal options with no obligation.