Guide to Finding NY Truck Accident Lawyer

What is a New York Truck Accident Lawyer?

A NY truck accident lawyer is qualified to practice law in the state of New York and often specializes in personal injury law. Truck accidents are a unique type of accident, and in the state of NY, numerous variables and concerns go into such a case. There often multiple parties involved in the lawsuit including the victim, the truck driver, the insurance companies, the truck driver’s company, and any number of witnesses and other individuals. These types of accidents are often common around the New York City metropolis, but truck accidents occur throughout the entire state on a regular basis.

NY Truck Accident Lawyer : What are the common causes of truck accidents?

Although many truck accidents occur in NY because of the driver’s negligence or unsafe driving, a collision can occur because of mechanical problems as well. Trucks often lose treads, undergo numerous trailer complications, encounter engine problems, and suffer from normal wear and tear that may result in an accident.

If you are involved in any type of truck accident (whether you are the driver of the truck or not), you should immediately contact a certified and experienced New York truck accident lawyer will often seek and advertise to help victims who have been hit by a truck or been involved in a similar accident. A compensation lawyer may help a truck driver if the accident was truly accident and he or she had no control in the result. However, most New York truck accident lawyer go after the truck drivers because of the following reasons:

• the truck driver crosses the yellow line and heads into opposing traffic

• it can be proven the truck driver was under the influence of alcohol or other drugs

• the driver attempted unsafe passing or followed too closely

• the driver was driving recklessly or speeding

• the driver failed to stop at a stop sign, pedestrian crossing, or stop sign

• the driver entered an area that prohibited trucks and caused an accident

What steps should I take if I’m involved in a truck accident?

If you are involved in an accident with a truck (or let alone any vehicle), you should contact authorities as soon as possible if you’re severely injured. You should also attempt to take pictures of the accident scene, locate witnesses that saw the accident in its entirety, and take down the witnesses’ information. All of this evidence may prove beneficial in a court hearing.

The next step you should take after authorities arrive at the accident scene and file official reports involves contacting a personal injury lawyer. Some personal injury lawyers in NY specialize in truck accident cases, and a specific search on the internet or through New York’s lawyer referral service will help you contact the appropriate attorney. Once you’ve contacted an attorney in NY, listen carefully to their instructions of what to do next.

A NY Truck Accident Lawyer will often tell you to do several things right away:

1) He or she will often recommend that you file a no-fault claim with an insurance company if your compensation will most likely cover medical costs and damages to your vehicle. It’s often important to undergo all of the proper medical treatment offered to you in case you pursue further compensation farther down the road.

2) Your New York truck accident lawyer will almost definitely tell you to avoid speaking with the truck company’s insurance company. The truck company’s insurance will often badger you in order to receive statements and even try to settle upon an agreement right away. Don’t agree to anything, and again, you should just avoid speaking with the other insurance company. They are most likely trying to reach a cheap settlement and have you sign a release form which saves them from being sued by you.

Why are NY Truck Accident Lawsuits so Complicated?

A number of issues can affect a truck accident case in NY. The state of New York has very unique and specific laws regarding any traffic accident, and these laws extend into truck accidents. A number of procedures between a truck driver and their company can complicate a case, and a number of factors can prohibit a person from seeking further compensation other than medical expenses and car repairs. The following procedures may complicate a truck accident lawsuit in the state of NY:

1) Vicarious Liability

This law is unique to New York and some other states. Normally, the owner of any car or other vehicle is responsible for any action associated with another person driving their car, including an accident. However, NY is unique. Under the statute of vicarious liability, a person with consent to operate another person’s vehicle holds sole responsibility for anything that happens while they are operating the vehicle.

• How does this affect a truck driving case? Well, if a truck company faces a lawsuit as the “respondent superior,” meaning they are responsible for their truck driver’s actions, the company will often argue that the truck driver is an independent contractor. The company will often try their best to argue the truck driver was operating off of company time for personal reasons.

2) Pain and Suffering

Since the state of New York has a “no-fault” insurance law, it often prevents a victim and their New York truck accident lawyer from receiving more compensation past medical cost and vehicle expenses. Yes, the “no-fault” law allows a person to receive money for their automotive and medical bills more easily, but a defendant can often argue that no further compensation is needed after the initial hearing. If a plaintiff didn’t specifically and closely follow recommended medical procedure, the defendant is not entitled to pay further compensation in NY. However, pain and suffering compensation can result from the following situations:

• death

• loss of a fetus

• disfigurement or other similar, permanent harm

• mobility limitation or complete disability

*Note: The above injuries or losses are only limited examples of what might allow an individual to receive further compensation for pain and suffering in NY. You should always talk to your New York truck accident lawyer if you have further concerns.