New York City Truck Accident Lawyers

Key Takeaways

• The Orlow Firm specializes in representing victims of trucking accidents in New York City.
• Understanding who is legally liable in a truck accident can be complex but crucial for your case.
• The statute of limitations in New York for personal injury claims is three years, so time is of the essence.

How The Orlow Firm Can Help Maximize Your Case

When you’ve been involved in a truck accident in New York City, the path to justice and fair compensation can be fraught with challenges. At The Orlow Firm, we’re committed to navigating this complex landscape on your behalf to maximize your case. Our law firm has an in-depth understanding of the local laws and regulations surrounding truck accidents gives us a unique edge in representing your interests effectively.

One of the critical aspects that set us apart is our willingness to utilize the expertise of truck accident reconstruction experts and other specialist witnesses. By doing so, we can create a comprehensive picture of what happened during the truck accident to establish fault definitively. These expert analyses can dissect the minutiae of the truck accident scene, driver behavior, road conditions, and mechanical aspects of the involved vehicles, strengthening your truck accident case in ways that basic evidence might not.

In addition, we don’t just stop at negotiating with commercial insurance companies; we’re prepared to take your truck accident injuries case to trial to ensure you receive the compensation you deserve. From medical expenses to lost wages and emotional suffering, we cover all facets to make sure nothing is left on the table. Choose The Orlow Firm, and rest assured, your case is in the hands of seasoned New York City Truck Accident Lawyers committed to maximizing your settlement or verdict.

Read more about our New York truck accident investigations here.

Common New York Truck Accident Injuries

New York truck accidents often result in catastrophic injuries due to the sheer size and weight of commercial trucks compared to passenger vehicles. These incidents can leave truck accident victims with life-altering consequences, not just physically but emotionally and financially as well. Below are some common types of injuries that victims may sustain in truck accidents in New York City:

Whiplash and Neck Injuries

Sudden stops or changes in speed can result in whiplash, causing significant neck pain and potentially leading to more severe spinal issues.

Traumatic Brain Injuries (TBI)

High-impact truck collisions can result in traumatic brain injuries, ranging from mild concussions to severe cognitive and motor skill impairments.

Spinal Cord Injuries

Severe truck accidents often lead to serious injuries like spinal cord injuries that can cause paralysis or other long-term disabilities.

Fractures and Broken Bones

The force of a truck collision can easily result in fractured or broken bones, requiring surgery and extensive rehabilitation.

Internal Injuries

Organs such as the lungs, liver, and spleen may suffer damage due to the force of the accident, requiring immediate medical attention.

Lacerations and Cuts

Broken glass and metal can cause serious lacerations that may lead to significant blood loss or infection if not treated promptly.

Burns

Fuel leaks and fires resulting from a collision can cause severe burns, requiring specialized medical care and possibly leading to permanent disfigurement.

Emotional and Psychological Trauma

The psychological impact of a truck accident should not be underestimated. Truck accident victims often experience symptoms of PTSD, anxiety, and depression.

Wrongful Death

In the most tragic cases, truck accidents can result in fatalities, leading to wrongful death claims on behalf of the deceased’s family.

If you or a loved one has suffered from any of these injuries due to a truck accident in NYC, it is crucial to consult with an experienced truck accident attorney immediately. We can help you navigate the complex legal landscape to ensure that you receive the compensation you deserve for your injuries, lost wages, and other damages.

Don’t hesitate to take action. Call us today at (646) 647-3398 to speak with experienced NYC truck accident attorneys.

Who’s Legally Liable?

Determining who is legally liable in a truck accident in New York City is a complex endeavor that requires expert legal insight. Unlike typical motor vehicle accidents involving only private citizens, truck accidents often include multiple parties, each of which may bear some degree of responsibility. At The Orlow Firm, we delve deep into the details to accurately identify all the liable parties, providing you a more comprehensive path for compensation.

Firstly, the truck driver themselves can be held liable, especially if reckless driving, fatigue, or substance abuse played a role in the accident. However, it rarely ends there. The trucking company that employed the truck driver can also be held responsible under the legal theory of “respondeat superior,” which attributes an employee’s actions during the scope of their work to the employer.

Additionally, if a defective part or mechanical failure led to the accident, the manufacturer of the truck or its components could also be held liable. Furthermore, in some cases, even government bodies responsible for road design and maintenance can be held accountable for contributing to the conditions that caused the accident.

Navigating this maze of potential liability is not something you should attempt alone. With The Orlow Firm’s extensive experience in New York trucking accident law, we ensure that no stone is left unturned in identifying all parties that should be held accountable, maximizing your opportunity for a just settlement or verdict.

What Can You Be Compensated For?

In the aftermath of a truck accident in New York City, the financial and emotional toll can be overwhelming. The good news is, under New York law, you have the right to seek compensation for a wide range of losses, aimed at putting you back in the position you would have been had the accident not occurred.

At The Orlow Firm, we fight for you to be compensated for:

• Medical expenses: This includes not just immediate medical bills, but also future medical care, surgeries, and rehabilitation services.
• Lost Wages: Many truck accident victims are unable to work, either temporarily or permanently. You can claim lost wages and even loss of future earnings capacity.
• Pain and Suffering: These are known as non-economic damages, covering emotional distress, loss of enjoyment of life, and physical pain you’ve endured.
• Property Damage: The cost of repairing or replacing your vehicle can also be claimed.

In some cases, punitive damages may be awarded in a truck accident lawsuit, particularly if the defendant’s behavior was exceptionally reckless.

By partnering with The Orlow Firm, you maximize your chances of covering the complete spectrum of your losses, ensuring a comprehensive financial recovery to help you move forward with your life.

Common Causes of Truck Accidents

Truck accidents can have devastating consequences, causing severe injuries or even fatalities. The causes of these accidents can be numerous and complex, often involving multiple factors. It’s crucial to understand the common causes to protect your rights and secure the compensation you deserve. If you’ve been involved in a truck accident in New York City, consult with NYC truck accident attorneys to explore your legal options. Below are some of the frequent causes of truck accidents:

Truck Driver Fatigue

Long hours on the road can lead to truck driver fatigue, affecting reaction times and decision-making skills. Federal Hours of Service regulations are designed to prevent this, but they are not always adhered to.

Speeding and Reckless Driving

The pressure to meet delivery deadlines can lead truck drivers to exceed speed limits or engage in risky driving behaviors, increasing the likelihood of an accident.

Distracted Driving

Texting, talking on the phone, or using in-cab entertainment can divert a truck driver’s attention from the road, leading to disastrous consequences.

Impaired Driving

Operating a truck under the influence of alcohol or drugs significantly impairs a truck driver and their ability to react to road conditions and traffic, making accidents more likely.

Mechanical Failures

Brake failures, tire blowouts, and engine malfunctions are examples of mechanical issues that can lead to accidents. Proper maintenance is essential but sometimes overlooked.

Inadequate Training

Lack of proper training in driving large commercial trucks and handling emergency situations can contribute to accidents.

Weather Conditions

Rain, snow, fog, and icy roads can make driving hazardous, particularly for large trucks that require greater stopping distances.

Cargo Issues

Overloading or improperly securing cargo can cause balance problems, making the truck difficult to control, especially during turns or sudden stops.

Blind Spots

Large trucks have significant blind spots where smaller vehicles are not visible, leading to lane-change or merging accidents.

Road Design and Conditions

Poorly designed or poorly maintained roads, lack of signage, and inadequate lighting can contribute to accidents, particularly if the truck driver is unfamiliar with the road.

Other Drivers

Sometimes the actions of other road users, such as cutting off a truck or braking suddenly, can lead to accidents.

If you or a loved one has been injured in a commercial truck accident caused by any of these factors, it’s vital to seek legal advice immediately. New York City truck accident attorneys can help you navigate the complicated legal landscape and fight for the compensation you’re entitled to.

Don’t wait to take the first step towards justice. Call us today at (646) 647-3398 to consult with experienced NYC truck accident attorneys.

Statute of Limitations

In New York, time is of the essence if you’ve been involved in a commercial truck accident. The state imposes a statute of limitations, which is a time limit within which you must file your personal injury claim. Specifically, for truck accident cases in New York, the statute of limitations is three years from the date of the accident. Failing to file your claim within this period can result in the loss of your right to seek any compensation for your injuries, medical expenses, and other damages.

While three years may seem like ample time, the reality is that truck accident cases can be complex and require thorough investigation. Gathering evidence, consulting with experts, and identifying all liable parties takes time and resources. The sooner you initiate the legal process, the better your chances of preserving critical evidence and witness testimony.

It’s worth noting that there are exceptions to the three-year rule. For example, if the injured party is a minor, the statute of limitations may be extended. Also, if the liable party is a government entity, special rules and shorter deadlines, known as “Notice of Claim” requirements, could apply.

Because the clock starts ticking immediately after your accident, it’s crucial to consult with an experienced New York Truck Accident Lawyer like those at The Orlow Firm. We can guide you through the intricacies of these time-sensitive issues, maximizing your chances for a successful outcome.

The Truck Accident Claims Process

Navigating the claims process after a truck accident can be complex and overwhelming. Knowing what to expect can ease your anxiety and help you make informed decisions at every step. If you or a loved one has been involved in a truck accident in New York City, it’s essential to consult with a NYC truck accident lawyer for personalized guidance and to recover compensation. Here is a general overview of the claims process:

Immediate Steps Post-Accident

Once the accident occurs, the first priority is to seek medical attention. Simultaneously, it’s crucial to gather evidence at the scene if possible, including photographs, witness statements, and police reports.

Initial Consultation

Consult with an experienced truck accident lawyer as soon as possible. They can review your case, advise on the best course of action, and may work on a contingency fee basis, meaning they only get paid if you win your case.

Investigation

Your attorney will conduct a thorough investigation to gather evidence such as driver logs, vehicle maintenance records, and other data that can help build a strong case.

Negotiation with Insurance Companies

Before filing a lawsuit, your lawyer will usually try to negotiate a fair settlement with the insurance company representing the trucking company or driver. This involves submitting a demand package outlining your injuries, medical bills, lost wages, and other damages.

Filing a Lawsuit

If negotiations don’t lead to a satisfactory settlement, your attorney will file a lawsuit on your behalf. This initiates the discovery phase, where both sides exchange information.

Pre-Trial Motions and Mediation

Prior to going to trial, there are often opportunities for either side to file motions to resolve the case early. Sometimes, a mediator may facilitate negotiations between the parties to reach a settlement.

Trial

If a settlement is not reached, the case will go to trial. Here, both sides present their arguments, witnesses are called, and evidence is presented. A judge or jury will then make a verdict, determining fault and the amount of compensation, if any.

Post-Trial and Appeals

After the trial, either party has the option to appeal the verdict. If you win your case, the next step is collecting the awarded compensation.

The claims process can be lengthy and emotionally draining, but an experienced lawyer can guide you through it and advocate on your behalf to help you get the compensation you deserve.

Don’t navigate this complex process alone. Call us today at (646) 647-3398 to recover compensation and consult with an experienced NYC truck accident attorney.

Different Types of Trucks Involved in Accidents

Truck accidents in New York City can involve various types of commercial vehicles, each presenting unique risks and challenges. Understanding the type of truck involved in an accident is crucial for identifying the liable parties (and their insurance companies) and the applicable laws and regulations. If you’ve been involved in an accident with any of the following types of trucks, reach out to our New York truck accident attorney to evaluate your case. Here are some common types of trucks often involved in accidents:

Tractor-Trailers (18-Wheelers)

These are large, articulated trucks with a towing engine and a trailer. Due to their size and weight, tractor-trailer accidents often result in severe injuries and extensive property damage.

Garbage Trucks

Garbage trucks have frequent stops and starts, often in residential areas. Accidents can occur due to sudden stops, blind spots, or even falling debris.

Delivery Trucks

These smaller trucks, like UPS or FedEx vehicles, navigate through busy streets and residential areas. Accidents can happen due to double-parking, quick stops, or distracted driving.

Tanker Trucks

These trucks carry liquids or gases, some of which may be hazardous. Accidents involving tanker trucks can result in spills, creating additional risks such as fires or chemical exposure.

Dump Trucks

Often used in construction, these trucks carry heavy loads of loose materials. Accidents can happen due to load imbalance, blind spots, or vehicle malfunctions.

Flatbed Trucks

These trucks have an open bed without sides or a roof, used to carry oversized loads. Accidents can occur if the cargo is not properly secured, leading to falling objects on the road.

Tow Trucks

Used to haul disabled, impounded, or improperly parked vehicles, tow trucks can pose risks due to their size and the nature of their work, often on the sides of busy roads.

Box Trucks

Also known as cube trucks, these vehicles are commonly used for moving furniture or making local deliveries. Their large blind spots and cumbersome size can make them prone to accidents.

Cement Mixers

These trucks carry and mix cement on the way to construction sites. Their heavy weight and high center of gravity can make them difficult to control, leading to rollovers or collisions.

Refrigerated Trucks

These are designed to carry perishable goods and are often on tight delivery schedules, leading to speeding or other risky driving behaviors.

If you’ve been in an accident involving any of these types of trucks, it’s crucial to consult with a New York truck accident lawyer to protect your rights and pursue compensation for your injuries.

Take the necessary steps to secure your future. Call us today at (646) 647-3398 for a free consultation with an experienced New York truck accident lawyer.

Prevention Methods

While truck accidents can have devastating consequences, many of them are preventable through proactive measures and safe driving practices. For both truck drivers and passenger vehicle operators, awareness and precaution can significantly reduce the risk of accidents on New York City roads. At The Orlow Firm, we believe that understanding these prevention methods can serve as a first line of defense against unfortunate incidents.

For drivers of passenger vehicles, always maintain a safe distance when driving behind or alongside trucks. Trucks have much longer stopping distances and large blind spots, making close proximity risky. Moreover, avoid “cutting off” a truck, as it requires a much longer distance to come to a complete stop compared to smaller vehicles.

Truck drivers themselves can take measures like adhering to speed limits, following Hours-of-Service regulations to avoid driver fatigue, and ensuring regular maintenance checks to prevent mechanical failures. Proper loading of cargo is also essential to prevent imbalance, which could lead to tipping or loss of control.

For all drivers, staying alert and focused is key. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accounted for 8.5% of fatal motor vehicle crashes in 2019. Source

Prevention is always better than cure. By practicing these preventative measures, you can contribute to making New York City roads safer for everyone. But if you do find yourself in an unfortunate situation involving a truck accident, The Orlow Firm is here to help you navigate the complexities of the legal landscape and we always offer a free consultation.

Frequently Asked Questions

1. What should I do immediately after a truck accident?

• Immediately after truck crashes in New York City, your first priority should be to ensure your safety and that of others involved. Call 911 to report the accident and seek medical attention, even if you think your injuries are minor, as some symptoms may not appear immediately. Then, if possible, collect evidence such as photographs, witness information, and insurance details from the other parties involved, as this will be crucial for your case moving forward.

2. How long will it take to settle my case?

• The timeframe to settle a truck accident claim in New York City can vary widely, depending on the complexity of the case, the number of parties involved, and the willingness of insurance companies to negotiate. While some cases may reach a settlement in a matter of months, others, particularly those involving serious injuries or multiple liable parties, may take years to resolve fully. At The Orlow Firm, we work diligently to expedite the process, but our primary focus is on securing the maximum compensation you deserve, even if that requires going to trial.

3. Can I still claim compensation if I was partially at fault?

• Yes, you can still claim compensation if you were partially at fault for the truck accident in New York City, thanks to the state’s “comparative negligence” law. This law allows your compensation to be reduced by the percentage of your fault, but it doesn’t bar you from recovery entirely. The team at The Orlow Firm can expertly navigate this legal terrain to ensure you receive the fairest possible settlement, even if you share some of the blame.

4. What are the most common causes of trucking accidents?

• The most common causes of truck collisions in New York City include driver fatigue, distracted driving, and reckless driving such as speeding or tailgating. Mechanical failures, such as brake malfunctions or tire blowouts, as well as improper loading of cargo, also contribute to a significant number of incidents. Understanding these causes can help in identifying the liable parties and strengthening your case with The Orlow Firm.

5. How much are truck accident settlements worth?

• The value of truck accident settlements in New York City can vary widely depending on the specifics of the case, such as the severity of the injuries, the level of negligence involved, and the amount of insurance coverage available. While minor accidents may result in settlements of a few thousand dollars, severe or fatal incidents can lead to settlements or verdicts in the millions. The Orlow Firm is dedicated to securing the maximum compensation for your unique circumstances, making sure you are adequately compensated for all your losses.

Why Choose The Orlow Firm?

At The Orlow Firm, we believe in providing personalized attention to each client, taking the time to understand the intricacies of your case. Our specialized experience as New York Truck Accident Lawyers enables us to offer you the best legal representation, maximizing your chances for a successful outcome. If you or a loved one has been involved in a truck accident in New York City, don’t leave your future to chance. Contact The Orlow Firm to ensure you have experienced truck accident attorneys fighting for your rights. Our specialized team of attorneys, investigators, and expert witnesses work cohesively to build a robust case tailored to maximize your compensation. With a proven track record of securing favorable settlements and verdicts, The Orlow Firm is your first line of defense in turning a traumatic experience into a pathway for justice and recovery. If the insurance company is unwilling to table a serious offer, we are always prepared to file a truck accident lawsuit on your behalf.

Don’t let another day go by without taking the first step towards justice. Contact The Orlow Firm today for a free consultation. (646) 647-3398