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3 years ago
How to Ensure That You Receive FULL Compensation for Your Truck Accident in Long Island, New York Large commercial trucks – so-called “big-rigs” or “tractor-trailers” or “18-wheelers” – are a common sight on America’s highways and are crucial to moving large quantities of goods from one location to another. Nonetheless, whether a truck’s cargo is […]
Large commercial trucks – so-called “big-rigs” or “tractor-trailers” or “18-wheelers” – are a common sight on America’s highways and are crucial to moving large quantities of goods from one location to another. Nonetheless, whether a truck’s cargo is traveling across the country or across town, a commercial vehicle on the roadway can be a dangerous – even deadly – instrument that can cause you and your family significant physical and financial harm.
Parker Waichman LLP represents 18-wheeler tractor trailer truck accident victims and their families in Long Island, New York and throughout the United States. If you lost a loved one or if you have been injured, do not delay in protecting your legal rights and vital accident evidence. Call 1-800-YOURLAWYER (1-800-968-7529) and speak with Parker Waichman LLP’s caring and dedicated attorneys today about your truck accident case.
For this reason, agencies under the supervisory umbrella of the U.S. Department of Transportation – including the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration – all work toward the goal of increasing truck safety through research and policy recommendations, enacting and enforcing regulations governing commercial drivers, and educating members of the general public on how they might remain safe while sharing the road with a truck or other commercial vehicle. These efforts, however, cannot prevent all truck crashes: consider the following statistics from the Fatality Analysis Reporting System (FARS) from 2015:
What these statistics and records mean is that truck crashes are on the rise, and with this increase in the number of truck crashes comes an increased risk that you or your loved ones will be hurt or killed.
While many of the same factors, circumstances, and bad decisions that lead to car accidents also cause truck accidents to occur, a car wreck and a truck crash are different in many important regards. Most notably, the sheer size and mass of a truck as compared to the typical passenger car are significantly greater. This alone means that when a truck collides with a passenger car, it is transferring an exponentially-greater amount of injurious energy to the occupants of the passenger car. When greater energy is transferred as part of a crash, the risk of serious and fatal injuries also increases. For this reason, while it is always important to seek medical attention after any motor vehicle crash, this becomes even more important after a collision with a commercial truck.
Additionally, obtaining compensation for your losses and injuries after a truck crash may be more complex than filing a trucking accident claim with an insurance company or bringing a personal injury lawsuit against the driver. This is because many commercial trucks and/or the drivers who operate them may be considered to be “on the job” when a collision occurs. This means that another potentially liable party – the employer and/or owner of the truck or trailer – is present in many truck accident cases. The employer and/or owner of the truck may be potentially liable in whole or in part for the crash, and this must be assessed along with the negligent or careless acts of the driver. Failing to do so could result in a monetary damages award that is less than what is potentially could or should be to thoroughly compensate you for all of your losses and expenses.
One final, unique feature of truck accident cases is that important evidence relevant to your case – maintenance records of the truck, the driver’s personnel file, “dash cam” footage from the truck, etc. – can be irretrievably lost if prompt action is not taken requiring the custodian of these records and evidence to preserve this important information. Businesses which maintain records as part of their operations will typically have policies in place whereby records will be archived or destroyed after a certain period of time. Preservation orders issued in connection with your truck crash lawsuit can stop these records from being destroyed and help ensure they are available when you need them, but these orders must be entered quickly.
One of the most frequently-asked questions individuals have following a truck crash involving themselves or a loved one is whether there is any legal recourse available. Truck crashes and accidents that come about because the truck driver made a careless or reckless decision may lead to a successful truck accident lawsuit. This is because the law permits injury victims (including those hurt in truck crashes) to file lawsuits and obtain compensation from individuals and/or businesses who injure or harm others through behavior that is considered to be careless, negligent, and/or reckless. This means that truck drivers who engage in the following behaviors may be held responsible if such behavior is the cause of or contributes to your injuries and losses:
For Long Island truck accident injury victims, it is important to know that expenses and other losses that can be attributed to a careless or reckless truck driver – that is, those expenses and costs that you incurred or will incur because of the truck driver’s behavior – can be compensated through a successful truck crash lawsuit.
Common expenses that can be recovered include:
Your Long Island Truck Accident Lawyer from Parker Waichman LLP will help ensure your truck accident lawsuit successfully and fully compensates you for your injuries so that you are not required to bear the burden that a truck driver’s careless decisions and reckless behavior created.
You only have a short period time in which to file your lawsuit, however. The laws of each state will only permit a truck crash lawsuit to be filed if it is filed shortly (within a few years) of the date of the crash. A Long Island truck accident injury case filed after this time period is easily dismissed and defeated without you receiving any compensation whatsoever. It is imperative, therefore, that you take action swiftly after your truck accident in order to preserve your ability to receive compensation.
Truck accident lawsuits in Long Island will generally proceed through four distinct phases or stages. The time that any given truck accident case requires in order to proceed from one stage to the next will depend on a host of factors, some of which may be beyond your ability or the ability of your attorney to control. Some truck crash cases may only take a few months to reach a resolution, while others may drag on for a year or more. The four stages are:
While retaining an attorney does not guarantee your case will be resolved quickly, legal counsel can help keep your case on track and moving at a reasonable pace. At Parker Waichman LLP, we want our clients to be compensated – and compensated appropriately. Our recovery team will work hard to move your case efficiently and expeditiously through the civil justice system without sacrificing your chances of success.
Filing and prosecuting a truck crash lawsuit takes a considerable amount of legal knowledge and persuasive abilities. Whether researching case law and statutes or clearly explaining how a truck driver’s decision led to your injuries and accidents, Parker Waichman LLP’s legal team provides you with a significant advantage in your truck crash lawsuit. Our truck accident attorneys are intimately familiar with the laws applicable in truck accident cases and are skilled in protecting your rights in and out of the courtroom. We file legal motions, locate and preserve evidence, comply with legitimate discovery requests, and present our clients’ cases with care and professionalism – all so our clients do not need to worry themselves with completing such tasks themselves.
Your dedicated and compassionate advocates at Parker Waichman LLP understand and appreciate the devastating consequences that follow when a Long Island truck driver does not take care when behind the wheel of a commercial truck. The physical, mental, and emotional pain can be truly devastating when one considers that these injuries and losses are usually accompanied by astronomical medical bills, a decrease in earnings and earning potential, rehabilitation and therapy costs, funeral expenses, and other financial burdens.
We promise to use our firm’s resources and years of experience to assist you in obtaining compensation from the at-fault truck driver. Our firm has obtained over $2 billion in monetary damages for our clients through zealous advocacy in and out of the courtroom. Our firm’s successes and commitment to our clients have also earned us numerous accolades from our peers and clients alike. Let us assist you in your recovery: contact Parker Waichman LLP by phone or online today.
Trust Parker Waichman LLP to handle your truck accident case with skill and expertise. From the moment that we take your case, our law firm will devote our resources to helping gather and preserve the testimony of witnesses and evidence you will need in order for your case to be successful. Our experienced legal team desires to help alleviate as many of the stresses associated with prosecuting a truck crash injury claim as possible so you can focus on what truly matters: your health, your family, and your future. Speak with your Parker Waichman LLP truck accident recovery team as soon as possible.
A truck crash in any state and under any circumstances is a tragedy that may affect your life and/or the life of your loved ones for years to come. Even if you or your loved one survive this ordeal, you may face hundreds of thousands of dollars’ worth of costs and expenses as a result. Your ability to recover, to return to a “normal” life, and to enjoy life itself may all be contingent on whether or not you have adequate financial resources. Parker Waichman LLP is here to help ensure you do receive adequate and fair compensation for your truck crash injuries.
We will review the facts and circumstances that led to your truck crash with you and help you understand your potential legal rights. We will consult with you, advise you on how to protect these legal rights, and we will assist you in so doing through a truck injury lawsuit. Talk with Parker Waichman LLP about your truck crash case today.
Do not delay any longer: call 1-800-YOURLAWYER (1-800-968-7529) and speak with Parker Waichman LLP’s caring and dedicated legal team today about your truck crash case.