Motor Vehicle Collision Attorneys Helping Victims in the Bronx and Beyond
Have you wondered why plane crashes and train accidents get so much attention in the media while, in reality, many more people lose their lives or are seriously injured in car crashes or truck accidents? Disturbingly, it is so common for someone to be injured or killed in a semi-truck or 18-wheeler accident that it is not even “newsworthy” most of the time. At Jesse Minc Personal Injury Law, our Bronx truck accident lawyers know that these tragic events happen with alarming regularity in New York City. We work hard to get fair compensation for people who are hurt or whose family members are killed by negligent truckers and trucking companies. When you are dealing with the aftermath of a serious crash, financial support can make all of the difference in reducing the burdens on you as you attempt to rebuild your life after a catastrophic truck accident.
Asserting Your Rights Following a Truck Accident
A person who suffers injuries in a motor vehicle collision caused by someone else has the burden of proving, by a preponderance of the evidence, that they are entitled to damages due to the defendant’s negligence. This usually means that the victim must show the cause of the accident, the ways in which the truck driver or trucking company acted carelessly, and the nature, extent, and future prognosis of the plaintiff’s injuries.
While a motorist or passenger hurt by a careless trucker is spending days, weeks, months or even years recovering from their serious injuries, the insurance company for the negligent trucker is busy investigating the accident, hiring various experts and other professionals, and trying to pin as much blame as possible on the plaintiff or third parties in an effort to keep the ultimate payout to an absolute minimum. While this is happening, the adjuster may be leading the accident victim to believe that the company will offer a fair settlement eventually. These dubious tactics play a role all too often in personal injury cases, whether they arise from a truck crash, a motorcycle accident, or a slip and fall on someone else’s property. Unless you have an experienced truck accident lawyer on your side, you can almost be certain that discussions with the negligent trucker’s insurance company will not go well and may even hurt your case. Our truck accident attorneys help Bronx residents protect their rights by investigating the circumstances of the crash, gathering witness testimony, enlisting experts to support the victim’s case, and taking other steps to ensure that the defendant does not tamper with evidence or otherwise interfere with the litigation process and the injured victim’s right to compensation.
Thousands of innocent people are killed in truck accidents each year, and tens of thousands more are injured. When a plaintiff is successful in a negligence case brought against a trucker or transportation company, they may be able to get compensation for current and future medical bills, pain and suffering, home modifications required due to their disability, mental anguish and emotional duress, loss of earning capacity, and property damage, among other forms of damages. In a case brought under the New York Wrongful Death laws following a tragically fatal crash, funeral and burial expenses, medical expenses, loss of consortium, and loss of past and future earnings and other economic damages may be compensable in addition to any conscious pain and suffering incurred by the truck accident victim. There are different statutes of limitations for personal injury and wrongful death cases, and complying with these important deadlines is of the utmost importance in a negligence action following a New York City truck accident. Contact our team of expert truck accident lawyers today to learn what the applicable statute of limitations may be in your case to ensure that you do not run out of time to bring your claims and hold those responsible to account.
Building Your Truck Accident Case
There are some documents and things that are needed in order to build your case.
The Police Report
One of the most important things that you will need is the police report, but it is not the only document you should provide to your attorney. The police are generally the first people who respond to an accident, so they are the first third-party at the accident scene who is able to talk to the drivers and witnesses. They are there before anything is cleaned up, so they begin an investigation as to what happened before, during, and after the accident. But the police report is only one piece of evidence among many. Sometimes they are inadequate or incomplete. And you cannot rely on what the police officer wrote in the report to clearly sway your case in one direction or another, even if you think your case is very obvious. Not all police officers are qualified to make an assessment or analyze the scene of an accident, either.
The Trucking Company Will Evaluate Your Accident
Certainly, the company will have investigators out at the site where the accident occurred to collect evidence and talk to witnesses in order to put together a narrative that they want for their truck accident cases. During this time they may call you and ask you questions about your truck accident. If you have not hired a law firm that handles truck accident cases yet, then do not talk to the insurance company. You can potentially harm your case irreparably by saying the wrong things to them or handing them over evidence that you don’t realize you’re giving to them. If the trucking company or their attorneys are calling you, then give us a call. We have experience in obtaining evidence. We also can send them a letter of spoliation, which basically protects evidence from being tampered with without first getting approval from your attorney. Unfortunately, trucking companies are looking out for themselves and could potentially destroy or alter evidence if they believe they can get away with it.
Frequently Asked Questions
In our years of experience, we have learned that people have lots of questions about truck accident claims. If you were injured by a commercial truck, tractor-trailer, or any other related type of vehicle accident, and you don’t see the answers you need here, then give us a call today to discuss your injury case with a Bronx personal injury attorney.
How are truck accident investigations conducted?
Truck accidents are very technical by nature and your attorney will have to prove that the truck driver caused your injuries. You will need substantial evidence when facing the trucking company, and anticipate a strong fight from them. You need an attorney that will exhaust all resources and go above and beyond the basic investigation that the police will conduct. Investigating truck accidents is actually a lot of work. If your case makes it to trial, then you will need to show a jury how the accident happened from a realistic and evidence-based point of view. Your injury attorneys will consult with police officers, professional trucking instructors, medical doctors and advisers, engineers, and other scientists who can explain how each of the different factors of your accident contributed to it. These experts have studied and analyzed hundreds of truck accidents. You do not want a jury assuming that truck accidents are just cut-and-dried situations and who do not understand the claims the insurance company is making, so your attorney will evaluate your case from every angle and fight for you.
Is There a Deadline for Filing a Trucking Accident Lawsuit?
In law, it’s thought of differently than a “deadline” in the way most people use the term. Every state has what are called statutes of limitations for different types of crimes that dictate how long after a certain event a case may be started based on those events. Some crimes have no statute of limitations, which means that you can bring forth a case at any time no matter how long it has been since the crime occurred. An example of such a crime is murder. However, when it comes to car accidents or personal injuries, it’s a little harder to come back several years later and say definitively that an injury or a condition was caused by an accident or someone else’s negligence, rather than any event that happened after the accident. Because of this, the courts have limited how long you have to bring forth certain types of suits. The opposing party can file a motion to dismiss your case if too much time has happened between the event and the present. They can argue that something you did in your life that had nothing to do with the defendant caused you to have your injuries, and they do not want to be responsible for them. These are the types of challenges that you hire a Bronx truck accident attorney to fight for you.
In the state of New York, the statutes of limitation can range from one year to six years depending on the type of crime. It’s important to get your claim started right away so that way you have you give the opposing party less to fight back with. The insurance company is going to say that if you were truly injured and in pain, then you would’ve gone to the emergency room right away, rather than later. The sooner you give our office a call, the better it is for your case. While you do have three years to file your personal injury claim, according to the state, you don’t want to have medical bills piling up or face other consequences of not filing your claim right away.
How can I prevent truck crashes?
It is important to note that there is no way to guarantee you will be safe from accidents, but following these tips can make it safer for you and your loved ones while driving.
Avoid Blind Spots
If you are following a truck too closely then they cannot see you. A lot of semi-trucks have stickers or warnings on the back that let you know that if you can’t see their mirrors, then they can’t see you. However, some people still get very close to trucks and it results in truck crashes.
Pass Safely and Give Plenty of Space
Some people believe that trucks are very dangerous, and while they are, sometimes cars are even more dangerous than trucks because they can zoom in and out of lanes rather quickly, and cut off trucks or other drivers. It takes a lot longer for a massive or heavier vehicle to slow down. Likewise, it takes trucks longer to speed up when moving from a complete stop. When you cut in front of a truck, then it will take a lot longer for it to slow down as a reaction to your car getting in front of it, putting you and your passengers at risk of a dangerous sideswipe or rear-end collision. Your car may be able to weave in and out of lanes a lot more easily, but the better option is to obey all traffic laws.
Distracted driving, whether you’re driving a passenger car or commercial truck, or any kind of vehicle, leads to a higher risk of accidents.