Experienced Tractor-Trailer Crash Attorneys Helping Bronx Victims Obtain Justice
A fully loaded semi-truck and trailer can approach 70 to 80 feet in length and 80,000 pounds in weight. When this relative size and mass are compared to an average passenger vehicle length of perhaps 15 feet and a weight of 4,000 pounds, it is not hard to see that people in cars, vans, and SUVs are at a substantial disadvantage in a crash. This is one of the reasons why there are many special rules for semi-trucks, 18-wheelers, and other big rigs under both New York and federal laws. At Jesse Minc Personal Injury Law, our Bronx truck accident lawyers help victims throughout the New York City area use these rules, as well as the general principles of negligence, to seek the maximum compensation to which they are entitled following a semi-truck accident.
Trucking accidents are often caused by the failure of a truck driver to operate a commercial vehicle in a reasonably prudent manner. When a trucker fails to drive safely, and a motorist, passenger, bicyclist, or pedestrian is hurt as a result, the trucker may be subject to liability for damages such as lost wages and medical expenses. The victim may also pursue damages for pain and suffering, and the accident victim’s spouse may seek payment for loss of consortium (a claim that the marriage has been disrupted due to the injured spouse’s disability). In some cases, punitive damages (sometimes called “exemplary damages”) may also be a possibility, but only if the defendant’s conduct was above and beyond ordinary negligence and part of a pattern of extremely careless and reckless behavior subjecting others to extreme danger. In New York, this generally requires proof of gross negligence or wanton and willful conduct.
Holding Trucking Companies Liable for Serious Semi-Truck Accidents
While some truck accidents are purely the fault of the truck driver who was operating the truck at the time of the crash, a trucking company’s own negligence may also have contributed to an accident. This can happen, for example, when a company encourages a driver to violate the rules concerning the maximum number of hours that a truck driver is allowed to stay behind the wheel consecutively. Truck accidents due to driver exhaustion are a growing problem in the Bronx and elsewhere in New York, and have been brought to light in recent cases such as comedian and actor Tracy Morgan’s horrible truck crash in which an exhausted Walmart truck driver nearly killed him and ultimately left him with brain damage. Liability may also lie against a trucking company if it failed to properly train or vet an employee. In some cases, had a proper background check been performed, a driver would not have been hired, or allowed to continue to drive, due to a history of previous accidents, violations of state or federal regulations, or substance abuse issues.
The burden of proof is always on the plaintiff and their attorney to prove liability in a truck accident case. This means that the plaintiff must not only file their claim in a timely fashion, but also must gather and present sufficient proof of the negligence or recklessness of the defendants to have a successful truck accident lawsuit. This can be a difficult process when someone is seriously injured in an accident, and a victim should not undertake it alone. Their physical and emotional recovery may take weeks or months, or they may even face permanent disabilities. This requires all of their time and attention, rather than navigating the legal process. As a result, a victim and their family should rely on an experienced attorney to fight for their rights. At Jesse Minc Personal Injury Law, we can put a team of professionals with a track record of success to work on your case promptly. Among other strategies, we will gather photographs and take measurements of the accident scene, interview witnesses, depose defendants and their representatives, hire experts to reconstruct the accident, and consult doctors for insights on the scope and effect of the plaintiff’s injuries and disabilities to measure the compensation that they are owed after a truck crash.
Speak with a Seasoned Trucking Accident Lawyer in the Bronx Today
Many complications can arise in a truck accident case, even if it seems fairly straightforward at the outset. Challenges may extend beyond the determination of liability to insurance issues and the process of actually collecting a judgment once it has been awarded. At the law offices of Jesse Minc Personal Injury Law, our attorneys help people throughout New York City obtain the compensation to which they are entitled following a semi-truck accident, including collisions in the Bronx, Brooklyn, Queens, and Manhattan, as well as throughout Nassau, Suffolk, and Westchester Counties. If you need to speak to a lawyer about a semi-truck accident in New York, give us a call at 718-354-8000 or contact us online. The sooner that you call, the sooner that we can get started on holding the responsible trucker or trucking outfit fully accountable for your injuries.
