New York Truck Accident Lawyers

Common Causes of Truck Accidents

There are a variety of reasons that trucking accidents occur, and some of them truly cannot be helped or avoided. These are the type that is beyond the control of the truck driver, but they still have the potential of causing serious injury and losses. These situations are one of the reasons why auto insurance exists and should be kept active by all drivers.

In other situations, the New York City truck drivers are definitely responsible for the truck accident and should be held accountable for their negligence.

Our truck accident lawyers at Gregory Spektor & Associates in New York have represented truck accident victims in circumstances which include:

• Driver Fatigue: When it comes to driving commercial trucks, it is a commonly heard complaint that the trucking company is forcing drivers to extend their shifts beyond the legally mandated maximum in order to make it to the delivery location on time. Driving a large commercial truck is exhausting work, especially when the driver is behind the wheel for more than 8-10 hours at a time. If the driver opts to extend his shift which is also against the rules, this can also cause serious fatigue. Without rests and breaks, a truck driver can become extremely tired and not be able to drive as well as usual. This often leads to a serious truck accident involving other cars on the road.

• Improper Truck Loading: One of the worst things for tractor trailers to be is unsteady on the road because of an improper load. If the cargo was not strapped down correctly or using the right kinds of straps or if the truck was haphazardly loaded, it can present a serious danger on the road, especially if that truck is carrying hazardous materials. When the driver goes up a hill or takes a turn, a poorly loaded truck could load some of its cargo and cause severe commercial truck accidents.

• Overloaded Trucks: Depending on the type and size of the truck, there are certain weight limits that must be followed. If the weight limit is not followed and there is more cargo on the truck than it can handle, large truck crashes may occur and cause severe truck accident injuries.

• Bad Weather: Obviously, the state of the weather is beyond the control of an individual truck driver, but it is up to the drivers of commercial vehicles to pull over in inclement weather in order to avoid a potential truck crash. Driving through a terrible storm with very low visibility is not worth the risk of causing a large commercial truck accident just to get the cargo to its destination on time.

• Improperly Maintained Trucks: It is the duty of the drivers of commercial trucks to ensure that their vehicles are properly maintained and checked prior to their departure. Ignoring the maintenance requirements and industry standards can be the cause of a truck crash and serious injuries as a result.

• Truck Malfunctions: There are occasions when the truck itself malfunctions unexpectedly, and the driver may not be able to respond and correct the issue before it causes a serious crash. If a defective truck component results in unsafe vehicles on the road, the manufacturer or designer may be held liable for the injuries as well as medical expenses (and even future medical expenses) of the victims. Things such as brake malfunctions and tire defects can have disastrous effects on the road.

• Intentional Recklessness of the Truck Driver: Each driver on the road (trucks, cars, SUVs, etc.) is responsible for following the basic rules of the road. When a semi-truck driver disobeys traffic laws by speeding, aggressive driving, changing lanes improperly, not signaling, tail gaiting, and other rules, it can have serious repercussions on that driver as well as those around the truck

• Driving Under the Influence of Drugs or Alcohol: Truck drivers are held to the exact same standard as every other driver on the road when it comes to intoxicated driving. If a semi-truck driver is operating his or her vehicle under the influence of drugs or alcohol and causes a serious accident, there may be severe penalties that accompany those actions. Not only can the driver be held liable for the injuries caused by the accident but also legal ramifications for the crime of drunk driving.

If you or a loved one was involved in a serious trucking accident in New York City and sustained severe injuries or losses, you may be eligible to file a truck accident case against the truck driver or the trucking company. You deserve to fight for compensation for your injuries from the parties most responsible for the tractor-trailer accident.

Contact our New York truck accident attorneys at Gregory Spektor & Associates to find out more about filing a lawsuit and for a free case evaluation. Do not let the injuries from serious accidents go uncompensated by the careless or negligent truck drivers who caused them or the trucking companies responsible for the drivers of their large trucks.

What Are Some Common Types of Truck Accidents?

In the cases of passenger vehicles, there may only be so many ways that they can crash into one another. For big rigs and other large trucks, their size and cargo may present a variety of other accident types that you would not be able to get with other vehicles.

These are some of the most common types of tractor-trailer accidents that our attorneys at Gregory Spektor & Associates have dealt with:

• Jackknife
• Underride (when a vehicle ends up lodged underneath a truck)
• Unsecured cargo
• Roll-over
• Blindspot
• Tire blowout
• Wide turn
• Rear-end
  
  

While some of them are certainly possible with other vehicles, others are specific to semi-trucks and have the potential to cause serious, often fatal, injuries to the victims in other cars. If you have been involved in a serious accident, contact Gregory Spektor & Associates to discuss your case in a free consultation.

Steps to Take after a Big Rig Accident Has Occurred

Those who have been involved in a serious truck accident need to follow certain steps at the accident scene after the crash occurs. Here are some basic steps to follow:

• Call for medical attention and the police immediately
• File an accident report with the police
• Exchange insurance information but DO NOT make a statement to the trucking company’s insurance adjusters
• Document the scene with photos and videos of the property damage to support your case
• Talk to witnesses and get statements if you can
• Contact your insurance company to report the crash
• Stay away from social media
• Contact an experienced personal injury legal team to fight for justice and compensation for your injuries and losses
  
  

When you follow these basic steps, you are working to ensure that your case has the best possible chance. Proving liability can be a challenging task, especially when statements are given to insurance companies or fault was admitted at the scene. It is important that you only speak to your attorney during the process and leave the rest to the legal team.

If a truck driver causes an accident that results in serious, life-altering injuries to the drivers and passengers of other vehicles, that driver and the company he or she represents need to be held responsible for those actions. Contact Gregory Spektor & Associates for a free consultation to discuss your case and determine if you may be eligible to file a personal injury claim against the driver and/or the trucking company.

Types of Injuries Sustained in New York Truck Accidents

When it comes to involvement in a tractor-trailer accident, the resulting injuries and losses can be potentially just as big as the vehicles themselves.

Some of the most common injuries resulting from truck accident cases caused by a driver’s negligence include:

• Whiplash
• Burn Injuries
• Broken Bones
• Internal Organ Injuries
• Amputation
• Back and Spinal Cord Injuries
• Brain Injuries and Head Trauma
• Death
  
  

When a truck accident has occurred and there are catastrophic injuries, losses, and even deaths as a result, the victims and their families deserve to fight for compensation for the damages. The truck accident lawyers at Gregory Spektor & Associates in New York will work tirelessly to ensure the best possible outcome for your truck accident lawsuit.

Your truck accident attorney will determine if the truck driver and/or the trucking company is at fault, and our New York truck accident lawyer will develop a legal strategy that keeps your best interest at the forefront. From medical bills to lost wages and everything in between that applies to your truck crash case, our personal injury law firm will fight for the compensation you deserve.

What Needs to Be Proven in Truck Accident Cases?

Essentially, personal injury lawsuits focus on the need to prove who was at fault for the accident. In the case of an accident involving a tractor-trailer, your truck accident lawyer will need to demonstrate that the negligence of the truck drivers, trucking companies, and/or manufacturers was directly responsible for the tractor-trailer accident.

In addition to the obligation to prove negligence, your New York truck accident lawyer must also prove that certain criteria were met in order to file a valid truck accident lawsuit.

These criteria include:

• Duty of Care: This refers to the legal obligation that one party has to another party when acting in a certain way. In order to refrain from causing harm, parties cannot be negligent or reckless. For truck accident cases, this relates to the idea that all drivers on the road have a duty of care to act responsibly and refrain from causing harm to their vehicles.
  
  

• Breach of the Duty of Care: Once the duty of care is established, then the truck accidents law firm will have to show that it was a failure on the part of the truck driver, company, or manufacturer to complete that duty. Disobeying traffic laws or driving under the influence can help to prove these criterium.
  
  

• Negligence Caused Injuries: The mere existence of negligence does not prove without a doubt that it was the cause of the injuries. An experienced truck accident lawyer must be able to demonstrate that the negligence established in the case was the direct cause of the accident.
  
  

• Damages and Losses Were Suffered: If negligence led to a motor vehicle accident but no economic (financial strain such as medical bills) or non-economic damages (pain and suffering) were incurred, then victims may not have grounds for a lawsuit. Insurance companies, especially, need to see that the car accidents with truck involvement caused damages to the victim in order to provide compensation.
  
  

Those victims of serious accidents with large trucks deserve to fight for compensation from the negligent drivers or companies responsible for the truck accidents.

It is in the best interests of victims of truck collisions to entrust their cases to accident lawyers with plenty of experience with tractor-trailer accidents and fighting against the trucking industry for maximum compensation.

At Gregory Spektor & Associates, our personal injury attorneys know how to deal with tractor-trailer accidents and are willing to go the extra mile to get you the compensation you deserve when you were injured in a truck accident. Contact us for expert legal representation in your personal injury case.

Is the Truck Driver or the Trucking Company the Responsible Party?

When it comes to truck accidents, the liability will typically rest on both the driver and the trucking company. Because the truck driver is operating on behalf of the trucking company to transport goods, New York laws state that the company is vicariously liable for any actions that the driver takes when he or she is operating the truck during the course of employment.

Trucking companies often have far more insurance coverage than any regular vehicle driver would have or need to ensure that any type of car accident is covered and the medical bills of the victims can be paid. The insurance held by the trucking company will cover the owner of the company as well as the assets of the company itself. Many large companies have insurance policies of $10 million dollars or more. The insurance company will be the entity that actually ends up paying for the compensation of the victims as long as the victims’ attorneys can prove negligence and causation by the drivers of the tractor-trailers.

Why Should Truck Accident Victims Hire a Personal Injury Attorney?

There are a variety of reasons why victims of car accidents with large trucks involved should hire a personal injury attorney to handle their cases.

First and foremost, these types of cases can become very complicated, especially when the insurance company gets involved and many different proofs of negligence need to be demonstrated. An experienced lawyer will be able to gather all of the necessary evidence, develop a clear strategy, and implement that plan in court to hopefully get the best possible outcome. Knowing the laws that govern accidents in the state of New York is also essential so that the burden of proof is met according to the legal system.

The second reason that victims should entrust their personal injury claim to their legal counsel is because victims need to focus on the healing process. Passenger vehicle accidents that involve large trucks, not just another passenger vehicle, have the potential to cause serious, catastrophic injuries. There is no reason why a victim should have to contend with the legal system, insurance companies, and the trucking industry while also attempting to recover and move past the injuries. The stress of a court battle to pay for medical expenses can be detrimental to the healing process.

When truck crashes result in the death of a loved one, that person’s family should be focused on the grieving process. In addition to making funeral arrangements, family members must be able to work through their grief and mourn their loss without the stress of legal proceedings and a fight from insurance companies or large trucking companies. While the families should seek compensation for their loss, they should leave that fight up to the professionals so that they can grieve and work to accept their losses.

Contact Our Experienced Truck Accident Attorneys in New York

If you or a loved one was involved in an accident with a large truck and/or other passenger vehicles and sustained serious injuries, contact Gregory Spektor & Associates in New York for legal advice and representation. Our team has represented clients injured in all types of crashes including rollover accidents and jackknife situations. We understand the challenges of dealing with trucking companies and insurance agencies when you are a victim. Allow our experience to work in your favor!

At Gregory Spektor & Associates, we are a Queens-based law firm with vast experience in the personal injury field and comprehensive knowledge of the laws governing truck accident claims in New York. Clients who have suffered a traumatic brain injury, broken bones, internal organ failure, or other severe injuries as a result of crashes with big rigs deserve to fight for compensation for their losses.

Our legal team is here to offer a free consultation to discuss your case and expert representation in court as we work to recover compensation for you. We focus on personal injury cases because we believe that injured victims deserve to fight for justice and compensation. Our attorneys are diligent about providing the highest quality legal representation possible for each of our clients. Contact us today to schedule your free consultation to discuss your truck accident injury claim.