(914) 220-1086Semi-trucks or big rigs are incredibly important to our economy. These commercial motor vehicles are responsible for delivering the goods that we use every day. But given the sheer size of these 18-wheelers, any type of truck accident can result in serious injuries.
If you are hurt in a crash involving a truck, you may be able to file a personal injury lawsuit against the truck driver, the trucking company, or even the manufacturer of a faulty part installed on the truck. With the help of our Westchester County truck accident attorneys, you can recover financial compensation for your lost wages, property damage, medical bills, pain and suffering, and other losses. We will fight for your right to maximum compensation and will never charge a fee unless we recover money for you.
Based in White Plains, the legal team at the Law Offices of Thomas L. Gallivan represents accident victims throughout New York. We are fierce advocates for our clients, working hard to get them the money that they deserve for their injuries. Reach out today to schedule a free consultation with a Westchester County personal injury attorney.
Causes of Truck Crashes
Like any other type of motor vehicle accident, truck crashes are more common than they should be. However, because of the size and weight of semi-trucks, the potential for catastrophic or fatal injuries is much higher than in an accident involving two passenger vehicles.
According to data from the National Highway Traffic Safety Administration (NHTSA), in 2021, there were 1,600 vehicles involved in fatal traffic crashes in New York. 108 of those vehicles – or 6.8% of all fatal accidents – involved large trucks. A total of 114 people were killed in truck crashes in New York state in 2021 alone.
There are many possible causes of truck accidents. Some of these causes – like driver inattention, poor road conditions, or bad weather – can be found in any auto accident. However, some causes are unique to truck collisions. This includes:
- Speeding: truck drivers are often under pressure from trucking companies to deliver goods as quickly as possible. This can lead to speeding and other unsafe driving behaviors.
- Driver fatigue: while federal hours of service regulations set limits on how long drivers of commercial motor vehicles can be on the road without a break, some drivers push themselves to drive for as long as possible to meet tight deadlines.
- Impaired driving: truck drivers may be under the influence of alcohol and/or drugs, or may abuse stimulants to stay awake for longer.
- Overloaded or improperly loaded cargo: if a big rig’s load isn’t properly loaded and balanced, it can cause rollovers and related accidents.
- Improper maintenance: because trucks are on the road for so many miles and carry such heavy loads, they require routine maintenance. A failure to properly maintain a truck can lead to accidents.
Given the size difference between a typical commercial truck and the average car, truck, or SUV, the potential for serious, life-threatening injuries is high with these types of collisions. A truck accident victim may require ongoing medical care for years – and may even have a permanent disability. A truck accident claim can help them get the money that they need to move forward with their life.
Filing a Lawsuit for a Truck Collision
Like other types of personal injury claims, truck accident cases are usually brought on a theory of negligence. This is a legal term that essentially means that a person or company was careless in some way. To prove negligence, the victim (plaintiff) would need to prove four factors (elements):
- The at-fault party (defendant) owed the plaintiff a duty of care;
- The defendant violated that duty in some way;
- That violation caused the plaintiff’s injuries; and
- This injury resulted in damages (losses).
The defendant in a truck accident claim could include the truck driver, the trucking company, the manufacturer of the truck or vehicle parts, the mechanics who last serviced the truck, a government agency who failed to maintain the roads properly, or anyone else who may have been involved in the crash.
Negligence can take many forms, such as:
- Driving with a trailer that is overloaded, overweight, or unbalanced;
- Hiring unqualified drivers and/or failing to train drivers appropriately;
- Overworking drivers;
- Failing to maintain the trucks;
- Speeding
- Distracted driving;
- Driving under the influence/drunk driving;
- Unsafe merging; and/or
- Unsafe turning or backing up.
In rare cases, a truck accident claim may be based on intentional or reckless conduct. This is most often seen in drunk driving accidents.
During a free consultation, a White Plains personal injury lawyer will listen to your story and offer you advice on your legal rights and options for pursuing compensation. If you decide to hire a law firm, they will thoroughly investigate your claim while researching New York law to build the strongest possible case. This may include interviewing witnesses, reviewing accident reports, obtaining “black box” data from the truck company, seeking photos and videos of the crash scene, and working with expert witnesses.
Next, your lawyer will draft a demand letter to the insurance company. This letter will have three parts: (1) the facts of the case; (2) the legal reasons why their insured is liable; and (3) a demand for compensation (damages). After the insurance company receives the letter, they may respond with a counteroffer to begin the negotiation process.
The vast majority of personal injury cases are resolved outside of the courtroom. However, it may be necessary to file a lawsuit to preserve your rights and gather more information in a process known as discovery. Filing a lawsuit doesn’t mean that your case will go to trial, but if the insurance company will not offer a fair settlement, then your attorney will make arguments, question witnesses, and present evidence before asking a jury to return a verdict in your favor.
Compensation in a Westchester County Truck Accident Lawsuit
In a personal injury lawsuit, you may be entitled to three types of compensation: economic, non-economic, and punitive damages. Both economic and non-economic damages are compensatory damages, which means that they compensate a person for their losses. Punitive damages are designed to penalize a wrongdoer.
Economic damages pay for direct financial losses. Examples of economic damages include property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. They are often proven through documentation such as pay stubs, invoices, medical bills, and estimates.
Non-economic damages compensate a plaintiff for their indirect losses. These damages may include money for emotional distress, scarring, disfigurement, loss of enjoyment of life, and pain and suffering. These damages can be harder to prove but are just as important to a victim’s full recovery as economic damages.
Punitive damages are only available in cases where the defendant acted intentionally or recklessly, like a drunk driving crash. The goal of these damages is to punish someone who acted wrongfully and to deter other people from engaging in similar conduct. Your Westchester County truck accident lawyer can talk to you about the potential for punitive damages in your case.
Finally, if an injury victim died in a truck accident, then their loved ones may be able to file a wrongful death lawsuit against the at-fault party. This type of lawsuit is filed by the personal representative or executor of the estate. Damages in a wrongful death claim could include money for funeral and burial expenses, loss of companionship, loss of financial support, and more. Any money recovered will be distributed to the heirs through the estate.
Studies show that people who are represented by counsel recover an average of 40% more in personal injury claims compared to people who represent themselves. If you have been hurt in any type of truck accident, don’t wait to call. Reach out to our law offices in White Plains today for a free initial consultation.
How Our Law Firm Can Help
Truck accidents can be incredibly scary and may cause severe or catastrophic injuries. In the aftermath, the thought of going up against a massive trucking company and/or their insurance company may seem daunting. Our Westchester County truck accident attorneys will fight for your right to full compensation.
The Law Offices of Thomas L. Gallivan is dedicated to helping truck accident victims get the money that they deserve for their injuries. We treat each client with compassion and respect and work hard to get the best possible outcome for our clients. To learn more or to schedule a free consultation with a personal injury lawyer in Westchester County, call our White Plains office at 914-220-1086 or fill out our online contact form.
How Long Do I Have to File a Truck Accident Lawsuit in New York?
The statute of limitations for most personal injury claims in New York is 3 years. With a few exceptions, this means that you have 3 years from the date of the accident to file a claim. If you wait too long, then the truck company may get your lawsuit dismissed as untimely.
While 3 years is a long time, it can go quickly when you’re focused on your health. During that time, important evidence may also be lost. To increase your chances of full compensation, call the Law Offices of Thomas L. Gallivan today to talk to a Westchester County truck accident lawyer.
How Can I Afford to Hire an Attorney?
Truck accident cases – like most personal injury claims – are handled on a contingency fee basis. With a contingency fee agreement, you don’t pay any money out of pocket. Instead, your lawyer will get a fee if (and only if) they recover money for you through a settlement or a verdict at trial. The fee will be a percentage of your total recovery.
Contingency fees make it possible for anyone to hire a Westchester County truck accident attorney even if you don’t have a lot of extra cash. Contact the Law Offices of Thomas L. Gallivan to schedule a no-cost, no-obligation consultation with a member of our legal team.
