I’ve just been injured in a commercial truck accident in New York. What do I need to know?
What do I do after a commercial truck accident?
You should seek medical attention immediately and call the police. If possible, you should take photographs and video of the location, vehicles involved, and any loose cargo. Additionally, exchange contact and insurance information with the other driver, gather any witnesses’ contact information, follow up for a police accident report, and most importantly, contact the experienced New York truck accident lawyers at the Law Offices of Michael S. Lamonsoff.
Who is responsible for my injuries in a commercial truck accident in New York?
In a commercial truck accident, responsibility can fall on both the driver and the driver’s employer, such as trucking or shipping companies. In addition to the “normal rules of the road”, commercial drivers and trucking companies are held to strict safety rules and regulations that are enforced by both the Federal Motor Carrier Safety Administration and the U.S. Department of Transportation.
What is No Fault Insurance?
New York’s No-Fault Law protects drivers, passengers, cyclists, and pedestrians who are injured by commercial trucks. The commercial vehicle’s insurer must pay for your medical bills and lost wages up to $50,000, with no effect on your personal injury claim. You must submit a no-fault application to the insurance company within 30 days. The lawyers at the Law Offices of Michael S. Lamonsoff will get you the necessary coverage while we begin the legal process.
Who pays for medical bills after a commercial truck accident if I was a pedestrian, motorist, bicyclist, or on a bus?
For pedestrians, motorists, and bicyclists, see above (“What is No Fault Insurance”). If you were on a bus when the commercial truck accident occurred, the bus company might be responsible for the medical benefits of anyone who doesn't own a vehicle with insurance. On the other hand, if you own an insured vehicle, your insurance company will extend the no fault benefits to you.
How much is my case worth?
While every case is different, commercial truck accidents can involve a large number of parties and large insurance coverage policies, which can increase the value of a case. When determining the value of your case, some factors to consider include:
- Medical-related expenses
- Impact on current and future earning capacity
- Pain and suffering
How much does a commercial truck accident lawyer in New York cost?
At the Law Offices of Michael S. Lamonsoff, we do not charge an hourly rate for our services, and the only time we receive any type of payment is if we win your case. If we are not able to make a recovery, then you do not owe us anything; it’s as simple as that.
You should seek medical attention immediately and call the police. If possible, you should take photographs and video of the location, vehicles involved, and any loose cargo. Additionally, exchange contact and insurance information with the other driver, gather any witnesses’ contact information, follow up for a police accident report, and most importantly, contact the experienced New York truck accident lawyers at the Law Offices of Michael S. Lamonsoff.
In a commercial truck accident, responsibility can fall on both the driver and the driver’s employer, such as trucking or shipping companies. In addition to the “normal rules of the road”, commercial drivers and trucking companies are held to strict safety rules and regulations that are enforced by both the Federal Motor Carrier Safety Administration and the U.S. Department of Transportation.
New York’s No-Fault Law protects drivers, passengers, cyclists, and pedestrians who are injured by commercial trucks. The commercial vehicle’s insurer must pay for your medical bills and lost wages up to $50,000, with no effect on your personal injury claim. You must submit a no-fault application to the insurance company within 30 days. The lawyers at the Law Offices of Michael S. Lamonsoff will get you the necessary coverage while we begin the legal process.
For pedestrians, motorists, and bicyclists, see above (“What is No Fault Insurance”). If you were on a bus when the commercial truck accident occurred, the bus company might be responsible for the medical benefits of anyone who doesn't own a vehicle with insurance. On the other hand, if you own an insured vehicle, your insurance company will extend the no fault benefits to you.
While every case is different, commercial truck accidents can involve a large number of parties and large insurance coverage policies, which can increase the value of a case. When determining the value of your case, some factors to consider include:
- Medical-related expenses
- Impact on current and future earning capacity
- Pain and suffering
At the Law Offices of Michael S. Lamonsoff, we do not charge an hourly rate for our services, and the only time we receive any type of payment is if we win your case. If we are not able to make a recovery, then you do not owe us anything; it’s as simple as that.
How Common Are Truck Accidents?
According to the Federal Motor Carrier Safety Administration, as recently as 2017, there were nearly 450,000 commercial truck accidents that took place across the country.
Why Are Truck Accidents Especially Dangerous?
A large number of these commercial truck accidents resulted in injuries, and even death. Due to their size and weight, commercial truck accidents place other drivers and pedestrians on the road at a severe risk of serious and permanent injury if an accident were to occur.
In addition, cargo that these commercial trucks are carrying can also play a role in a commercial truck accident. Employers and/or shippers many times overload a truck to save on shipping costs and/or place the load into the truck incorrectly. This causes it to become difficult for a commercial truck driver to operate safely. Obviously, accidents will be the result.
What are the most common reasons for commercial truck accidents in New York?
Commercial truck accidents can happen due to a number of different things, which commonly include:
- Speeding
- Distracted driving
- Impairment
- Failure to yield right of way
- General carelessness
- Brake malfunction
- Tire defects
- Insufficient underride protection
- Trailer malfunction
- Loose cargo
- Inadequate commercial vehicle training
- Improper commercial licensing
- Driving with an overweight load
What are common injuries sustained by commercial truck accident victims?
Injuries that are commonly seen among New York City commercial truck accident victims include:
- Broken bones
- Sprained and strained ligaments
- Knee damage
- Shoulder dislocations and tears
- Spinal and nerve damage
- Lacerations and bruising
- Brain damage
- Dismemberment
If you or a loved one have sustained any of these injuries due to a truck accident, it's vital you contact our attorneys immediately. We can help you obtain compensation.
Types of Truck Accidents We Cover
The lawyers here at The Law Offices of Michael S. Lamonsoff help fight for the rights of victims in many different types of truck accidents. Types of truck accidents we cover include, but are not limited to:
- Commercial trucks
- Semi-trailer / semi-trucks
- Garbage trucks
- Cargo trucks
- Sanitation trucks
- Big Rig and 18-wheeler trucks
- Tow trucks
- School bus accidents
- Concrete trucks
- Tractor-trailer trucks
- Sweeper trucks
- Concrete trucks
More Than Half A Billion In Verdicts & Settlements in NY
At the Law Offices of Michael S. Lamonsoff, our victories represent our uncompromising approach to getting the justice our clients deserve. Whether it be through vigorous negotiating towards a successful settlement, or even taking our cases all the way to trial, we have achieved exceptional results for our clients who were the victims of a commercial truck accident:
$6,500,000 Settlement in a Construction Accident Case
$5,500,000 Verdict Awarded in a Construction Accident Case
$4,750,000 Awarded to an Injured Construction Worker
$4,100,000 Settlement in a Construction Accident Case
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Contact UsWhat Type of Damages Am I Entitled to Following a Truck Accident?
In a truck accident lawsuit, compensated damages typically include past and future pain and suffering resulting from the accident, medical expenses such as physical therapy and at-home nursing care, and potential loss of current and future earnings. To ensure maximum compensation, we work with experts to assess the specific costs associated with each case, as every truck accident lawsuit has its unique financial considerations. This comprehensive approach helps accurately evaluate the lifetime costs for the client and their family.
How long does it usually take to win a commercial truck accident?
Although only a minimal amount of commercial truck accident cases go to trial, the amount of time that a commercial truck accident case can take to settle greatly varies. A detailed investigation begins as soon as we start working on your case. Proper procedures need to be undertaken, and insurance companies need to be contacted. Whether it be a few months or even a few years, the NYC personal injury lawyers at the Law Offices of Michael S. Lamonsoff in NYC will expedite this process, but not at the expense of ensuring that each victim receives compensation in the amount they deserve.
How long do I have to file a lawsuit in a commercial truck accident?
In New York State, the statute of limitations to bring a lawsuit for a commercial truck accident case occurring with a private individual or company is three years from the date of the accident. As soon as the commercial truck accident occurs, the time limit begins counting down. However, if the commercial truck accident involves a municipality, such as a New York City sanitation truck driver or a New York City Transit Authority vehicle, and the municipality can be held responsible, you must serve a legal document referred to as a Notice of Claim on the party within 90 days of the commercial truck accident. If this is not done, then New York State law will prohibit you from bringing a lawsuit. Because of this, it is critical that one of your first actions is to contact the Law Offices of Michael S. Lamonsoff, allowing us to get everything in place to obtain the compensation you deserve.
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Contact UsFour Critical Steps to Take After Suffering a Commercial Truck Accident
1) Immediately seek medical attention and call the police from the scene of the accident. It is important that either you or your loved one sees a doctor to make sure the injuries are documented and to ensure there is no internal bleeding, and calling the police ensures that help is on the way.
2) When the police arrive, if able, you should tell the police, in detail, about any pain you feel in your body and other medical concerns you might have. If you are injured, do not exit the vehicle until police and medical personnel arrive.
3) If possible, you should take photographs and video of the location, vehicles involved, and any loose cargo. Additionally, you should exchange contact and insurance information with the other driver and gather any witness contact information.
4) Immediately call the Law Offices of Michael S. Lamonsoff for a free consultation with an experienced commercial truck accident attorney in New York. The sooner we contact you, the sooner you can ensure you have the proper guidance and representation in dealing with your commercial truck accident.