Traffic accidents involving trucks, semi-trucks, or 18-wheelers are usually severe and can cause serious injuries or even the death of the victims involved. According to statistics from the New York State DMV, there were about 1,430 large truck crashes in New York City, with 380 persons injured and 6 fatalities in 2019. If you believe that the actions of a negligent truck driver were responsible for your injuries or loved one's death, you may be entitled to pursue damages for your injuries or loss.
At Raskin & Kremins LLP, our attorneys are dedicated to providing experienced legal guidance, support, and compassionate representation to truck accident victims and their families. As experienced New York personal injury attorneys, we will fight aggressively to protect your rights and help you pursue fair financial compensation to cover medical expenses, property damages, lost income, or pain and suffering. Our firm proudly serves truck accident victims throughout New York, Manhattan, Brooklyn, and Queens, New York.
Under New York law, a driver involved in a traffic collision with a person or object must do the following:
Leaving an accident scene that involves injuries or property damage in New York is a crime punishable by fines, a mandatory surcharge, license revocation, possible jail time, and possibly criminal charges.
The statutes of limitations for truck accidents in the state of New York read as follows:
A trucking company may be held vicariously liable for personal injuries or property damage caused by the company's driver, provided that the driver was acting within the jurisdiction of the company’s employment at the time of the incident.
New York follows a "pure comparative negligence" rule. Under this system, a person injured in a truck accident can recover damages even if they were 99% at fault for the accident. Their total compensation will, however, be reduced by their percentage of fault.
For instance, if the jury awarded a verdict of $50,000 against the at-fault party but found that you were 15% responsible for the accident, you will only receive 85% of that $50,000 ($35,000).
Depending on the events leading to the crash, a number of different entities may possibly be held legally responsible for a truck accident. These parties include:
The truck driver may be held liable for an accident if the driver was found to be:
The trucking company that hired the driver may be held liable for a truck crash that occurred due to avoidable errors such as:
The truck manufacturer or parts manufacturer may be held legally responsible if the traffic collision occurred due to:
A truck crash may happen due to unsecured or loose cargo. Equipment or boxes that are being shipped may shift or fall off of the truck and cause an accident. In such a situation, the individuals who loaded the cargo may be held accountable for:
Maintenance personnel responsible for performing safety checks, routine maintenance, or inspection of the engine, brakes, fluids, and electronic systems, may also be held legally responsible for a truck crash that occurred due to the maintenance personnel's oversight in performing their expected duties.
The moments after being involved in a truck accident can be confusing to sort through. The steps you take — or do not take — after the accident could make a major difference in the outcome of your injury claim. If you were hurt in a semi-truck accident, here's what to do next:
It is crucial that you act sooner rather than later. As time goes by, people involved can easily misplace reports or forget key information and necessary details about the accident.
Being injured in a truck accident or losing a family member can be devastating. Such an incident can have long-lasting ramifications on your physical, financial, and mental health. Thankfully, you don't have to face the challenges all alone. Retaining an experienced New York personal injury attorney is the first step to protecting your rights and pursuing deserved compensation.
At Raskin & Kremins LLP, our attorneys are devoted to handling personal injury legal matters and protecting the rights of truck accident victims. As your legal counsel, we can:
Our attorneys will work diligently to ensure the right people are held accountable. Having our team on your side can improve your prospects of receiving a favorable outcome in your personal injury or wrongful death lawsuit.
Call us at Raskin & Kremins LLP today to schedule a consultation with experienced truck accident attorneys. Our team will offer you the compassionate representation you need and help pursue compensation for your injuries and property damage. We are proud to serve clients throughout the New York area, including the boroughs of Manhattan, Brooklyn, the Bronx, Queens, and the surrounding counties.