I’ve just been injured in a commercial truck accident in New York. What do I need to know?
Commercial truck accident victims should seek medical attention immediately and call the police to the scene of the accident. In addition, if possible, commercial truck accident victims should take photographs and video of the location, vehicles involved, and any loose cargo, exchange contact and insurance information with the other driver, gather any witness contact information, follow up for a police accident report, and most importantly, contact the experienced NYC truck accident lawyers at the Law Offices of Michael S. Lamonsoff.
In non-trucking accidents in New York, such as motor vehicle accidents involving cars crashing into other cars, pedestrians, etc., the vast majority of the time the individual responsible for injuries due to the accident would be the other driver. However, in a commercial truck accident, responsibility could also fall on to the employer of the driver, a trucking company, cargo company, shipping company, or truck mechanical company. 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.
If you were in an accident with a commercial truck in NYC, as either driver, passenger, pedestrian, or bicyclist, then you will be protected under New York’s No-Fault law. The insurance company of the related commercial vehicle will pay for your medical bills and lost wages, up to an amount of $50,000 that is separate from any personal injury claim—and it does not matter who the at-fault person is. You only have 30 days to submit a no-fault application to the insurance company, or else you can be denied coverage. The lawyers at the Law Offices of Michael S. Lamonsoff will get you the necessary coverage while we begin the process of obtaining the real payout.
In New York State, motorists, pedestrians and bicyclists that are in an accident with a commercial truck are entitled to no fault insurance benefits from the insurance company of the commercial truck. As with your own vehicle, you only have 30 days to file an application, or else you will not receive these benefits. If you were on a bus when the commercial truck accident occurred, and either you or someone in your household is the owner of a vehicle, then your own car insurance company will extend no fault benefits to you. In the event you or someone in your own household does not own a vehicle, then the bus company might be responsible for medical benefits, depending on whether or not it is a private company or a municipality.
Every commercial truck accident victim’s case is different, which means that the compensation won for each case is also different. These types of accidents also can involve a large number of parties and larger insurance coverage policies, which can increase the value of a case. Common factors that can impact the value of a commercial truck accident 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 sort 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.
More Than Half A Billion In Verdicts & Settlements
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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What are the most common reasons for commercial truck accidents?
Commercial truck accidents can happen due to a number of different things, which commonly include:
- Distracted driving
- 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
Four 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.
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 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.