How Does a Truck Accident Lawyer Help?

How Does a Truck Accident Lawyer Help?

Truck accidents can be devastating. If you’ve been injured in a crash with a truck in New York, you will likely understand the extent of the impact these massive vehicles can have. The size and weight of commercial trucks mean that collisions often result in severe injuries, long-lasting effects, and complex claims. 

Even if you’ve already started your recovery, dealing with a legal claim can feel overwhelming. An experienced New York truck accident lawyer from William Mattar Law Offices can play a vital role in securing the compensation you need to rebuild and move forward. 

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Types of Trucks and Commercial Vehicles Involved in New York Crashes

In New York, various types of commercial vehicles share the roadways with other drivers. Each type of truck or vehicle carries its own unique risks, which can contribute to the severity and complexity of an accident. Some of the most common commercial vehicles involved in accidents include:

• Semi-Trucks and Tractor-Trailers: These large trucks transport goods across long distances. Their size and weight, especially when fully loaded, make them particularly hazardous in collisions.
• Box Trucks: Often used for deliveries in urban areas, box trucks are smaller than tractor-trailers but still pose a significant risk in accidents, especially on busy New York streets.
• Dump Trucks: Frequently seen on construction sites, dump trucks carry heavy loads and can be challenging to control, especially if improperly loaded.
• Tanker Trucks: These vehicles transport liquids or gases and can potentially leak or spill hazardous materials, adding extra danger in accidents.
• Garbage Trucks: Common in residential areas, these trucks frequently stop and start, making rear-end collisions a concern. 

Each type of truck has unique risks and challenges, which can affect the outcome of a legal claim and the approach a truck accident lawyer takes when handling the case.

Common Types of Truck Accidents

A truck accident attorney who understands various types of truck accidents knows what to look for when investigating your claim. Some of the most common types of truck accidents we see include:

• Jackknife Accidents: When a truck's trailer swings out to the side, it forms an angle that can block multiple lanes of traffic and potentially involve numerous vehicles.
• Underride Collisions: These occur when a smaller vehicle slides underneath the rear or side of a large truck, often resulting in catastrophic injuries for the car’s occupants.
• Rear-End Collisions: Trucks take longer to stop due to their size and weight, making them prone to rear-end crashes if they follow other vehicles too closely.
• Blind Spot Accidents: Large trucks have substantial blind spots. When a car is in one of these blind spots, the truck driver may change lanes without realizing a vehicle is there, leading to a collision.
• Tire Blowouts: Tire blowouts on trucks can lead to loss of control and sudden accidents, often creating a dangerous situation for nearby vehicles.

Common Injuries in Truck Accidents

Due to the force involved, truck accidents often result in serious injuries. Some of the most common injuries that truck accident lawyers might encounter in these cases include:

• Traumatic Brain Injuries (TBI): Head injuries are common in high-impact crashes, leading to cognitive and physical impairments.
• Spinal Cord Injuries: Truck collisions can result in spinal damage, including paralysis, which can permanently change a person’s life.
• Broken Bones: The impact of a truck crash frequently leads to fractures or broken bones, often requiring surgeries and long recovery periods.
• Internal Injuries: Damage to organs is also a common result of trucking accidents due to the force exerted on the body during the collision.
• Burns: When accidents involve hazardous materials, fire, or gasoline spills, severe burns can occur, leading to long-lasting scars and a need for reconstructive surgeries. 

Each of these injuries can significantly affect a person’s life, requiring costly treatments and potentially leading to lifelong impacts. A lawyer’s understanding of these injuries helps victims receive adequate compensation for both immediate and long-term needs.

Why You Need a Lawyer for a Truck Accident Claim

Truck accident claims involve more than just proving who was at fault. Due to the complexities involved, working with a lawyer protects your rights and increases the likelihood of a fair outcome. Here are a few reasons why having a lawyer makes a significant difference in these cases:

• Evidence Collection: Key evidence in truck accident cases often includes black box data, driver logs, maintenance records, and video footage. Lawyers know how to access and preserve this evidence, which can be critical in proving fault.
• Insurance Complexities: Trucking companies often have large insurance policies, and their insurers are motivated to minimize payouts. Having a lawyer to handle negotiations can prevent you from being taken advantage of by powerful insurance companies.
• Calculating Full Damages: Due to the severity of injuries and the potential for long-term impact, truck accident victims need compensation that considers future medical needs, lost earning potential, and pain and suffering. A lawyer can help ensure that all these factors are considered when seeking damages.

Special Considerations in Investigating a Truck Accident

Investigating a truck accident requires access to unique forms of evidence that can only be obtained by a knowledgeable attorney. Unlike a standard car accident, where liability is often clear-cut, truck accidents often involve specialized data that must be preserved and analyzed. Here are some critical aspects that make truck accident investigations unique:

Black Box Recorders (Event Data Recorders)

Most commercial trucks are equipped with event data recorders, commonly referred to as "black boxes." These devices record vital information about the truck’s operation, including speed, braking, engine data, and even hours of operation leading up to the accident. 

This data can be essential for proving negligence in a crash. However, trucking companies may delete or overwrite this information after a certain period, so acting quickly to preserve it is critical. An experienced truck accident lawyer will know how to obtain and interpret this data, often by working with experts to recreate the events of the accident.

Multiple Liable Parties

As mentioned, truck accidents frequently involve more than just the driver. Potentially liable parties may include:

• The Truck Driver: If the driver was negligent—such as by speeding, driving under the influence, or violating FMCSA regulations—they may be held liable.
• The Trucking Company: If the company pressured the driver to violate safety regulations, failed to conduct proper vehicle maintenance, or ignored background checks, it could be found liable.
• Cargo Loaders: Improperly loaded cargo can lead to accidents. If negligence in loading or securing cargo contributed to the accident, the loaders may share responsibility.
• Vehicle or Parts Manufacturers: If a faulty part, such as a tire or brake, led to the accident, the manufacturer might be liable.
• Maintenance Providers: Poor maintenance can lead to accidents. Maintenance providers might be held responsible if they fail to perform necessary repairs or inspections. 

Each of these parties may have played a role in the crash, so it is important to investigate all aspects of the truck’s operation, maintenance history, and the conditions leading up to the accident. A comprehensive investigation requires the resources and know-how of a legal team familiar with handling complex, multi-party claims. 

A personal injury lawyer with experience handling truck accident cases can identify all potentially liable parties and hold them accountable, ensuring that you receive fair compensation from each party responsible.

Accessing Driver Logs and Records

Federal regulations require truck drivers to keep detailed logs of their driving hours, breaks, and other critical information. Violations of these regulations, such as driving beyond the allowed hours of service, can contribute to fatigue-related accidents. A trucking crash lawyer will know how to obtain these records and use them to establish if the driver was overworked or failed to adhere to federal safety standards.

Trucking Company Legal Teams and Insurance Carriers

Trucking companies typically have teams of lawyers and insurers whose primary goal is to protect the company's interests and limit their financial liability. These teams may start investigating the accident within hours of it occurring and often try to shift blame onto the victim. 

Individuals injured in these crashes are at a disadvantage without a strong legal advocate. A truck accident law firm with resources and experience handling complex claims can level the playing field, ensuring that the victim’s rights are protected throughout the process.

Knowledge of Federal and State Regulations

Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and New York state laws. These trucking regulations govern everything from hours of service to vehicle maintenance and cargo handling. A skilled lawyer understands these rules and knows how to spot violations that may not be immediately apparent. 

For example, if a truck’s maintenance history doesn’t align with federal standards, this could be a factor in proving negligence. Similarly, if a company pushes drivers to meet unrealistic delivery schedules, a violation of hours-of-service rules may indicate liability on the part of the trucking company. 

A lawyer understands these rules and can use them to identify violations that may have contributed to the accident.

Federal and New York State Laws Affecting Truck Accident Claims

Truck accident claims in New York are governed by both federal and state laws. The FMCSA sets regulations that trucking companies and drivers must follow nationwide. These regulations address important areas like:

• Hours of Service: Drivers are limited in how many hours they can drive without rest. Violations of these rules can lead to fatigue-related accidents.
• Vehicle Maintenance: Trucks must be maintained and inspected regularly. Failure to do so can result in mechanical failures and dangerous conditions on the road.
• Drug and Alcohol Testing: Drivers must adhere to strict policies regarding drug and alcohol use. Violations can provide strong evidence for a claim. 

In addition to federal laws, New York has its own regulations for commercial trucks, especially in urban areas where safety is critical. For example, New York City has additional requirements for large trucks to improve visibility and reduce pedestrian accidents. A truck accident lawyer familiar with these laws can use them to help establish liability and hold the correct parties accountable.

Statute of Limitations for Truck Accident Claims in New York

If you were injured in a truck accident in New York, it’s essential to act quickly. In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. For wrongful death claims, the timeframe is two years from the date of the victim's death. Missing these deadlines can prevent you from pursuing compensation, so it’s crucial to consult a lawyer as soon as possible to ensure your case is filed within the applicable timeframe. It must be emphasized that every case is unique. Some cases against municipal entities have deadlines as short as 90 months. Insurance claims often have much shorter time deadlines. Prompt consultation with an attorney is always advisable.

The Importance of Having a Strong Truck Accident Law Firm

Given the complexity of these cases, individuals injured in truck accidents may need a law firm with the resources, knowledge, and dedication to take on well-funded trucking companies and their insurers. An experienced truck accident lawyer can ensure that every avenue is explored, every responsible party is held accountable, and every piece of evidence is preserved to support the victim's claim.

Contact William Mattar Law Offices Today

Dealing with a truck accident claim can be overwhelming, especially if you are trying to recover from serious injuries. A New York truck accident lawyer can guide you through each step of the legal process, from investigating the crash to negotiating with insurance companies to represent you in court if necessary. 

At William Mattar Law Offices, our team is equipped to handle the challenging nature of truck accident cases. We understand what’s at stake for our clients and work tirelessly to secure the compensation they need for their recovery. 

If you've been injured in a truck accident in New York, we’re here to fight for you. We take on trucking companies and insurers so you can focus on healing. Contact us today for a free consultation to learn more about how we can help. 

Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We also have offices in Buffalo, Syracuse, and Rochester, and our personal injury lawyers serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.

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