A freight truck accident can leave a victim with major, sometimes permanent injuries. These translate to significant medical bills, lost earnings, pain and suffering, and other losses. Some of these wrecks are fatal and force grieving family members to struggle with the emotional and financial consequences of losing a loved one.

If you or a family member were the victim of a Long Island freight truck accident, you will need determined legal counsel to advocate for your rights and seek the maximum amount of compensation available. That firm is Dell & Dean PLLC.

Why Freight Truck Accidents Are Worse

Freight trucks are specifically built to transport large amounts of goods over long distances. Some examples of freight trucks include:

  • Semi-trailers (also known as tractor-trailers, semi-trucks, 18-wheelers, and big rigs)
  • Flatbed trucks
  • Step decks
  • Dry vans
  • Reefers
  • Box trucks
  • Tankers

Each of these haul certain types of goods and are designed for the unique challenge of hauling items from one place to another. A flatbed truck, for instance, can move an oversized load such as heavy construction machinery. Meanwhile, a dry van commonly moves pallets.

What freight trucks all have in common is that they are heavy-duty vehicles. They weigh more and can therefore cause more severe injuries upon impact. Compared to a passenger vehicle or a smaller truck, a freight truck can inflict catastrophic injuries on victims.

Why Freight Truck Accidents Happen

A victim has the duty of explaining how the freight truck crash occurred. It therefore helps to understand some of the most common causes of these accidents, including:

  • Fatigued driving: Long Island trucks that travel across state lines are subject to federal rules that mandate a certain amount of rest for drivers. But in the pursuit of profits, many trucking companies encourage or allow their drivers to skip or shorten these breaks, endangering others.
  • Distracted driving: Anything that takes a freight truck driver’s attention away from the road is a distraction. Texting, using GPS navigation, and eating are some common examples.
  • Intoxicated driving: Driving under the influence of drugs or alcohol is illegal, and there is much less tolerance for truck drivers who do it. Even if the drug is legal, the driver could be liable if it contributes to the accident.
  • Cargo problems: Freight truck drivers must observe certain cargo rules and regulations to avoid a wreck. Overloaded trucks, improperly loaded trucks, and unsecured cargo can all cause major accidents.
  • Mechanical failure: Freight trucks require routine inspections and maintenance to avoid issues like worn tires and brake failure. However, a problem like this may indicate negligence on the part of a manufacturer or other party besides the driver.
  • Speeding: Due to its weight, a freight truck requires more time to slow down and come to a complete stop. A speeding truck is therefore less likely to stop and more likely to get into a major accident.
  • Bad weather: Speeding doesn’t just mean driving over the posted speed limit. When inclement weather strikes, which is common in Long Island and elsewhere in New York, trucks must slow down or risk a collision.
  • Unsafe traffic maneuvers: Freight trucks require a high degree of care and competency, especially in high traffic situations. A turn that is too sharp or an abrupt lane change can put lives in jeopardy.

What Are Your Options For Recovering Compensation?

If you were injured in a Long Island freight truck accident, you may have several options for recovering compensation. They include:

  • Filing a claim with your insurance company: Because New York is a no-fault insurance state, drivers must usually begin with a claim with their insurer. But if the victim sustains what the law defines as a serious injury, they may be able to file a lawsuit.
  • File a lawsuit: Under New York law, a serious injury includes bone fractures, loss or limitation of a body system or organ, and more. Serious injuries allow victims to step outside of the no-fault system and sue for a variety of damages.
  • Uninsured motorist coverage: If the driver of the truck flees the scene, you may have to resort to your uninsured motorist coverage. However, you should inform the police of any details you have so they can try to apprehend the driver.

You may have a claim against a number of different parties, depending on the facts in your case. For instance, you could be able to seek compensation from:

  • The freight truck driver
  • The driver’s employer
  • A cargo loading company
  • A truck inspection, repair, or maintenance company
  • The manufacturer of the truck or one of its components
  • A government entity responsible for road work
  • A construction contractor that did poor road work or otherwise created an unsafe environment
  • A bar or restaurant that served an intoxicated truck driver too much alcohol

What To Do After a Freight Truck Accident

Protecting your health and your legal rights is a top priority after being in a freight truck accident. We suggest doing the following:

  • Call 911 and report the accident: Get to a safe place and call 911. Report the incident to emergency officials and ask law enforcement to come to the scene.
  • Go to the hospital or see a doctor: Even if you don’t think you were seriously injured, you should go to the hospital or at least see your doctor. Some injuries don’t reveal themselves until later.
  • Tell police what you know (and stick to the facts): Law enforcement will ask you for information about the crash. Report only the objective facts, do not speculate about fault or your injuries, and ask for a copy of the police report.
  • Collect evidence: Take pictures and record videos of the accident scene, and do the same for your injuries. If there were any witnesses, get their names and contact information.
  • Keep your medical records and follow up with your doctor: Make sure you keep a copy of all medical records. Follow your doctor’s advice, see all specialists, and keep your medical appointments.
  • Write down notes about the accident: You should make your own notes about the events leading up to and right after the accident. Include details about any pain and suffering, physical limitations, and other problems you have.
  • Speak to an attorney: Lastly, talk to an experienced Long Island truck accident lawyer. The sooner you do so, the sooner you can receive compensation for your injuries.

How Can a Freight Truck Accident Attorney Help Me?

Our firm understands the severe consequences that truck accident victims face, and we know how to demand the compensation that victims need to recover. We can assist you by:

  • Investigating the accident and determining who caused it
  • Obtaining evidence related to fault, including through the discovery process if a lawsuit is filed
  • Consulting expert witnesses, such as accident reconstructionists, who can help prove your case
  • Determining a fair amount of compensation that you deserve
  • Handling all insurance communications and negotiations
  • Representing you in mediation to try to reach a fair settlement
  • Taking your case to trial if the at-fault parties and their insurers refuse to negotiate in good faith

Contact Our Long Island Freight Truck Accident Attorney

When victims get injured in freight truck accidents, we get to work fighting for them. Learn more about your legal options for winning compensation and recovering from your injuries. Get in touch with Dell & Dean PLLC today to schedule your initial consultation.

Frequently Asked Questions About New York Truck Accidents

What is the deadline to file an accident claim?

You need to file a no-fault insurance claim within 30 days of the accident. If you can step outside of the no-fault system and file a personal injury lawsuit, you will have three years from the date of the accident to do so. The timeline is much shorter if the defendant is a government entity.

Why should I not talk to the insurance company?

Insurers use a number of tricks, such as asking leading questions and taking recorded statements, to get information to use against victims. The bottom line for insurers is their bottom line, not your interests. Don’t talk to the insurance company before speaking to an attorney.

What coverage is available under an insurance claim?

New York no-fault insurance policies typically pay medical expenses and a portion of lost wages up to $50,000. It may also cover other reasonable and necessary costs.

What compensation is available in a personal injury lawsuit?

If you suffer a serious injury and your losses exceed $50,000, you can file a lawsuit to seek your medical expenses, lost income, lost income-earning capacity, property damage, and non-economic damages such as pain and suffering. Ask our Long Island personal injury attorneys for more information.

Are wrongful death damages available in a fatal freight truck accident?

Yes, the personal representative of the deceased victim’s estate can file a wrongful death claim against the at-fault parties. Possible damages include funeral and burial expenses, the victim’s final medical bills, and more.