New York drivers become seriously injured in truck accidents every day. Due to their large size and heavy weight, truck accidents can cause catastrophic injuries, including traumatic brain injuries and spinal cord injuries. The Federal Motor Carrier Safety Administration (FMCSA) reports that more than 13 percent of fatal auto accidents in the U.S. involve a commercial truck or bus.
If you have been seriously injured in a truck accident, you may be entitled to compensation for your medical expenses, property damage, lost income, and other damages. Recovering compensation can be challenging, however. The personal injury attorneys at Dell & Dean, PLLC , will help you pursue the compensation you deserve. We will handle every aspect of your case, including negotiating with the insurance company so you can focus on your recovery.
Negligence Is a Common Cause of Truck Accidents
In New York, human error, including negligence, is the leading cause of commercial truck accidents. Most truck accidents are caused by negligence, including driver distraction, intoxication, and inexperience. The following types of negligence frequently cause devastating truck accidents:
- Failure to properly maintain truck parts, including brakes and tires
- Reckless or aggressive driving by the truck driver
- Truck driver fatigue caused by a driver not taking mandatory breaks
- Negligence due to drug or alcohol intoxication
- Driver distraction, including cell phone use
- Improper loading of cargo, which can lead to rollover truck accidents
- Inexperienced truck drivers
- Dangerous maneuvers
- Aggressive driving
- Speeding or swerving in and out of lanes quickly
Injuries Caused By Truck Accidents in New York
Commercial trucks are enormous and can weigh as much as 80,000 pounds. Additionally, non-commercial trucks are larger and heavier than smaller passenger vehicles. As a result, when trucks are involved in auto accidents, the driver and passengers in the smaller vehicle are more likely to become seriously injured or killed.
The injuries caused by truck accidents vary depending on the collision angle, vehicle speed, weight of the truck, and the number of other vehicles involved in the collision. However, truck accidents are more likely to cause serious injuries, including the following:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Fractures and broken bones
- Burns and lacerations
- Internal injuries
Proving Liability
If you’ve been injured in a truck accident, you have the right to pursue compensation from the at-fault party who caused the truck accident. Depending on the facts in your case, there may be multiple parties who are liable or financially responsible for your injuries.
For example, suppose a truck driver was driving while intoxicated with alcohol, causing a collision that resulted in your injuries. Suppose the truck driver’s employer failed to run a background check on the driver that would have shown his or her previous DWI convictions. In that case, you may be able to hold the truck driver and his or her employer financially responsible for your injuries. Similarly, if the maintenance or cargo loading company’s negligence caused the accident, they can be held liable for your injuries.
The attorneys at Dell & Dean, PLLC, will work with you to investigate your case and identify which party or parties are liable for your injuries. We will develop a strategy to recover the most compensation possible in your case, whether through an insurance claim or a personal injury lawsuit.
Pursuing Compensation After a Truck Accident
After determining liability, Dell & Dean, PLLC will work with financial and medical experts to carefully determine the value of your case. Generally, the more significant and life-altering your injuries, the more compensation you can recover. Most of your damages will likely include medical expenses, including doctor’s visits, prescription medications, surgeries, hospital stays, durable medical equipment, and ongoing medical care.
If you have missed work while recovering from your injuries, you can pursue compensation for your lost wages and benefits. Additionally, if you have become disabled due to your injuries, you can pursue compensation for your inability to work in the future.
Many truck accidents result in victims’ vehicles being seriously damaged or total. As a victim, you can pursue compensation for repairing and replacing your vehicle and other damaged personal property. You can also pursue compensation for non-economic damages for your pain and suffering and the loss of companionship or support from a spouse or loved one.
Pursuing a Wrongful Death Claim After a Fatal Truck Accident
When a truck accident causes a victim’s death, the victim’s beneficiaries can pursue compensation for their loved one’s death. The victim’s personal representative can pursue a wrongful death claim against the at-fault party or parties in a New York civil court.
Any money damages recovered by personal representatives will be distributed to the victim’s surviving family members according to New York law. Pursuing a wrongful death lawsuit after a fatal truck accident cannot bring a loved one back, but it does allow surviving family members to recover the following expenses:
- Medical bills and related expenses
- Compensation for the victim’s pain and suffering before their death
- Loss of current and future wages
- Funeral and burial costs
- Loss of financial benefits, including insurance coverage
- Loss of support and services
- Loss of parental guidance
Under New York law, family members of the victim cannot recover compensation for their emotional trauma and grief. However, pursuing a wrongful death lawsuit can still help surviving family members move forward financially and hold the at-fault party accountable for their loved one’s death.
Contact a Long Island Truck Accident Attorney Today
Dell & Dean, PLLC represents victims of truck accidents in Garden City and throughout New York state. If you or your loved one have been seriously injured in a truck accident that wasn’t your fault, you shouldn’t be financially responsible for your financial damages.
With the help of an experienced truck accident attorney, you can pursue the full compensation you need and deserve. Don’t hesitate to contact Dell & Dean, PLLC, to schedule a complimentary case evaluation with an experienced truck accident attorney.
Dell & Dean, PLLC handles claims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.
