Semi-truck, 18-wheeler & other commercial vehicle accidents
When semi-trucks, 18-wheelers, and other large commercial trucks are involved in accidents with other motor vehicles, the results tend to be devastating. Large truck accidents often lead to catastrophic injuries and fatalities, and the occupants of the smaller passenger vehicles are the ones who usually pay the price.
If you were injured or if your loved one died due to a semi-truck or 18-wheeler collision, the team at Keith D. Silverstein & Associates can help. We firmly believe that you and your family deserve justice, and we are committed to holding negligent truck drivers, trucking companies, and other parties accountable. Our New York truck accident attorney is ready to fight for you and every penny you deserve.
Here are common types of truck accidents:
Specifically, some of the most common causes of truck accidents include:
For a free initial consultation, call 212-385-1444 or contact us online using our secure submission form. Hablamos español.
Under New York’s no-fault insurance system, you could be entitled to financial compensation for certain accident-related damages regardless of fault. However, no-fault insurance, or personal injury protection (PIP), is limited. It does not cover the full cost of your lost wages, and it only covers medical expenses up to the policy limit. Additionally, PIP does not provide any compensation for non-economic damages, such as pain and suffering.
To secure the full, fair compensation you deserve, you may have to go outside the state’s no-fault system. To do this, you will need to prove that your injury meets the state’s definition of a serious injury, and you will have to prove that someone else is legally responsible for causing your injury and its resulting damages.
Liability in a truck accident can be complex and depends on various factors. Different parties may be held liable based on their involvement and responsibility in the incident.
Here are some key parties that could be held liable for a truck accident:
Truck accident victims often sustain severe, life-changing injuries, such as traumatic brain injuries, spine injuries, and more. Such injuries often lead to significant physical, emotional, and financial hardships. By filing a personal injury lawsuit, you can seek compensation to assist with the costs of your damages.
Depending on the specific details of your case, you may be entitled to compensation for the following:
A New York truck accident attorney from Keith D. Silverstein & Associates can help you navigate the aftermath of the accident and fight for the fair settlement you deserve. If the insurance company refuses to play fair, your attorney can represent you and your rights in court.
When you hire our team, you can focus on your physical recovery while we take care of the legal, logistical, and administrative details of your case. We will handle everything so that you can focus on what matters most: healing.
Keith D. Silverstein & Associates offers all legal services on a contingency- fee basis. This means that you do not pay any upfront or out-of-pocket attorney fees when you hire our firm. Instead, we only collect legal fees if and when we recover compensation for you.
Contact us today at 212-385-1444 to schedule a free, no-obligation consultation
with our New York truck accident lawyer.
We Help The Injured
"*" indicates required fields
"My husband was injured a few years ago and Keith D. Silverstein & Associates was there to help him receive the compensation he deserved. They worked hard and never settled for anything less than what they thought he was entitled to."
— Virginia
Truck accident claims are distinct from car accident claims in several ways. First, they typically involve more damage due to the larger size and weight of trucks, resulting in more severe injuries and greater vehicular damage. Second, truck accidents often involve special federal and state regulations that govern the trucking industry, adding a layer of complexity to these cases. Third, different types of evidence may be relevant in a truck accident claim, such as driver logbooks or data from the truck's black box. Lastly, liability can be more complicated in truck accidents as multiple parties could be at fault, including the truck driver, the trucking company, or even the cargo loading company.
An Electronic On-Board Recorder (EOBR) is a device used in commercial vehicles, including many trucks and semis, to record the vehicle's movement and driver's activity. It functions similarly to an airplane's black box by recording data like driving time, engine hours, vehicle movement, miles driven, and location information. This technology is primarily used to enforce regulations on Hours of Service (HOS) to prevent driver fatigue but it also serves as valuable evidence in the event of a truck accident, providing crucial data about the truck's operation and the driver's behavior at the time of the collision.
You can sue the trucking company for your damages and injuries following a truck accident in many cases. The legal principle of "respondeat superior" can often hold the trucking company liable for the negligent actions of its employees, including truck drivers, when they are acting within the scope of their employment. This can include situations where the truck driver was speeding, driving recklessly, or was otherwise negligent. Additionally, if it can be proven that the trucking company itself was negligent – such as by failing to properly maintain their vehicles, not properly training their drivers, or violating industry regulations – they could also be held directly responsible.
Federal regulations play a significant role in a truck accident claim as they set the standards for safety and operation within the trucking industry. These rules, enforced by the Federal Motor Carrier Safety Administration (FMCSA), cover a variety of areas including driver qualifications, hours of service, vehicle maintenance, cargo loading, and more. If a truck driver or trucking company is found to have violated these regulations at the time of an accident, it could be used as evidence of negligence in a lawsuit. For instance, if a driver was operating beyond the federally mandated hours of service and caused an accident, this could significantly affect the outcome of a claim.
Immediately after a truck accident, your priority should be safety and medical attention. If possible, move to a safe location away from traffic and call 911. Even if you don't feel injured, it's crucial to seek medical attention as some injuries may not be immediately apparent. Report the accident to law enforcement and cooperate with them, providing an accurate account of the incident. Document the scene by taking pictures or videos if you can do so safely. Gather information such as the truck driver's name, contact details, license number, insurance info, the trucking company's name, and any trailer ID numbers you can see. Try to collect contact information from any witnesses. It's important not to admit fault or discuss the accident with the truck driver or their employer. Finally, contact a lawyer who specializes in truck accidents, as they can guide you through the process of filing a claim while protecting your rights.
If the truck driver who hit you was an independent contractor, you can still file a lawsuit against them for your damages and injuries. However, the process may be slightly different compared to when the driver is an employee of a trucking company. In this case, the driver themselves would typically be held liable rather than the company they were contracted by. You would need to prove that the driver was negligent and that their negligence directly caused the accident and your injuries. It's also possible that the company contracting the driver could be held partially liable, for instance, if they were negligent in hiring an unqualified or unsafe driver.
Let our team protect your rights
"*" indicates required fields
