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How Can a Rear End Truck Accident Lawyer Help You?

New York truck accident attorney

If you’re involved in a rear-end truck collision, a lawyer can help you in several ways. They’ll first determine liability to see if your case is strong enough to submit a claim. Your attorney will then help you estimate the accurate value of your damages using expert testimony. This may include medical bills, emotional distress, and lost income to ensure you receive the rightful compensation.

Furthermore, a rear-end truck accident lawyer will manage the insurance claim process and negotiate with insurance adjusters on your behalf. And, if necessary, represent you in court to secure a fair verdict.

If you find yourself in a truck accident that necessitates legal action due to someone else’s negligence, turn to Uptown Injury Law, PLLC, for proficient legal advice. Our seasoned New York truck accident attorneys bring over 15 years of trial experience and can help you secure the maximum compensation. Start your free case evaluation today, or give us a call at 917-540-8728

What Does a Rear-End Truck Accident Attorney Do?

A rear-end truck accident attorney will conduct a detailed investigation at the accident scene to pinpoint who’s at fault. Following this, they will assess the full extent of your damages to ensure your insurance claim reflects the true value of your losses. During the legal procedures, your lawyer will negotiate with the insurance company to demand a settlement that covers the full extent of your injuries or damages. However, if these discussions do not yield a satisfactory outcome, your lawyer will file a truck accident lawsuit on your behalf within the mandated legal deadlines.

1. Carry a Detailed Investigation of the Accident Scene

One of the primary tasks of your truck accident attorney involves conducting a thorough investigation of your accident scene. To do this effectively, they will gather all the important evidence, such as:

  • Images of the accident scene and property damage.
  • The formal copy of the police report.
  • Recorded statements from the witnesses involved in the accident.
  • Black box data or the video footage of the crash.

Additionally, your attorney will collaborate with accident reconstruction experts. These specialists can analyze the evidence to explain how and why your accident occurred. This comprehensive approach of your lawyer strengthens your case and allows them to secure a fair settlement for you.

2. Identify the Liable Party to Determine Your Eligibility to Sue

Identifying the liable party isn’t always straightforward, especially in truck accidents where multiple parties could be at fault. In most cases, responsibility may fall on the truck driver, the trucking company, and the manufacturers of trucking parts. However, depending on the unique details of your case, additional parties may also bear liability, such as: 

  • Service vendors to the truck.
  • The cargo and the truck owner. 
  • Local governments or contractors responsible for road design and construction.

To deal with such situations, your truck accident lawyer will examine all the facts surrounding your case to determine who is at fault. This thorough investigation aims to establish the entities you can sue to seek fair compensation for your damages.

3. Precisely Calculate Your Total Damages

An attorney specializing in rear-end accidents can calculate the full extent of your damages. They will ensure that your compensation claim reflects your current and future financial needs. This includes immediate medical expenses, lost income, ongoing medical care costs, and the potential effect on your future earnings.

Contact our team at Uptown Injury Law, PLLC, for expert legal guidance. Our truck accident lawyers will secure a settlement that genuinely compensates for your losses.

4. Initiate an Insurance Claim Against the Negligent Driver’s Insurer

Handling lengthy and complicated personal injury claims can be a nightmare because dealing with them means dealing with multiple insurance companies and their policies that protect the interests of truck drivers, trucking companies, and cargo owners.

This is where your rear-end accident attorney steps in to manage all communications with the negligent driver’s insurance company for you. They will start the claim process to seek compensation for your damages, handle all required documentation, and make sure your case receives the attention it deserves. So that you can concentrate on your recovery.

5. Negotiate for a Fair Settlement

Trucking insurance companies often strive to reduce your compensation, potentially underestimating your claim by suggesting your injuries are not genuine or claiming their driver bears no responsibility for your damages.

In such cases, your attorney will use the evidence gathered to challenge the claims of an insurance company and argue your case effectively. So that you can get a settlement that covers all your damages without the need for a lengthy court battle.

6. File a Lawsuit Within Legal Deadlines

If negotiations with insurance companies fail, your attorney will file a lawsuit within the legal deadlines. For example, in New York, the timeline to file a truck accident lawsuit is three years from the accident date. After this deadline, you lose your right to take legal action and pursue your damages.

During this process, your attorney will lodge an official complaint to the civil courts, explaining the details of the accident, how you were injured, and the compensation you deserve.

7. Provide Legal Representation in Court When Required

After a truck accident, when facing legal proceedings, it’s crucial to have a lawyer by your side. They can effectively defend your claim to a judge and jury by presenting strong evidence in your favor. This will enhance your likelihood of securing maximum compensation for your damages.

Entrust your case to our team at Uptown Injury Law, PLLC. Our truck accident lawyers will counteract any accusations of negligence directed at you, provide tailored advice for your case, and pursue litigation if necessary.

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What Methods Do Lawyers Use to Evaluate Your Damages? 

After experiencing a rear-end collision with a truck, your attorney will employ two primary methods to precisely calculate your damages. These methods involve:

Multiplier Method

By using this method, your attorney adds all your financial losses incurred due to the truck accident. This will include all the medical bills, lost wages, and property damage. Subsequently, they apply a multiplier, which usually ranges from 1 to 5. This multiplier will reflect the accident’s severity and its impact on your life. Generally, a higher multiplier means your accident is severe. Finally, your lawyer will multiply this number (multiplier) by your total financial losses to calculate your compensation for pain and suffering.

For instance, if your economic damages are comprised of $20,000 in medical expenses, $5,000 in lost wages, and $10,000 in property damage costs, summing up to $35,000. Hence, your pain and suffering damages would be $35,000 (total damages) x 3 (multiplier) = $105,000.

Per Diem Method (Daily Rate Method)

In the per diem method, your attorney will assign a daily monetary value that reflects the distress you’ve faced each day due to the accident. Then, they’ll add up the total days you’ve suffered this pain until you fully recover. By multiplying this daily figure by your total days of discomfort, your lawyer will calculate the compensation you deserve for your pain and suffering.

For example, if your daily suffering is worth $150 and you’ve been in recovery for 180 days, the calculation would be straightforward: 180 days x $150 = $27,000 for pain and suffering.

What Kinds of Damages Can a Truck Accident Lawyer Claim for You?

As a truck accident victim, your lawyer can claim compensation for various damages. It can cover both the immediate and long-term impacts of the crash. These damages include the following:

  • Medical costs related to the accident, such as emergency room visits and surgical procedures, to heal from your injuries.
  • Loss of earning potential and your ability to earn in the future.
  • The repair or replacement costs of your vehicle and personal items damaged in the crash.
  • Physical pain, emotional distress, and long-term psychological effects.
  • Compensation for long-term disabilities or impairments.
  • Emotional losses such as diminished companionship and support.
  • In some cases, you may also get punitive damages as a penalty to discipline the responsible party for their careless or negligent actions.
  • Future medical expenses and rehabilitation to treat the long-term impact of your injuries.

Therefore, make sure to reach out to a knowledgeable attorney at Uptown Injury Law, PLLC, to ensure all your damages are covered and compensated. Our team of truck accident lawyers can increase your chances of securing compensation that covers your damages and losses.

When Should You Consult an Attorney After a Read-End Truck Collision?

When involved in truck accidents, you may believe consulting an attorney isn’t necessary. However, there are certain situations where seeking legal advice becomes crucial. These include severe injuries and damages that affect your ability to work and inaccurate accident details in a police report. Additionally, you should contact a lawyer during complex insurance negotiations and when numerous parties are involved in your accident.

You’ve Sustained Severe Injuries or Damages 

Severe injuries can lead to medical bills that add up quickly, and the damages can prevent you from returning to work. However, an attorney by your side can guarantee that you receive the necessary financial assistance for your recovery. For this purpose, they will guide you through an insurance claims process, helping you get the top compensation for your injuries and damages.

Unable to Return to Work 

Suffering from severe injuries like internal and neck injuries due to a rear-end truck collision can affect your life and hinder your ability to return to work. To deal with such situations, an attorney can help you secure compensation for both lost earnings and future income loss. This financial support will maximize your recovery and ensure you have the necessary resources to navigate through this challenging period.

Police Report Does Not Accurately Reflect the Incident

If you find that the police report from your accident lacks crucial details or contains errors, potentially affecting your claim and the determination of fault. Your truck accident lawyer can help you challenge these inaccuracies by gathering the necessary evidence to correct these mistakes. Additionally, they’ll protect your rights and ensure that the actual events leading to your accident are accurately presented in your accident report.

Contacted by the Other Party’s Insurer

If the insurance company representing the other party in a collision reaches out to you, see it as a definitive sign to consult a lawyer. Insurance adjusters specialize in resolving claims for less than their total value. Before you start negotiations or accept the low settlement offer, getting legal counsel can prevent you from accepting less than what you’re entitled to.

Multiple Parties Are Liable for the Accident

If a collision with a truck involves multiple parties, like the truck driver, the trucking company, or a government entity. In such cases, this can complicate the determination of fault and responsibility for your damages.

To deal with such circumstances, your truck accident attorney will examine the accident location and collaborate with an accident reconstruction expert. This detailed investigation will accurately identify the responsible party so that you can seek fair compensation for your losses.

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How Much Will You Pay for a Truck Accident Attorney?

When you choose an attorney for your truck accident case, you will pay them through a contingency fee. This fee consists of 33.3% to 40% of the settlement or verdict they secure on your behalf. This means the attorney’s payment depends on the successful resolution of your case. In addition, based on the complexity of your case, you may incur various expenses, such as: 

  • Hiring expert witnesses to strengthen your claim.
  • Investigation expenses, especially in scenarios involving multiple parties.
  • Charges for obtaining essential documents like police reports or medical records.
  • Fees associated with submitting a lawsuit in court.

If your case does not result in a financial recovery, you won’t be responsible for paying these attorney fees. However, it’s essential to have a straightforward conversation about these potential costs with your attorney from the start. To do this effectively, an experienced truck accident lawyer will provide a cost-free consultation to discuss your case fees. So that you are well-informed before proceeding. 

Speak With Our New York Truck Accident Lawyer at Uptown Injury for a Free Case Review

At Uptown Injury Law, PLLC, we understand how overwhelming and stressful truck accident cases can be. That’s why our legal team offers a free consultation to review your case and guide you through the legal process. With over 15 years of experience and a proven track record of securing over $100 million in verdicts and settlements, we will help you get the compensation you deserve.

Our team of dedicated truck accident lawyers will:

  • Review Your Case Details: We’ll carefully analyze the specifics of your accident to understand the impact of the accident on your life.
  • Explain Your Legal Options: We’ll break down the legal process and answer any questions you have in clear and understandable language.
  • Fight for Fair Compensation: Our truck accident attorneys will negotiate with an insurance company for the maximum compensation for your damages or injuries. 

So don’t wait any longer and start your FREE CASE REVIEW TODAY or call us at  917-540-8728.

FAQs

What Should I Do if I’m Involved in a Rear-End Collision With a Commercial Truck?

If you’ve been in a rear-end collision with a commercial truck, ensure your and other people’s safety. Call emergency services for medical and police assistance. It’s crucial to seek prompt medical help for injuries sustained, even minor ones. Following this, take photos of the scene and collect information from any witnesses. Additionally, contact a personal injury attorney experienced in dealing with commercial vehicle accidents. They will help you establish the liability of the responsible party.

How Are Truck Accident Victims Compensated for Their Injuries?

You can get compensated for your injuries by initiating a lawsuit or an insurance claim against the responsible party. This may involve the truck driver or the trucking company. The compensation may cover medical expenses, vehicle damage, lost wages, and pain and suffering. Turn to a truck accident lawyer at Uptown Injury Law, PLLC. Our team will ensure you attain the maximum compensation for your injuries.

What Are the Common Causes of Rear-End Collisions Involving Commercial Trucks?

Rear-end collisions occur due to several factors. These factors are reckless driving, failure to adhere to federal regulations, long hours leading to driver fatigue, and inadequate training. On the other hand, commercial vehicles need more time to slow down due to their size and weight. This makes it critical for drivers to keep a safe following distance from other vehicles. When a truck hits one vehicle from behind, it’s often due to the driver’s inability to adjust to traffic conditions or distractions.

What Types of Injuries Are Most Common in Truck Accidents?

Common injuries in truck accidents include neck injuries, broken bones, back injuries, and, in severe cases, wrongful death. If you’re in a truck accident, consult Uptown Injury Law, PLLC. Our expert team will assess the full scope of your injuries and help you reduce the financial strain of your hospital bills. So that you can focus on your healing.

How Is Liability Determined in a Truck Crash Claim?

You can demonstrate liability in a truck accident case by examining evidence from the accident scene and vehicle damage. This includes the black box data, trucking company records, and witness statements. A personal injury attorney at Uptown Injury Law, PLLC, can analyze this evidence to identify the negligent party, whether it’s the truck driver, trucking company, or another entity. Contact us today to schedule your risk-free, no-obligation consultation.

Can You Sue for Wrongful Death if a Loved One Dies in a Truck Accident?

Yes. If a truck crash tragically results in the loss of your loved one, you have the right to hold the responsible party accountable by filing a lawsuit against them. In New York, you must initiate a wrongful death lawsuit within 2 years from the accident date.
Therefore, consult our lawyer at Uptown Injury Law, PLLC, to act within the legal deadlines. While we understand that no amount of compensation can replace your loved one, our legal team will file a lawsuit and secure the possible compensation for your losses.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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