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How Do Semi Truck Accident Lawyers Support Cyclists?

how semi truck accident lawyers advocate for cyclists and pedestrians

A semi-truck accident lawyer helps you investigate, gather evidence, and identify responsible parties. Furthermore, your lawyer will advocate your rights against big trucking companies and demand a fair settlement. If needed, an attorney will support you in filing a lawsuit.

With over 15 years of trial experience, our truck accident lawyers at Uptown Injury Law, PLLC have been tirelessly for accident victims in the Bronx, Manhattan, Queens, Brooklyn, and New York City. Get in touch with our team to determine if you’re eligible to file a claim. Schedule your free consultation now!

How Can a Semi Truck Accident Lawyer Help You?

full and fair compensation after a semi truck accident

A semi-truck accident lawyer can help by investigating your case, identifying liable parties, and negotiating with trucking insurance companies. They advise on settlement offers, guide you in filing a lawsuit if necessary, and often work on a contingency fee basis, ensuring you only pay if they win your case. 

1. Investigate Your Case and Collect Solid Evidence

Your lawyer digs into the details, conducting thorough interviews with witnesses, engaging with investigating officers, and reviewing police records and witness statements. They scrutinize crucial aspects such as the truck driver’s phone logs, driving records, and vehicle inspection reports.

Furthermore, your truck accident attorney may conduct an on-site investigation at the accident scene, seeking additional evidence. If necessary, they may collaborate with accident reconstruction experts to recreate the scene to comprehensively understand the events that led to your accident. This detailed process ensures you have a solid argument based on the evidence, which further strengthens your legal standing in front of insurers or the court. 

2. Identify the Liable Parties

If you are a pedestrian or cyclist involved in a semi-truck accident, identifying the liable parties becomes a critical aspect if you want to file an injury claim and seek compensation. Your lawyer takes charge of this process, determining who holds responsibility for the incident. The liable parties may include:

  • The truck driver, who might have been negligent or violated traffic rules.
  • The trucking company, responsible for the actions of its employed drivers and ensuring compliance with safety regulations.
  • Manufacturers or maintenance providers if defects or maintenance issues contributed to the accident.
  • Shippers or cargo loaders, especially if improper loading led to the accident.
  • Third-party contractors involved in truck maintenance or specific aspects of the trucking operation.

By establishing accountability among these potential parties, your lawyer ensures that the right entities are held responsible for the injuries and damages sustained during the accident. Moreover, identifying these liable parties is crucial for building a robust case, enabling your lawyer to target the appropriate individuals or entities during negotiations and, if necessary, in legal proceedings.

3. Negotiate Against Big Trucking Insurance Companies

Negotiating against big trucking insurance companies is a challenging but essential step in seeking fair compensation after a truck accident. Your lawyer, well-versed in handling such complexities, takes on this task with expertise. They understand the strategies these large insurers employ, often aimed at minimizing payouts or even denying the claim altogether.

Despite these challenges, your personal injury lawyer uses their skills to advocate for your rights. Whether securing a fair settlement or representing you in legal proceedings, your lawyer stands firm against the intricacies posed by big trucking insurance companies. Guiding you throughout the negotiation process, they instill confidence as you work towards a resolution that justly compensates you for the impact of the truck accident.

4. Advise You When to Accept the Settlement Offer

You may end up accepting a settlement offer hastily after a truck accident, pressured by the opposing party or their insurance. This is where your lawyer’s crucial role comes in. They carefully assess the offer, considering both economic and non-economic losses stemming from the incident. These losses include medical expenses, property damage, emotional distress, and pain, ensuring that every aspect is accounted for in the settlement.

In addition, your lawyer understands the urgency but also emphasizes the importance of making an informed decision. Their advice considers not only immediate needs but also long-term implications, guiding you on whether the proposed settlement genuinely aligns with the full extent of your losses. With their expertise, you can navigate the pressure and timing of settlement offers, ensuring that you don’t settle for an amount that falls short of adequately addressing the broader impact the truck accident has had on your life.

5. Help You File a Lawsuit

If negotiations fall short or the offered settlement is insufficient, your lawyer is ready to take the next step: helping you file a lawsuit after a truck accident. This involves initiating legal proceedings to seek compensation through the court system. Your lawyer will guide you through the legal process, ensuring all necessary documents are prepared accurately and filed within the required timelines.

Remember, as a cyclist or pedestrian, you must file a lawsuit within three years after the truck accident for personal injury, property damage, and emotional distress claims. However, the deadline is two years if your claim involves wrongful death. 

Furthermore, if the New York government owns the truck involved in the accident, you only have 90 days to make a claim. A semi truck accident lawyer will ensure you understand and adhere to these deadlines, taking the necessary steps to protect your rights and seek the rightful compensation you deserve.

6. Work on Contingency Fee Structure

Under a contingency fee structure, your semi truck accident lawyer’s motivation aligns with yours – to obtain the best possible outcome. They will tirelessly work to build a strong injury case, negotiate with insurance companies, and, if needed, file a lawsuit on your behalf. 

Additionally, this fee arrangement allows you to access legal representation without financial strain, ensuring you can pursue the compensation you deserve without worrying about legal expenses. This means you won’t have to worry about upfront legal fees. Your semi accident attorney will only get paid if they successfully secure compensation for you.

Statistics of Truck Accidents in NYC

Statistics of Truck Accidents in NYC

In 2021, New York witnessed 16,467 large truck accidents, of which 15,606 resulted in severe injuries such as traumatic brain injuries, fractures, and knee injuries. Notably, 15% of the 4,714 fatal injuries in truck accidents involved pedestrians and cyclists, according to the Insurance Institute for Highway Safety.

Specifically focusing on 2021 ITSMR statistics:

  • 149 pedestrians were struck in large truck accidents.
  • 81 New York bicyclists suffered severe injuries.
  • There were 48 large truck motorcycle accidents in the state.

Source: National Safety Council

What Are the Reasons for Pedestrian and Cyclist Truck Collisions?

Weighing around 80,000 pounds, trucks present considerable risks when sharing the road with pedestrians and cyclists. There are several common reasons for bicycle and pedestrian accidents involving semi-trucks.

  1. Failure to yield is a prevalent issue. Truckers might overlook pedestrians or cyclists, leading to collisions when the right of way is not properly observed. Additionally, failure to check blind spots or surroundings is a key factor. Due to the large size of trucks, drivers may miss pedestrians or cyclists in their blind spots, resulting in accidents.
  2. Poor visibility conditions or defects in the road infrastructure may hinder truck drivers from noticing pedestrians or cyclists, increasing the likelihood of accidents. Improper lane changes or turns by truckers pose another risk, especially if these maneuvers are performed without caution.
  3. Intoxication or driving under the influence, lack of adequate sleep leading to fatigue, aggressive or careless driving, and distractions like mobile phones can all significantly increase the risk of collisions involving pedestrians and cyclists.

Addressing these common reasons for truck-pedestrian and truck-cyclist collisions is crucial for enhancing road safety and reducing the incidence of accidents in urban environments.

What to Do if You Get Hit by a Semi-truck?

If you, as a cyclist or pedestrian, ever find yourself in the unfortunate situation of being hit by a semi-truck, follow these steps:

  • Ensure Safety: Prioritize your safety and move to a safe location to avoid further harm to yourself and others.
  • Seek Medical Attention: Seek medical attention promptly, even for seemingly minor injuries. Injuries from semi-truck accidents can be severe, and some symptoms may not be immediately apparent.
  • Contact Law Enforcement: Call the police officers to report the accident. Their presence is essential for documenting the incident, gathering information, and creating an official record.
  • Exchange Information: Exchange information by sharing contact numbers and insurance details with the truck driver. Also, gather information from any witnesses present at the scene, as this data is valuable for both insurance claims and legal proceedings.
  • Document the Scene: If it’s safe to do so, take pictures of the accident scene. Capture details such as vehicle damage, injury severity, road conditions, and relevant signage. These visuals serve as valuable evidence to support your case. 
  • Limit Statements: Avoid admitting fault or making statements that could be interpreted as accepting blame. Stick to presenting factual information when communicating with the police, other involved parties, or insurance representatives.
  • Contact Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate accident details and cooperate fully with their investigation.
  • Consult with an Attorney: Consider consulting with a semi-truck accident attorney, especially if you’ve sustained injuries. They can guide you on your rights, assess potential legal actions, and help you navigate the complexities.

Who Can File a Wrongful Death Truck Accident Lawsuit?

If you’ve lost a loved one in a truck accident, the eligibility to file a wrongful death lawsuit depends on your state laws. In New York, immediate family members such as the surviving spouse, children, and parents have the right to bring forth a wrongful death claim. 

More distant family members like siblings and grandparents may also be eligible if the decedent had no surviving spouse, children, or parents. Moreover, the court may appoint a personal representative, especially if there is no will, to file the lawsuit on behalf of the estate. It’s crucial to understand your state’s specific regulations. 

Consult Uptown Injury Law, PLLC Semi Truck Accident Lawyer Today!

A truck accident can leave you feeling physically and emotionally shattered. Medical bills pile up, lost wages eat away at your savings, and the stress of navigating insurance claims feels overwhelming. But you don’t have to face this alone. At Uptown Injury Law, PLLC, we offer the support and guidance you need to get back on your feet.

With over 15 years of trial-winning experience, our attorneys secured $100 million in settlements and verdicts against trucking companies. We are dedicated to gathering compelling evidence for your case, including accident reports, witness statements, and medical records. We aim to ensure you get a fair compensation amount for the injuries and damages incurred in the truck accident.

What Sets Us Apart?

  • Free case review
  • Aggressive negotiation
  • Client-Centered approach
  • Compassionate support
  • 24/7 availability
  • No Win, No Fee policy

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

FAQs

When Should You Consult a Semi-truck Accident Attorney?

You should consult a semi-truck accident attorney as soon as possible after the incident. Early involvement enables the attorney to gather vital evidence and assess liability. Moreover, their guidance through legal processes at an early stage enhances your chances of achieving a favorable resolution.

What Are the Fees to Hire the Best Semi Truck Accident Lawyer?

Most semi-truck accident lawyers operate on a contingency fee structure. This means they only get paid if they win your case, typically taking a percentage of the settlement award. Consultation fees are usually free, making it accessible for accident victims to seek the best legal representation without upfront costs.

What Type of Damages Can You Claim in a Truck Accident Case?

You can claim various damages if you are a pedestrian or cyclist in a truck accident. These include reimbursement for medical expenses, compensation for property damage, recovery of lost income, and pain and suffering. Moreover, in cases of severe injuries, you may seek compensation for long-term medical care and rehabilitation costs.

What Is the Role of Expert Witnesses in Trucking Accidents?

Expert witnesses in trucking accidents play a vital role by offering specialized insights and knowledge. They help establish liability, assess accident causes, and provide expert opinions on industry standards, enhancing the strength of your case.

What Is the Importance of Black Box Data After a Truck Accident?

After your accident, the truck’s black box data serves as a critical piece of evidence. It provides crucial information about the truck’s speed, braking, and other operational details leading up to the accident. This data is instrumental in reconstructing the events, determining fault, and strengthening your case in the aftermath of a truck accident.

What Factors Can Help You Prove Negligence in Truck Accident Cases?

Proving negligence in truck accident cases involves establishing four key elements. Firstly, show that the truck driver owed you a duty of care for your safety on the road. Secondly, demonstrate the driver’s breach of duty by acting unreasonably or violating traffic laws. Thirdly, establish a direct link between the driver’s breach and your accident and injuries. Finally, prove significant damages, including physical injuries and vehicle damage, resulting from the accident.

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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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