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Should You Hire a Truck Accident Lawyer?

truck accident cases

Yes, hiring an experienced truck accident lawyer is highly recommended to deal with the complex legal system. At Uptown Injury Law, PLLC, our attorneys will investigate your case, handle communication with the insurers so you don’t fall victim to insurance exploitations, and ensure you receive the maximum settlement you deserve.

Contact us today at 917-540-8728 for a free case evaluation, and let us ensure your rights are protected.

Why Should You Consult a Truck Accident Attorney in NY?

Consulting a truck accident attorney in NY is crucial if you’ve suffered injuries, lost a loved one, or faced complexities like unfamiliar local laws, uninsured parties, multiple responsible parties, or if the trucking company denies your claim. An experienced accident attorney ensures your rights are protected, handles legal difficulties, and increases your chances of securing fair compensation against powerful trucking companies and insurers.

1. You Have Suffered Serious Injuries in the Trucking Accident

The severity and complexity of your injuries play a key role in determining whether you need a truck accident attorney. Unlike accidents involving only cars, truck accidents often result in devastating injuries, leading to hefty medical bills.

Emergency transportation, medical care, surgeries, hospitalizations, professional visits, and medications all contribute to the financial burden. In cases of disabling injuries, additional costs for medical equipment, specialized vehicles, and home modifications may arise.

In a truck accident case, documentation is vital. This is where a professional truck accident lawyer comes in. They ensure thorough documentation, and collect evidence such as medical bills, records, images of injuries, and bills related to vehicle repairs and other accident-related expenses.

Moreover, they have access to medical experts who can assess and strengthen your claim. This collaboration ensures that every aspect of your injuries is well-documented, a vital step in proving the compensation you deserve.

Remember, the more comprehensive the documentation, the stronger your case becomes. Therefore, consulting a truck accident attorney becomes compulsory to handle the intricacies and secure the compensation you might need for your recovery.

2. Lost a Loved One in the Accident

Losing a loved one in an accident is an emotionally devastating experience. The National Highway Traffic Safety Administration reveals a stark reality through its statistics. In 2019, large trucks weighing 10,000 lbs or more were involved in a staggering 4,136 fatal crashes, highlighting the alarming frequency of such accidents.

During this challenging period, when energy is low, and grief is high, your attorney supports you. They investigate, determine liability, and fight for compensation, covering funeral expenses, loss of income, and the emotional toll. Their expertise in wrongful death claims helps you navigate the legal process and offer the relief you need.

Moreover, the financial hit adds stress if the person you lost was the main breadwinner. A skilled truck accident attorney works to get compensation not just for immediate expenses but also for the long-term financial stability of the surviving family members. In the face of tragedy, your attorney stands by your side, providing the strength and support to pursue justice for your lost loved one.

3. You’re Unfamiliar With the Local Trucking Laws and Regulations

If you’re unfamiliar with New York trucking laws, hiring a truck accident lawyer is a smart move. They know how to investigate the facts quickly and ensure all legal claims are made on time without delays. In New York, the statute of limitations for filing legal claims after a truck accident is generally three years.

Furthermore, having an experienced attorney ensures you follow these timelines correctly, making the whole process less stressful and more successful. Keep in mind that insurance companies usually conduct investigations into the claim, taking time to determine fault and liability.

If negotiations between both parties fail, the case may go to court, prolonging the resolution process. Additionally, pre-trial motions or appeals could further delay a settlement. So, having an experienced attorney by your side ensures a smoother process, guiding you through potential delays and complexities in resolving your claim.

Do you know that New York commercial truck drivers must follow rules from the Federal Motor Carrier Safety Administration (FMCSA)? This includes regular checks on breaks, lights, and maintenance to ensure everything is in order. Any violations in these areas can lead to accidents. 

A skilled truck accident lawyer is well-versed in the FMCSA rules and plays a key role in investigating the accident and determining what caused the collision.

4. The At-Fault Driver Is Uninsured or Underinsured

When the responsible truck driver lacks enough insurance coverage, an experienced attorney can explore alternative sources of compensation. This may involve using your own insurance coverage, like uninsured or underinsured motorist coverage, to fill the financial gap for medical expenses, vehicle repairs, and other damages.

Handling the insurance claims and negotiations can be tricky, especially with an uninsured or underinsured truck driver. An attorney brings expertise to the table, ensuring you are not taken advantage of during negotiations. With their support, you can face these complexities with confidence, knowing your rights are protected.

5. There Is More Than One Party Responsible for the Accident

In contrast to other auto accidents, trucking accidents often involve multiple parties sharing blame. Depending on the accident’s details, potential liable parties might include:

Party ResponsibleActions or Factors for Liability
Truck DriverNegligence, fatigue, impaired driving
Trucking CompanyImproper training, unrealistic schedules, negligent hiring
Truck ManufacturerFaulty part, mechanical failure
Mechanic/Maintenance CompanyInadequate maintenance
Another Driver on the RoadShared responsibility, reckless driving
Government EntityPoor road conditions, design issues

Establishing liability becomes complex with multiple parties involved, such as the trucking company, truck driver, manufacturers, or maintenance providers. Each potentially responsible party and their insurance companies are quick to hire lawyers to minimize liability. This often involves tactics like shifting blame and hiding or misrepresenting crucial evidence.

Navigating these complexities requires the expertise of an experienced truck accident lawyer. They can counter such tactics, guaranteeing the protection of your rights and securing fair compensation for injuries, damages, and losses arising from the accident.

6. The Trucking Company Is Denying Your Claim

If the trucking company denies your claim, it adds another layer of complexity to your situation. In such situations, it becomes necessary to enlist the help of a truck accident attorney. Their expertise is essential in navigating the intricacies of handling a resistant trucking company.

To establish liability, it’s crucial to show that the trucking company had a duty of care to avoid putting others in danger. Additionally, it must be demonstrated that they breached this duty by creating unsafe conditions. For instance, the trucking company might have:

  • Inadequate driver training as a contributing factor to the accident.

  • Failure to enforce safety regulations, including exceeding hours-of-service limits and neglecting vehicle maintenance.

  • Ignoring driver fatigue and imposing unrealistic schedules, resulting in hazardous road situations.

Proving these aspects is essential to overcoming the trucking company’s denial. It involves thorough investigation, gathering evidence, and building a strong case to show how their negligence contributed to the accident.

Moreover, when a trucking company denies a claim, they may employ various tactics to deflect responsibility. This could include disputing evidence, questioning the severity of injuries, or shifting blame onto other parties involved. An experienced truck accident attorney is adept at countering these strategies, ensuring your rights are protected, and building a robust case to support your claim.

How to Choose the Right Truck Injury Lawyer in New York?

truck accident victims

When choosing a truck injury lawyer in New York, prioritize a firm with a credible reputation, a strategic approach backed by solid investigations and resources, a successful track record in personal injury cases, and a transparent payment structure, such as a fair contingency fee. These key factors ensure you have a trustworthy and effective legal representation for your truck accident case.

1. Credibility of the Truck Accident Law Firm

When choosing an ideal lawyer, the first critical aspect to evaluate is the credibility of the law firm with which they are associated. Begin by examining the firm’s reputation, which can be gauged through online reviews, client testimonials, and any recognition or awards within the legal industry.

A reputable firm will have a history of providing trustworthy and effective legal services to you. Additionally, consider referrals from friends, family, or other professionals to further verify the law firm’s credibility. Ultimately, a credible truck accident law firm instills confidence that your case is in capable hands.

2. Approach to Investigations, Strategy, and Resources

The second critical aspect is evaluating the law firm’s approach to investigations, strategy, and resources. A reliable truck accident lawyer should systematically and thoroughly gather evidence, conduct investigations, and build a robust legal strategy.

Ask about their methods for accident reconstruction, witness interviews, and collaboration with experts. Assess the firm’s access to resources, such as medical professionals and accident reconstruction specialists, as these contribute to the strength of your case. A well-prepared and resourceful legal team enhances the likelihood of a successful outcome for your truck accident claim.

3. Success Rate in Personal Injury Cases

The third key factor in selecting a truck injury lawyer is their success rate in personal injury cases. Research the law firm’s track record, specifically focusing on outcomes in cases related to truck accidents. A high success rate indicates the firm’s proficiency in securing favorable client settlements or verdicts.

Look for cases similar to yours and examine the results, as this provides insights into their ability to navigate complexities and deliver positive outcomes. A proven history of success establishes confidence in the law firm’s capability to handle your truck accident case effectively.

4. Payment Structure

Not all firms follow the same payment arrangements, so it’s essential to understand how they charge for their services. Many reputable personal injury lawyers operate on a contingency fee policy, which means they only get paid if they win your case.

Clarify the percentage they charge from the settlement or verdict and inquire about any additional fees or costs associated with your case. A transparent payment structure ensures a clear understanding of the financial aspects, aligning your interests with the law firm’s commitment to achieving a successful outcome.

Risks of Not Hiring a Trucking Accident Lawyer

Not hiring a truck accident lawyer can put you at risk in several ways. First, without legal expertise, you may struggle to understand complex trucking regulations, insurance company policies, and the legal processes involved in your case. This lack of understanding may result in mistakes that weaken your overall position, potentially leading to a lower settlement.

Second, truck accidents often require thorough investigations involving details from the entire accident scene, witness statements, and trucking company records. Without a lawyer, you might find it challenging to gather all the necessary evidence, making it harder to prove who is at fault.

Third, insurance companies may offer settlements far less than what you truly deserve, especially if you don’t have a lawyer to advocate for your rights. Having legal representation ensures that any settlement takes into account the full scope of your injuries, damages, and future needs.

Trucking companies often have legal teams ready to protect their interests, and without representation, you may feel intimidated during the legal process. This intimidation can make it easier for the opposing side to influence the outcome in their favor. Legal representation increases your chances of reaching a fair settlement without being unfairly pressured.

Furthermore, missing critical deadlines is a common risk without legal guidance. Filing documents and meeting timelines are essential in personal injury cases, and without a lawyer, you may inadvertently jeopardize your case.

Lastly, determining the full extent of damages, including medical costs, lost wages, and future expenses, requires legal expertise. You may undervalue your claim without a lawyer, leading to insufficient compensation for your present and future needs.

How Long Do You Have to File a Truck Accident Claim in NY?

In New York, you typically have three years from the accident date to make a claim. This three-year period is known as the statute of limitations. It’s essential to act promptly within this timeframe to initiate legal proceedings against those accountable for the accident.

However, if a government entity is involved, you may be required to file a notice of claim within a shorter period—often within 90 days—before proceeding with a lawsuit. Consulting with a truck accident attorney promptly ensures you understand and comply with these deadlines, protecting your right to seek fair compensation for injuries and damages.

Uptown Injury Truck Accident Lawyer: Your Advocates in NY

If you or your loved one gets in a truck accident in the Bronx, Manhattan, Queens, Brooklyn, or the NYC Metro Area, Uptown Injury Law, PLLC is here to offer more than just legal representation. We provide support, empathy, and a dedicated focus on your well-being.

Why Choose Uptown Injury Truck Accident Lawyers?

Expertise in Truck Accident Claims: Our seasoned truck accident attorneys at Uptown Injury Law, PLLC, bring years of experience handling personal injury claims, particularly those arising from truck accidents. We understand the complexities involved and are well-versed in the unique challenges these cases present.

Comprehensive Investigation: We undertake the intricate task of investigating your case thoroughly. From gathering evidence to establishing liability, our team is committed to doing the hard work necessary to build a strong case on your behalf.

Accountability for Negligence: Holding the negligent party accountable is a cornerstone of our approach. Therefore, we work tirelessly to ensure that those responsible for the truck accident are held liable for their actions, seeking justice on your behalf.

Maximizing Compensation: Our goal is to secure fair compensation for you. With a focus on understanding the full extent of your damages, we strive to maximize the compensation amount you deserve, helping you recover from the financial and emotional aftermath of the accident.

No Fee Unless You Win: At Uptown Injury Law, PLLC, we operate on a ‘No Fee Unless You Win’ basis. This means you only pay if we successfully secure compensation for your case, providing you peace of mind during a challenging time.

To understand your case better, we offer a free consultation. Whether online or through a toll-free call at 917-540-8728, we’re here to listen, evaluate, and guide you on the next steps.

FAQs

How Much Time Does It Take to Resolve A Truck Accident Claim?

The timeline for resolving a truck accident claim varies, but typically, it takes several months to a few years. It depends on factors like the case’s complexity, negotiations, and potential legal proceedings. Throughout this process, staying patient and collaborating with your attorney will help achieve the best possible outcome.

How Much Does It Typically Cost to Hire a Truck Accident Lawyer in New York?

In New York, the average cost of hiring a truck accident attorney is often based on a contingency fee, typically ranging from 33% to 40% of your settlement. This means you only pay if you win your case. This arrangement can ease financial concerns and align your interests with your attorney’s.

What Qualities to Look for When Hiring a Truck Accident Attorney?

When hiring a truck accident attorney, always look for qualities like experience handling similar cases, a track record of successful outcomes, and clear communication skills. Additionally, seek an attorney who offers a free consultation to discuss your case and understand your specific needs. These qualities ensure you have a skilled and reliable attorney to successfully navigate your truck accident claim.

Can a Truck Accident Lawyer Guarantee Results?

No truck accident lawyer can guarantee results, and if any lawyer promises you a guarantee, be wary. Various factors influence legal outcomes, and unforeseen circumstances may arise during the process. Therefore, choose a lawyer who provides realistic expectations and a commitment to diligently work on your case for the best possible outcome.

Is Hiring a Truck Accident Attorney Worth It?

Yes, it’s worth hiring a truck accident attorney, and you have nothing to lose when you hire Uptown Injury Law, PLLC, truck accident attorneys. We understand the financial burden you may face after an accident and work on a contingency fee basis, this means you only pay if we win your case. Moreover, our expertise increases your chances of a favorable outcome without any upfront financial risk.

What are the Risks of Waiting Too Long to Hire a Truck Accident Lawyer?

In New York, waiting too long to hire a truck accident lawyer poses significant risks. Firstly, you risk losing your right to file a lawsuit as statutes of limitations govern personal injury cases. Secondly, crucial evidence may fade, making it harder for your lawyer to build a strong case. Lastly, delayed legal action may force you to pay accident-related expenses out of your pocket, causing potential financial strain. In order to avoid these risks, act promptly and consult a truck accident lawyer at the earliest opportunity.

What Does a Semi-Truck Accident Lawyer Do?

A semi-truck accident lawyer is professional in handling accident cases involving large commercial trucks. If you’ve been involved in such an accident, hiring a lawyer with expertise in this field is essential. They navigate complexities, investigate the incident thoroughly, and advocate on your behalf to get fair 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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