Without a doubt, semi trucks are critical to our economy. Without these trucks delivering products, we’d be in bad shape. Yet big rigs can also be dangerous – particularly when they crash into much smaller passenger vehicles.
A fully loaded tractor-trailer may weigh tens of thousands of pounds, which means that when it collides with a car, SUV, or smaller truck, the chances of serious injury are high. If you have been hurt in a truck accident, our Nassau County personal injury lawyers can help you get the money that you deserve for your property damage, medical bills, pain and suffering, lost wages, and more.
The Odierno Law Firm Accident and Injury Lawyers represents clients who have been hurt in all types of accidents throughout Long Island. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law offices today to schedule an appointment with our Garden City truck accident attorneys.
Filing a Lawsuit for a Garden City Truck Accident Case
When you file a personal injury lawsuit, you – the plaintiff – are typically required to prove that the truck driver (defendant) was at fault. Most often, you must prove that the truck driver and/or the trucking company was negligent (careless). A person is negligent when they fail to use the level of care that a reasonable person would use in a similar situation.
Many of the more frequent causes of truck accidents – like speeding and failure to yield – are examples of negligent driving. In other situations, truck accidents may be caused by intentional or reckless conduct. This may be the case when a truck driver is operating under the influence of alcohol and/or drugs and causes a crash.
In a truck accident case, your claim likely won’t be just against the truck driver – their employer will almost certainly be a defendant in the case. Under the doctrine of respondeat superior, employers are typically responsible for the negligent things that their employees may do while working. This means that if a truck driver causes a crash with their rig while working, the trucking company can be held legally responsible.
A trucking company may be liable whether their own negligence caused the crash or if the driver did something careless, like changing lanes without looking to make sure the way was clear. This is good for plaintiffs because big corporate truck companies typically have much larger insurance policies than the average person does. At the same time, it also means that you will be going up against a large business and an even larger insurance company when you file a claim.
Proving that the defendant was responsible for a car accident requires a thorough investigation. Our Garden City truck accident lawyers are skilled at gathering evidence that supports your claim. This may include interviewing witnesses, requesting accident reports, and analyzing photos and videos of the accident scene.
Truck accidents are unique because big rigs typically have a “black box” that records data about the vehicle – such as the rate of speed that the truck was traveling at before the accident and whether and when the brakes were applied. Other electronics record information about the truck’s maintenance history and how long the driver was behind the wheel (to comply with federal hours of service regulations). We will collect this information and review it, using our knowledge of federal and state law to determine whether a violation occurred – and how the truck driver’s negligence may have contributed to the accident.
Once we have completed our investigation, we will send a demand letter to the at-fault driver, the trucking company, and their insurance company. A demand letter sets out the facts of the case, explains the legal reasons why their insured is liable, and then makes a demand for compensation. Typically, insurance companies respond to these letters with a counteroffer.
Because truck accident cases are much more complex than typical motor vehicle collision cases, it is important to retain a personal injury law firm with specific experience in these types of cases. In Nassau County, you can rely on The Odierno Law Firm Accident and Injury Lawyers to get you maximum compensation for your Garden City truck accident claim.
Compensation in a Truck Crash Case
Unfortunately, truck accidents often cause severe, catastrophic injuries. In some cases, truck accidents are even fatal. This reality makes it all the more important that you understand exactly what compensation you may be entitled to for your injuries. The best way to get this knowledge is by scheduling a free initial consultation with a Garden City truck accident attorney.
During this appointment, your lawyer will listen to your story and offer you legal advice about your options for pursuing a claim. They will also give you a rough estimate of the value of your case. This number may increase or decrease as the case progresses, but it should give you a better idea of how much you may recover through a lawsuit.
You might be entitled to three different types of compensation, which are referred to as damages:
- Economic damages pay for your direct financial losses. They include things like property damage, medical bills, future medical treatment, lost wages, and reduced earning capacity. Depending on the facts of your case, you may have other economic losses, like the cost of making your home and/or vehicle accessible if you suffered a permanent disability.
- Noneconomic damages pay for indirect losses. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. These damages can be harder to prove but are critical to a full recovery – as the emotional scars associated with an accident can be just as damaging as the physical ones.
- Punitive damages are awarded in more unusual cases where the defendant acted intentionally or recklessly. The goal of these damages is to punish a wrongdoer instead of compensating an accident victim. For example, if a truck company instructed its drivers to speed or drive without taking a break in order to deliver goods more quickly, it could be considered intentional or reckless conduct that warrants punitive damages.
If a family member dies as a result of a collision with a semi-truck, their surviving relatives may also be able to file a wrongful death claim to recover money for their losses. Essentially, a wrongful death claim may be filed whenever a person could have filed a personal injury lawsuit if they had survived the accident. These lawsuits are filed on behalf of the estate, with the proceeds going to the deceased person’s heirs.
Insurance companies work hard to minimize the amount that they pay out on claims to stay as profitable as possible. Our job as truck accident lawyers is to hold truck drivers, trucking companies, and their insurers responsible for the injuries that they caused. We won’t let shady insurance company tactics derail your right to full compensation – we will fight to get you the money that you deserve.
In most cases, personal injury claims are resolved outside of court. It may still be necessary to file a lawsuit to protect your legal rights. Our Garden City truck accident lawyers are skilled at both negotiating and litigating – giving us the edge when it comes to getting our clients the money that they deserve for their injuries.
Can I Handle a Truck Accident Case on My Own?
No. While it might be fine to represent yourself in a minor car accident that does not involve any injuries, truck accidents can rarely be considered minor. When a big rig collides with a passenger vehicle, it usually causes major property damage and severe injuries. Anyone involved in a truck accident should have legal representation.
In addition to the potential for serious injuries, the trucking company and insurance company will have their own lawyers and adjusters to represent their interests. You can increase the likelihood of a favorable outcome by having a Garden City truck accident lawyer represent you. Call The Odierno Law Firm Accident and Injury Lawyers today to schedule a free consultation with a Garden City personal injury attorney.
I’m Out of Work. How Can I Pay a Lawyer?
Paying for a lawyer is a legitimate concern for anyone hurt in an accident. Fortunately, personal injury lawyers almost always represent clients on a contingency fee basis. With this type of fee agreement, you don’t pay a retainer or an hourly fee. Instead, you will only pay an attorney’s fee if they recover money for you via a settlement or trial verdict.
With a contingency fee agreement, you don’t have to worry about how you can afford big legal bills. Your attorney will front all of the expenses for you and won’t get paid unless and until you do. Contact The Odierno Law Firm Accident and Injury Lawyers today to talk to a skilled Garden City truck accident lawyer.
Common Causes of Truck Accidents
Trucks are commercial motor vehicles that are regulated under both federal and state law. According to the Federal Motor Carrier Safety Administration (FMCSA), the leading cause of truck accidents is driver error – the same leading cause for all motor vehicle accidents. However, the difference between truck accidents and other types of crashes is that when an incredibly large vehicle is involved, the potential for catastrophic injuries is that much higher.
Our law firm handles truck accident cases in the Garden City area with a variety of causes, including:
- Driver fatigue
- Distracted driving
- Reckless driving
- Driving under the influence of alcohol and/or drugs
- Aggressive driving
- Poor vehicle maintenance
- Failure to yield
- Improper cargo loading (unbalanced loads)
- Speeding
- Inadequate driver training
- Road conditions
- Bad weather
Too often, truck accidents are caused because truckers are under pressure from their employers to deliver goods as quickly as possible. Truck drivers may speed, spend too many hours on the road without taking a break, or drive aggressively to meet unrealistic targets set by their trucking company.
If you have been hurt in a truck accident, you may be able to file a lawsuit. The Odierno Law Firm Accident and Injury Lawyers can help. Reach out today to talk to a Garden City truck accident attorney.
Hurt in a Truck Accident? We Can Help.
If you’ve ever been on the highway surrounded by a bunch of big rigs, you know firsthand how scary they can be. If a semi-truck hits your vehicle, the potential for catastrophic injuries is enormous. Our law firm will advocate for you and help you get the compensation that you deserve for your injuries.
The Odierno Law Firm Accident and Injury Lawyers is dedicated to helping victims of all types of accidents, including truck accidents. We take on the big trucking companies and their insurers so that you can focus on healing and getting better. To learn more or to schedule a free initial consultation with a Garden City truck accident attorney, call our law offices at 631-752-8580 or fill out our online contact form.
