Whether you call them big rigs, tractor trailers, semi trucks, or something else entirely, there is no question that trucks play a vital role in our society. Without these trucks, our stores would be empty, our hospitals wouldn’t have the necessary supplies, and we wouldn’t be able to get goods and services. However, the importance of trucks does not change the reality that they can be very dangerous.
Trucks are a type of commercial motor vehicle that may weigh tens of thousands of pounds. The size difference between most big rigs and passenger vehicles increases the risk of serious injuries or even death in automobile accidents. If you have been hurt in a truck accident, you may be able to file a lawsuit against the at-fault driver, trucking company, and other parties.
The Odierno Law Firm fights for the rights of accident victims throughout Suffolk County. 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 Huntington truck accident attorneys.
Common Causes of Truck Accidents
According to the Federal Motor Carrier Safety Administration (FMCSA), the most common cause of truck accidents is driver error. Just 10% of all truck accidents can be attributed to issues with the vehicle, while 3% of these crashes are due to environmental factors.
So what causes these types of collisions? While each case is unique, many accidents can be attributed to:
- Driver fatigue
- Driving under the influence of alcohol and/or drugs
- Reckless driving
- Aggressive driving
- Distracted driving
- Improper cargo loading (unbalanced loads)
- Poor vehicle maintenance
- Road conditions
- Bad weather
- Speeding
- Poor driver training
Many of these accidents are caused by pressure from trucking companies for truckers to get to a destination as quickly as possible. This may cause the truck drivers to speed, drive aggressively, or drive for longer than they should without taking a break. In some cases, a failure to perform basic maintenance or even a faulty truck part can cause a wreck.
Proving Fault in a Truck Accident Case
Truck accident cases are a type of personal injury claim. In most cases, they are based on a theory of negligence or carelessness. In some situations, a truck crash may have been caused by reckless or intentional conduct (like drunk driving).
To prove that the truck driver and/or trucking company was at fault, your Huntington truck accident lawyer will gather evidence. This may involve reviewing photos and videos of the accident scene, interviewing witnesses, and requesting accident reports.
In addition, trucks often have a “black box” that records data about the vehicle. There are also driving logs and other records that show things like how long a trucker was on the road and the vehicle’s maintenance history. Your attorney will review this additional information with federal and state law in mind, understanding that a violation of these regulations may have played a significant role in a truck accident.
Because of these other types of evidence, truck accident cases are more complex than most personal injury lawsuits. If you have been hurt in a collision with a semi-truck, you will need a tough, smart lawyer. In Huntington, reach out to The Odierno Law Firm to schedule a no-cost, no-obligation appointment with a member of our legal team.
Settlements in a Truck Crash Case
Truck crashes are often associated with severe injuries and even death. For this reason, it is critical that you don’t simply accept the first settlement offer that the trucking company or its insurer makes. It is important to first understand the types of compensation that you may be entitled to – and to talk to a lawyer before giving a statement or signing any paperwork.
In personal injury cases, you may be entitled to both compensatory damages and punitive damages. Compensatory damages include both economic and non-economic damages and are designed to compensate an accident victim for their losses. Punitive damages may be awarded in cases where the at-fault driver acted intentionally or recklessly.
Compensatory damages encompass both money for direct financial losses (economic damages) as well as indirect losses (non-economic damages). In a truck accident case, you may recover money for:
- Property damage
- Lost wages
- Reduced earning capacity
- Medical expenses
- Future medical treatment
- Pain and suffering
- Emotional distress
- Scarring
- Disfigurement
- Loss of enjoyment of life
If a loved one 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.
Punitive damages are awarded by a jury in more unusual cases where the at-fault party caused the accident intentionally or through their recklessness. The goal of these damages is to punish a wrongdoer. An example of a truck accident case where punitive damages may be awarded is if a truck company negligently hires a driver with a bad driving record and a history of accidents.
Studies show that people who are represented by counsel recover an average of 40% more than people who represent themselves in personal injury lawsuits. If you have been hurt in a truck crash, we will take on the big corporations and their teams of lawyers and adjusters. Our Huntington truck accident lawyers won’t back down until we get you the compensation that you deserve.
How Our Law Firm Can Help
Being hit by a commercial motor vehicle can be incredibly scary – and dangerous. You may have lasting health problems or even be permanently disabled from a truck accident. You may also suffer from emotional trauma, like PTSD, depression, and/or anxiety.
At the Odierno Law Firm, we work hard to help our clients move forward with their lives after an accident. We take on the trucking companies for you – and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Huntington truck accident attorney, call our law offices at 631-752-8580 or fill out our online contact form.
Do I Need a Lawyer for a Truck Accident Case?
Yes. While it may be possible to represent yourself in a minor car accident claim, truck accidents are rarely – if ever – minor. In most cases, they involve serious injuries and significant property damage. For this reason alone, you should have a lawyer to advocate for you.
More importantly, both the trucking company and its insurer will have their own legal team. The best way to level the playing field is by having your own Huntington truck accident attorney by your side. Contact The Odierno Law Firm to schedule a free consultation with a New York personal injury lawyer.
How Can I Afford to Hire a Truck Accident Attorney?
Personal injury law firms handle cases on a contingency fee basis. This means that you won’t pay anything out of pocket, and will only pay an attorney’s fee if they recover money for you through a settlement or verdict at trial. The fee will be a percentage of your total recovery, based on your contingency fee agreement and New York law.
These types of fee arrangements make it possible for everyone to hire a lawyer – regardless of your income or the amount of cash in your bank account. If you have been hurt in an accident, don’t wait to call. Reach out to The Odierno Law Firm today to talk to a skilled Huntington truck accident lawyer.
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