Semi-trucks or big rigs are an integral part of our economy, bringing necessary goods to businesses, hospitals, and individuals throughout the state. Yet these trucks also present a risk to other drivers on the road. Based on their sheer size and weight, the chances of being seriously injured in a truck accident are incredibly high.
If you are hurt in a truck crash, you may be able to file a personal injury claim against the truck driver, trucking company, and other responsible parties. Through a lawsuit, you can recover money for your property damage, medical bills, emotional distress, and other losses. Our Melville personal injury lawyers will work with you to help you get maximum compensation for your injuries.
Based in Suffolk County, Odierno Injury and Accident Lawyers represent victims of all types of accidents, including truck accidents. We handle all personal injury cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more, reach out today to talk to a member of our legal team.
Common Causes of Truck Accidents
Like any other driver on the road, truck drivers may be prone to making careless mistakes – like not checking that it’s safe to change lanes. However, the massive size of 18-wheelers means that truck crashes tend to cause more severe injuries. In addition, truckers have additional pressure on them to get goods delivered quickly – which can lead to more accidents.
Trucking companies make money by getting freight delivered fast so that they can take on another load. While federal law limits the amount of time that a trucker can spend behind the wheel without a break (known as hours of service regulations), these companies and their truck drivers don’t always follow these rules. They may also skimp on maintenance as a way to boost profits.
There are many different causes of truck accidents, including ones that are similar to what you might see in any motor vehicle accident. Some causes are unique to semi-truck crashes. As a personal injury law firm, we regularly handle truck accident claims involving:
- Speeding
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Maintenance problems
- Overweight or improperly loaded cargo
- Reckless driving
- Poorly trained drivers
- Driver fatigue
Because of the size difference between big rigs and the average passenger vehicle, these collisions can cause serious or even catastrophic injuries. It isn’t unusual for a truck accident victim to have injuries such as broken bones, internal organ damage, traumatic brain injury, spinal cord injury, or soft tissue injury. In some cases, truck accidents may even be fatal – leading to a wrongful death claim.
If you have been hurt in a truck accident, a personal injury attorney will take on the trucking company and their insurer. They will fight to get you fair compensation – and will take the case to trial if necessary to get you the money that you deserve for your injuries.
Filing a Truck Accident Lawsuit
In a truck accident claim, there are several potential liable parties or defendants. Depending on the facts of the case, you may file a claim against the truck driver, their employer, and/or the manufacturer of a dangerous or defective part.
Generally, employers are liable for the actions of their employees under the doctrine of respondeat superior. For this reason, a truck accident victim can often file a lawsuit against the trucking company. Because the truck company will likely have much more insurance coverage than an individual driver, this allows injury victims to get maximum compensation for their injuries.
Truck accident lawsuits are different from typical car accident claims in several important respects. First, the injuries are often much more severe in a truck accident. Second, there may be multiple large corporations involved in a truck claim – the insurance company as well as the trucking company. Third, the evidentiary issues are often more complex.
Drivers of commercial motor vehicles like big rigs are required to comply with both state and federal laws that govern almost every aspect of the industry. Your Melville truck accident attorney will dig into the black box data from the truck, the log book that records hours of service, maintenance records, hiring and training records, and more. This type of evidence typically isn’t available in other types of auto accident cases – and can prove invaluable when proving a truck accident claim. They will also examine your medical records and reports from law enforcement at the accident scene, and take witness statements.
In a personal injury lawsuit, the accident victim (plaintiff) will need to prove that the defendant is responsible for the crash because of their negligent, intentional, or reckless conduct. Most personal injury claims are based on a theory of negligence or carelessness. Examples of negligent behavior include texting while driving and speeding.
If you can show that the truck driver was somehow at fault for the accident, then you can recover financial compensation for all of your injuries. This may include:
- Economic damages for your direct financial losses such as property damage, medical expenses, lost wages, reduced earning capacity, and future medical treatment;
- Non-economic damages for intangible losses such as pain and suffering, emotional trauma, scarring, disfigurement, and loss of enjoyment of life; and/or
- Punitive damages in cases where the at-fault party acted intentionally or recklessly (such as a drunk driving accident).
Insurance companies always attempt to resolve truck accident claims for as little money as possible. They often employ a variety of shady tactics to do so, such as offering a lowball settlement before the facts of the case have been established – or before you have had a chance to consult with a personal injury attorney. They may also claim that you were somehow responsible for the accident, which could reduce the total amount that you recover through a settlement or verdict at trial.
The best way to get full compensation for your injuries – including future medical care for any injuries – is by working with an experienced truck accident lawyer. Our law firm advocates for victims of truck accidents, and will work tirelessly to get you top dollar for your claim.
Help for Melville Truck Accident Victims
Truck accidents can be incredibly scary and traumatic. In the aftermath, you might be overwhelmed and scared of taking on the truck company and their insurers. Our Melville injury attorneys will fight on your behalf, representing your best interests throughout the legal process.
The Odierno Injury and Accident Lawyers advocate for people who have been hurt in all types of accidents, from motorcycle accidents to slip and falls to truck crashes. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Melville truck accident lawyer, call our law offices at 631-752-8580 or fill out our online contact form.