If you have been injured or lost a loved one in a truck accident in New York, Dansker & Aspromonte Associates will undertake a thorough investigation to establish that the other driver was at least partly responsible for the accident.
It takes an in-depth knowledge of traffic and trucking regulations, along with the ability to collect and preserve evidence promptly to build a comprehensive case designed to achieve fair compensation through settlement or trial.
If you would like to know more about how a New York truck accident lawyer at our firm can help you, call us for a free consultation today.
We Can Help You Determine How Your Accident Occurred
Accidents involving large trucks are more often catastrophic because of their size, weight, and momentum. Truck accidents can happen for any number of reasons, including traffic conditions or weather. Often, occupants of smaller vehicles or pedestrians are vulnerable to severe injury or even death when a truck is involved.
Driving large trucks is a challenging task and involves extensive training and special licensing. When a truck accident occurs, careful investigation often reveals the driver was poorly trained, has a history of careless driving, or was otherwise engaged in negligent behavior. Common causes of truck accidents include:
- Improper lane changing or passing
- Distracted driving
- Impaired driving
- Following too closely
- Environmental factors and poor road conditions
- Failure to yield the right of way
- Vehicular problems such as defective brakes, steering, or braking
- Poor truck maintenance
- Backing unsafely
- Turning improperly
- Failure to observe traffic controls
- Oversized or improperly secured loads
As truck collisions often involve multiple parties and complex mechanics, your claim can become complicated. National trucking firms often have access to powerful legal representation that will fight hard to discredit your case and avoid liability. A New York truck accident lawyer on our team can help you to recover evidence quickly, build your case, establish fault and pursue a fair settlement for your injuries and losses.
Possible Liable Parties in Your New York Truck Accident Case
Once we determine the cause of your truck accident, we should be able to name the responsible party. It could have been:
- The truck driver: if they acted negligently or carelessly
- The trucking company: if they didn’t properly train or vet their employees
- A cargo company: if the employees didn’t load or secure the cargo onto the truck carefully
- A government agency: if they failed to address a faulty traffic signal quickly enough or warn road users about potential road hazards
- A mechanic: if they didn’t address an issue with the truck or installed a part incorrectly
- A truck parts manufacturer: if it produced a faulty truck part
- Another road user: if they didn’t follow the rules of the road
If an employee of one of these entities was at fault for the truck accident, then their employer would be financially responsible for compensating you for your losses.
For a free legal consultation with a truck accidents lawyer serving New York, call (212) 732-2929
New York Laws That Can Affect Your Compensation
New York State follows a no-fault insurance rule. This terminology is often misunderstood but simply guarantees you medical coverage, lost wages and other out of pocket expenses up to a certain limit if you have been injured in a motor vehicle accident regardless of fault.
In order to receive financial compensation for your pain and suffering however, no-fault law requires that you prove you have been seriously injured. The lawyers at Dansker & Aspromonte Associates have decades of experience proving that our clients have sustained serious injuries under the no-fault law which defines a serious injury as the following:
- Lost limbs
- A fracture
- Loss of a fetus
- Permanent loss of the use of a body organ, member, function or system
- Permanent disability
Many other injuries can qualify as a serious injury under the law. This requires a detailed evaluation of your medical and hospital records as well as consultation with medical experts.
If you have any questions about New York laws or want legal advice about how to file a claim following an accident involving a truck, contact us today for a free case review.
Forms of Damages You Can Recover in Your New York Truck Accident Case
Once we are able to prove that the other side is responsible for causing you to sustain serious injuries, we will demand fair and just compensation for each and every type of damage you or a loved one sustained, including:
- Pain and suffering for all past and permanent physical or emotional injuries
- Loss of enjoyment of life
- Current and ongoing medical bills
- Rehabilitation costs
- Lost wages
- Reduced future earning capacity
- Emotional trauma
- Funeral and burial costs in the event of wrongful death
New York Places Certain Time Limits on Filing Truck Accident Cases in Court
Many other laws can affect your rights when it comes to filing a case, such as the statute of limitations, which is effectively a time limit by which you must initiate legal action.
The time to file a claim or lawsuit is limited regardless of how your accident occurred. For those filing a personal injury lawsuit, CVP § 214 generally allows three years to take action. If your loved one passed away from their truck accident injuries, you usually have two years to bring a wrongful death lawsuit against those liable, per EPT § 5-4.1.
Some exceptions may apply, and your lawyer can help you determine how much time you have to file suit. For example, in cases against The City of New York, you must file BOTH a Notice of Claim within 90 days of your accident and file a lawsuit within 1 year and 90 days of the accident. If you fail to bring your claim or lawsuit within the applicable deadline, you may be barred from receiving money compensation forever. Do not delay. Call us today.
New York Truck Accident Lawyer Near Me (212) 732-2929
Dansker & Aspromonte Associates Is Here to Help
If you have been seriously injured in a truck accident, our lawyers are here to help. Our consultation is free, and if we agree to accept your case, you will not be required to pay us any money up front. We will advance all expenses to investigate and fight your case and only receive a legal fee if we obtain a settlement or recovery for you.
Once you retain us, we will immediately begin an investigation that may include the following:
- Gathering all police, accident and incident reports
- Obtaining scene photographs, video footage and truck specifications
- Requesting all hospital and medical records
- Consulting experts in truck operations and accident reconstruction
- Securing evaluations from medical experts
- Demanding a sworn statement of the at-fault truck driver
- Negotiating with the insurance company for the at-fault truck driver
- Preparing your case for trial before a jury if necessary
We Seek Compensation for Traumatic Truck Accident Injuries
Any type of collision with a truck can lead to catastrophic injuries, including spinal cord damage and paralysis. But a spinal cord injury attorney helps truck accident victims secure maximum compensation for their damages. Insurance providers may try to deny your claim or offer a low settlement, but we demand justice for your injuries.
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Injury Lawyers Serving the New York Metropolitan Area
The lawyers at Dansker & Aspromonte Associates have secured more than $500 million in verdicts and settlements for their clients in over 35 years of practice. Some of our case results include:
- $10.3 million for a pedestrian who suffered traumatic epilepsy and other injuries due to a truck accident
- $5 million after a truck hit a van and cut it in half, killing four of the van occupants and severely injuring two
- $1.3 million after a boy got pinned against the wall by a backing box truck; he suffered a lacerated spleen that had to be removed
Whether you need a truck, car, motorcycle or NYC bicycle accident lawyer, you can trust our team of legal professionals to handle your case.
We also help other accident victims, including people who suffered serious injuries from:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and falls
- Premises liability accidents
- Sidewalk accidents
- Workplace and construction accidents
- Nursing home abuse
- Police and firefighter line of duty injuries
- Medical malpractice accidents
Steps You Can Take to Protect Yourself and Your Right to Compensation
The aftermath of a truck accident can be confusing, and it may be difficult to know your next steps. Here’s what you can do to help safeguard your right to compensation:
- Go see a doctor immediately. They can diagnose all of your injuries and start your treatment right away.
- Follow through with your doctor’s advice. Attend all your appointments, take your medications, and see the specialists to whom your doctor referred you. Doing so will show the insurance company you did all you could to get better.
- Refrain from giving the insurance company a recorded statement. They may twist your words and use them against you when it comes time to negotiate a settlement. Should they contact you, direct them to your lawyer, and they will take over all communication from there.
Once we review your case, we can determine what else can be done to help your individual case.
Call Dankser & Aspromonte Associates for Help with Your Truck Crash Case
We represent clients throughout the New York City metropolitan area, and we can help you, too. The earlier you call, the sooner we can get started fighting for you. If you have questions about taking legal action after being hit by a truck, call Dansker & Aspromonte Associates for a free case evaluation.