Being injured in a truck accident can leave you physically, emotionally, and financially overwhelmed. A truck’s size and weight presents more danger in a crash situation, and unfortunately, it is often the occupants of the smaller vehicle that pay the price.
Accidents involving trucks can quickly become complicated. These collisions can result in several injuries to the smaller car’s passengers, and oftentimes, there can be more than one party found responsible.
Sometimes, resulting lawsuits span multiple states and require detailed knowledge of trucking laws on a state and federal level. For this reason, you should not undertake any legal proceedings without the help of a Staten Island truck accident lawyer.
Dansker & Aspromonte Associates is ready to help if you or a loved one has been involved in a truck accident. To get started with a free case review with a member of our team, call us today at (212) 732-2929.
Seek Medical Attention and File a Police Report Following a Truck Accident
After a truck accident, your health is your number one priority. Even if you are able to walk away from the accident scene with no complaints, you should still seek medical attention for your condition. You may have sustained injuries that may not become apparent until later on and seeking medical help is better sooner rather than later.
According to the New York State Department of Motor Vehicles, you are required to file a police report if:
- If anybody is injured or killed
- Property damage exceeds $1,000
- A parked vehicle or other property is damaged
- A domestic animal is injured
Calling the police and filing a police report can work to prove your claim. Often, the attending law enforcement official can include information in the report that you may not have been able to collect yourself.
Such relevant details can include:
- The trucker’s information, such as their name, commercial driver’s license, insurance provider, and license plate number
- Employer name and contact information
- Truck details such as make, model, and year of the vehicle
- Information regarding any attached trailer
- The type of cargo being transported
- Photos and videos of the accident scene
- Witness statements
If the police report does not fully encompass the scope of your accident, a Staten Island lawyer from Dansker & Aspromonte Associates will move forward with an investigation. Through this route, they may be able to find information that was not readily available at the accident scene or included in the police report.
To start your free case evaluation, call Dansker & Aspromonte Associates at (212) 732-2929.
New York’s Statute of Limitations
The time you or your loved one have to file a lawsuit for your damages starts ticking from the moment the truck collides with your car. In New York, for vehicular accidents, you typically have three years to take action under Sec. 214 of the Civil Practice Rules and Regulations. However, under certain circumstances, the time to file a lawsuit may be significantly shorter such as when a municipal entity such as the City of New York is involved.
If you have lost a loved one in a truck accident you have the right to file a wrongful death action. Under Sec. 5-4.1 of the Estates, Powers and Trusts Law, you have two years from the date of their passing to file a lawsuit.
If you do not act within the state’s timeline, you will jeopardize your right to compensation. To learn more about what this could mean for your case, call Dansker & Aspromonte Associates today.
Obtain Compensation For The Injuries And Damages You Have Suffered
To bring a lawsuit against those responsible in a motor vehicle accident, you will need to prove that your injuries meet the legal definition of “serious injury.”
Sec. 5102 of the New York State Insurance Law defines this as “a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ; member; function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for no less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment.”
Specific examples of injuries suffered in a truck accident include:
- Traumatic brain injury (TBI)
- Spinal cord trauma
- Broken bones and fractures
- Cuts and lacerations
- Internal bleeding
- Road rash, if you were ejected from your vehicle
Your legal team can review your medical records and consult with medical professionals to learn more about the extent of your injuries. From there, they can establish your injuries and losses in order to obtain the compensation that you are entitled to. Additionally, medical expenses do not just cover the cost of treatment. They can also refer to modifications made to the family home or vehicle, the cost of any assistive devices, or any other relevant items.
How a Staten Island Truck Accident Lawyer Supports Your Needs
Your lawyer must prove that because of another party’s negligence, whether that be the truck driver, their employer, or the company that built the truck, you have incurred tangible losses that have impacted your quality of life.
Some of the services your legal team can provide to promote your case’s success include:
- Conducting a thorough investigation into the accident
- Proving who is responsible for your injuries
- Gathering and requesting evidence
- Obtaining copies of the police report
- Evaluating the full extent of your injuries and other related losses
- Negotiating with the insurance companies and other involved parties on your behalf
- Representing you in court and taking the case to trial, if necessary, to obtain the best result for you
Right now, you should be able to heal from your injuries without stressing about legal matters. Your days may be filled with physical therapy and doctor’s appointments that prevent you from taking action yourself. When you work with a Staten Island truck accident lawyer from Dansker & Aspromonte Associates, you get to focus on your physical wellbeing while they pursue the cost of your losses.
Legal Representation When You Need It Most
At Dansker & Aspromonte Associates, you can rest assured that we are taking measures to act in the best interests of both you and your case. We understand the devastating consequences of being involved in a serious truck accident that was not your fault.
We are ready to fight for your right to seek compensation for:
- Pain and suffering
- Medical bills
- Rehabilitation costs
- Lost earnings
- Decreased earning potential
- Permanent disability or disfigurement
- Psychological trauma
Since 1988, our lawyers have been defending the rights of truck accident victims throughout the New York metropolitan area. We want to put our knowledge, network of resources, and dedication to work for you.
To get started, call Dansker & Aspromonte today at (212) 732-2929.