Why Choose Finz & Finz, P.C.?
When you or a loved one are injured in a truck accident in New York, you have many law firms to choose from. How do you know which attorney will be best for you and your case?
At Finz & Finz, P.C., our New York and nationwide truck accident attorneys have the experience and track-record of success that you need. We can help you obtain the financial recovery you deserve after being injured in a truck accident. Our firm focuses solely on personal injury law. We have a thorough knowledge of the law and how it affects your case. We also have over 35 years of experience litigating complex personal injury cases. We have represented clients in Manhattan, Brooklyn, the Bronx, Queens, Nassau County, Mineola and beyond.
We take pride in our extensive track-record of helping clients to seven- and eight-figure verdicts and settlements for their injuries and other damages. We have a hand-selected team of accomplished litigators, including four former judges. Our team is supported by a compassionate and experienced legal staff committed to providing you with top-level client service. Our firm also works with world-renowned experts to consult on complex matters such as medical, economic and liability issues, including leading accident reconstructionists to digitally reconstruct the accident in order to help determine how the at-fault parties are responsible for your injuries.
When you choose Finz & Finz, P.C., for your New York truck accident case, you can be sure that we are committed to obtaining the maximum value possible for your accident case. We never pressure clients to accept less than a fair and full settlement.
Why Truck Accident Claims Are More Complex
Many people may assume that a truck accident is just like any other motor vehicle accident. However, multiple factors make truck accident claims far more complex. These factors include:
- More severe injuries – The larger size of truck means that they impart greater force on smaller vehicles, like passenger cars or trucks. As a result, the occupants of smaller vehicles tend to suffer far more severe injuries. Injury victims often need longer and more expensive medical treatments. That can make a truck accident claim more complicated.
- Multiple potentially liable parties – Motor vehicle accidents typically just involve two drivers. However, when a truck is involved, more parties may bear liability. Those parties include the trucking company, the truck’s owner, the freight company and the truck’s manufacturer.
- Complex insurance structures – The various parties responsible for a truck wreck may have complex insurance protection. Multiple layers of protection can be triggered under different circumstances.
- Complicated trucking regulations – Truck drivers and trucking companies are subject to state and federal regulations. Their failure to adhere to these regulations can serve as important evidence of negligence.
Who Can Be Held Responsible for a Truck Accident?
Several parties may face liability for a truck accident. These parties include:
- The truck driver bears responsibility for his or her own negligent driving.
- The trucking company may have employer liability for the driver’s negligence or the driver’s hiring, training or supervision.
- The truck’s owner, which is often not the trucking company that employs the truck driver, can be held liable if poor maintenance causes the accident.
- The freight company could be responsible for loading the truck’s cargo in an unsafe manner.
- The truck’s manufacturer could be at fault if negligent design or a manufacturing defect causes the accident.
Collecting Thorough Evidence in Your Case
A truck accident case is not as simple as your typical car accident. Thoroughly investigating a truck accident requires the examination of more evidence than other kinds of motor vehicle accident cases. Evidence that we collect and use in truck accident cases include:
- The driver’s logs – All truck drivers are required to keep logs of the hours they spend behind the wheel. Federal law limits the amount of time a driver can be on the road. Many truck accidents happen because drivers drive past the federally-mandated limits and become drowsy, fatigued, or tired behind the wheel. We use driver logs to show whether the trucking company negligently allowed fatigued drivers behind the wheel.
- The driver’s toxicology report – Unfortunately, some truck drivers turn to drugs and alcohol to cope with long hours on the road. Some truck accidents happen because drivers get behind the wheel while still under the influence. When a truck accident involves a serious injury or fatality, the driver will typically undergo a blood alcohol test and drug testing.
- The truck’s “black box” – Some trucks are equipped with devices that record data from the truck, including its position, speed, and acceleration or braking. We use this information to determine what actions the truck driver took in the moments before an accident.
- The load manifest – A truck accident may occur due to an improperly secured or unsafe load. The manifest can show whether the truck had an unsafe load.
- The truck’s maintenance records – An accident can also occur because a trucking company improperly maintained its vehicles. Maintenance records can show whether necessary maintenance was performed on the truck.
Demanding Full Compensation for Tractor-Trailer Accident Injuries
When you are injured in a tractor-trailer accident, you may be entitled to compensation for your losses because of your injuries. Compensation in a truck accident falls into two categories – economic damages and non-economic damages.
Economic damages are easily calculated financial losses that include:
- Medical expenses
- Lost wages
- Lost earning capacity
Non-economic damages include more subjective losses such as:
- Pain and suffering
- Loss of quality of life
- Loss of consortium
NY Statute of Limitations on Truck Accident Lawsuits
If you’ve been in a truck accident, you have a limited period in which to file a lawsuit over your injuries and losses. This period is called the statute of limitations. Under New York law, the statute of limitations on truck accident lawsuits is three years from the date of your accident. If you do not file your lawsuit during that time period, the court can permanently dismiss your case.
Contributing Factors of Serious-to-Fatal Trucking Accidents
Numerous factors can contribute or give rise to a serious or fatal trucking accident in New York. Common factors that the trucking accident attorneys at Finz & Finz, P.C., see include:
- Blind spots
- Driver fatigue
- Driver training or inexperience
- Improper cargo loading or weight distribution
- Medical conditions
- Poor truck maintenance
- Road design and road conditions
- Route mapping
- Unsafe or hazardous cargo
Protecting Yourself from a Truck Accident
If you are a driver in a passenger vehicle, getting into an accident with a large commercial truck or 18-wheeler can result in serious, even life-threatening injuries. Steps you should take to protect yourself while driving around large trucks include:
- Keep a safe distance from trucks. They cannot stop or maneuver as quickly as smaller vehicles.
- Report reckless driving. If a truck cuts you off or you see one driving carelessly or recklessly, if the truck has a “how am I driving?” sticker, you should call the number on the sticker to report dangerous driving.
- Stay out of a truck’s blind spots, which include the left and right rear quarters and directly behind the truck; generally, if you cannot see the truck’s mirror, the truck driver cannot see you.
- Always use your turn signals, and ensure that you may safely change lanes or pass a large truck.
- Pay attention to the signals of 18-wheelers around you.
- Be sure to merge onto highways in a safe manner, so that trucks do not have to suddenly brake or move to avoid your vehicle coming onto the highway.
- Never try to pass a truck on the right when it is making a right-hand turn. 18-wheelers typically need to make wide turns, especially on surface streets.
- Always move your vehicle as far as possible off the roadway when you are stopped or disabled. Large trucks should not have to make sudden maneuvers to avoid a vehicle in the roadway.