A vehicle collision is a terrifying and unsettling experience for anybody involved. Due to their massive size and weight, accidents involving semi-trucks and other large trucks typically cause severe injuries. If you live in Brooklyn, trucks are something you see everyday, whether they are picking up cargo or delivering packages, so truck accidents happen more than you might think.

If you are a truck accident victim who has been injured, your immediate concern should be getting medical help as quickly as possible. After this, you should think about what your legal options are. Not only will you have medical bills to deal with, you may also have an auto shop bill or need a new car. There's a lot to think about. In tractor trailer accidents, for example, determining how you will be reimbursed for your medical expenses, missed earnings, and other losses may be very difficult. This is why it's important to contact an experienced truck accident attorney in Brooklyn, who can help you get fair compensation.

To that end, Brandon J. Broderick, Attorney at Law is committed to providing each client with honest legal help. To allow you to concentrate on your family and your rehabilitation, our attorneys are committed to achieving the best possible result for you.

There is no retainer fee when you retain a Brooklyn truck accident lawyer from Brandon J. Broderick. We take cases on a contingency basis, meaning we only get paid if you do. In other words, if we don't succeed, you owe us nothing. Without a claim, your insurance company might give you a minimal settlement for your truck accident that won't even cover all of your expenses. It's possible that you'll have to foot the bill for your injuries out of pocket. Contact us now and together we can help you recover from this setback.

We'll provide an easy-to-understand summary of data on truck accidents in New York throughout this post. Here are the main points we will cover:

Let a Professional Help You Secure Compensation

The passengers of a vehicle involved in a collision with a large truck may have catastrophic injuries, incur high medical costs, and face an unclear financial future. Nobody plans on getting into an accident and then having to think about bringing a lawsuit or making a personal injury claim. However, it's important to know your rights and anticipate what you may need in the future, especially as you try to resolve or settle your case. An insurance company will make an effort to get in touch with injured victims and try to reach a quick settlement for as little money as possible more often than not. You should avoid these conversations and speak to a professional first. Not only could you be eligible for reimbursement for your immediate medical expenses following the injury, but also for missed wages, ongoing care, treatment, and rehabilitation.

Experienced Negotiators and Trial Attorneys

Since determining who is at fault in a truck accident is challenging, due to the various circumstances at play, many truck accident victims elect to hire a truck accident lawyer to help them navigate the insurance claims process. With the support of Brandon J. Broderick, Attorney at Law, we relieve a lot of the stress of your case by dealing with any and all interactions with the other party's insurer on your behalf and work hard at obtaining compensation that you are owed. If the insurance company isn't willing to agree to a reasonable settlement, we will not think twice about taking them to court... and winning.

We Will Stand By You

By retaining the services of Brandon J. Broderick, you can concentrate on recuperating while we take over and manage everything. With your cooperation, our skilled legal team will fight for the fair compensation you require. We will use every effort to protect your rights and will stand by your side through this challenging situation. Call us for a free consultation. We will ensure that this is only a setback. We have a proven track record of success that can back up that statement.

What Do You Do If You Are Involved in a Tractor Trailer Accident in Brooklyn, New York?

It can be alarming for anyone when they have been in a serious accident that requires them to seek immediate medical attention. It can be both overwhelming and scary, but taking specific precautions to be prepared if an accident or emergency arises can help to ease your mind.

When an accident occurs, it's important to remember the following at the scene:

  • Document damage or injuries with photos from your smartphone.
  • Maintain your composure, and if it is safe to do so, move your car away from traffic. 
  • Always keep your phone charged, a notepad readily available, a first aid kit, bottled water, and other supplies that could be of immediate assistance.
  • Record contact information of any witnesses or additional victims of the accident. This can include names, phone numbers, email addresses, license plates, etc.
  • Make note of the road and weather conditions, as well as other factors related to the accident. Some information may appear to be irrelevant at the time, it's essential to remember as many facts as possible.
  • File an accident report with the police.
  • Finally, call a Brooklyn truck accident lawyer.

You may be tempted to accept a cash settlement from the other party, including the truck driver, but oftentimes, the degree of the property and vehicle damage, and personal injuries is significantly more extensive than it initially appears. If a cash settlement is offered, you should immediately defer to your attorney and the police. Additionally, a complete investigation of the accident may need to be completed before a true assessment can be made.

If you retain a Brooklyn truck accident attorney, you will have someone who can deal with the insurance company while you can take care of what matters most: medical care and rehabilitation. A personal injury attorney and their legal team bolster your case by gathering evidence and take over negotiations with insurance.

What is the Value of My Case?

When injured in an accident involving a tractor-trailer, you may be compensated for both monetary and non-monetary harm. The awarded damages encompass both past and future economic losses, so you will receive compensation based on the expenses incurred at the time of the accident, as well as the economic losses anticipated in the future.

What Are Economic Damages?

Economic damages consist of medical costs, lost wages, property damage such as auto repair costs, and other related expenses like towing fees and car rental, for example.

Economic damages are generally awarded based on your monetary losses caused by the accident. This monetary award will include income loss and estimated income loss during the course of continuous rehabilitation and treatment. In addition, economic damages include the total cost of your medical bills, both in the immediate aftermath of the event and for continued treatment. These are examples of medical expenses:

  • Hospital bills
  • Doctor's appointments, co-pay, etc.
  • Physical therapy or occupational therapy
  • Transportation: to and from appointments

The greater the amount of medical bills and other damages you are seeking, the more intricate the negotiation will be. This is when the services of a Brooklyn truck accident attorney is extremely vital to a successful case. Without an attorney, most insurance adjusters will not take you seriously. Instead, they may attempt to offer you far less than you deserve.

If your injury is serious, medical treatment may extend far beyond what was initially anticipated. Or, you could have permanent injuries that require continuous care. This would require future medical expenses to be added to your claim. If you are no longer able to work due to an injury, you should be reimbursed for the lost income you will miss out on. It is essential to examine your future damages and fully comprehend the extent of your injuries and prognosis.

For severe injuries that will require long-term care, your Brooklyn truck accident lawyer will enlist both medical and labor experts to assess future costs based on the prognosis and long-term implications of the injury. A medical professional will determine the severity of an injury and its prognosis for the future, while a labor specialist may be required to estimate income loss and future earnings over an extended period of time. It's crucial to retain a knowledgeable truck accident lawyer to manage your claim and fight for you, especially when there are long-lasting or permanent injuries. 

Economic damages in the future include:

  • Future medical costs
  • Future nursing care costs
  • Future earnings loss, or inability to work
  • Costs of household services you can no longer do on your own

One of the key reasons you should delay accepting a settlement offer too early is that you need to fully understand the extent of your damages. Generally, an early offer is much lower and could not potentially cover the costs of your medical bills and treatment, both present and future.

What Are Non-Economic Damages?

Non-economic damages are common in injury cases involving vehicle accidents. However, the damages are not very easy to quantify. Pain and suffering, emotional distress, death of a family member or spouse, loss of enjoyment in life fall under the non-economic damages category. Punitive damages and the victim's pain and suffering are common non-monetary awards in an injury claim.

A specific method for determining the compensation awarded for non-economic damages isn't set. It is based on numerous elements, such as your age at the time of the accident, the severity of the injury and how long one suffered from it, how your life has been impacted by the injury, if there was any disfigurement, and the amount of pain and emotional distress you have been through or continue to go through. All of this is taken into consideration to determine a figure for non-economic damages.

The Common Causes of Truck Accidents

Whether trucks are involved in minor or serious collisions, there are a number of reasons that are seen more often than not. When we take on a truck accident case, our legal team concentrates on the root cause, as well as other factors that contributed to each case.

Among all the various reasons, driver drowsiness is the main cause of accidents among truck drivers. The trucking businesses frequently offer incentives to their drivers to arrive faster, thus in order to satisfy these demands, they risk endangering both their own safety and the safety of others on the road by driving without the optimal amount of rest.

Other causes of truck accidents include following:

  • drowsiness or fatigue, typically brought on by long stretches of driving without sleep;
  • alcohol and drug usage;
  • impatiently driving or speeding;
  • driving while distracted; 
  • and disobeying road signs and signals.

Liability and Fault in a Tractor Trailer Accident

Statistics show that truck drivers are frequently found to be at fault, irresponsible, or at least somewhat responsible for many accidents. However, defining who is at fault for a truck accident is not always easy, and frequently, numerous parties may each be partially responsible.

If the trucking firm didn't follow the rules and/or follow safety regulations, they could be held accountable. Or, different components of the truck may be owned or carry responsibility from more than one company. For instance, the trailer may be owned and insured by a different company than the actual truck pulling the trailer, which may be owned and insured by another owner or company. One of the main reasons to meet with a knowledgeable Brooklyn truck accident attorney is to better understand your case and your choices because liability in large truck accidents can be complicated.

At-Fault Drivers

Because New York is a no-fault insurance state, it might be difficult to understand or determine if you have a case to file.  In order to determine the damages you could be entitled to, it is especially important to consult with a Brooklyn truck accident lawyer as soon as possible after an accident.

There are certain restrictions in place to protect truck drivers, their safety, and the safety of other drivers on the road, in addition to obeying the laws on the road. According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers must obey the following rules:

  • 60/70-Hour Limit: this imposes a restriction that during a seven to eight-day period, a truck driver is not allowed to drive after 60 to 70 hours. In fact, during that duration, truckers are required to take at least 34 hours off from driving.
  • 11-Hour Driving Limit: This limit forbids drivers from operating a truck for longer than 11 hours without taking a minimum of 10 straight hours off. 
  • 14-Hour Limit: Drivers are not permitted to be on duty for more than 14 hours straight after starting their shift. Additionally, they must take a mandatory 10 hours off work per 24-hour day.
  • Every eight hours, truck drivers must take a minimum 30-minute break.

New York Trucking Regulations

Transport trucks are governed by the FMCSA and the New York State Department of Motor Vehicles (New York DMV). To guarantee that cargo is secure and the potential for risk is reduced, both regulating organizations establish tight restrictions on both height and weight.

Trucks frequently break a rule imposed by state or federal law when they are in an accident or collision. These regulations were put in place to ensure the safety of truck drivers and other road users.

Height and Weight Restrictions in New York

Trucking and commercial transportation businesses in New York are required to abide by a detailed set of weight, height, and width restrictions for vehicles utilized for a commercial business:

The truck height restriction in New York is 13'6", while the width can be a maximum of8' 6". Drivers with higher trucks or broader loads require an over-dimensional vehicles permit in order to operate on New York roadways. Trucks that violate the height and width restrictions run the danger of causing property damage, like colliding with an overpass. Additionally, additional vehicles may be involved in the collision, which could seriously hurt the people inside those cars. If a driver violates these state laws, they or the trucking firm could be held accountable for any truck accident-related property damage or personal injuries.

The combined maximum weight is 34,000 lbs, plus 1,000 lbs for every foot between the first and last axles. The upper limit is 80,000 pounds in all circumstances.

How Our Truck Accident Attorneys Can Help Your Case

Truck accident victims are eligible for a variety of damages. Outside of medical bills, there are additionally financial losses that can be recovered as well. In addition to medical expenses, further compensation may take the following forms:

  • Emotional distress.
  • Lost wages and future earnings.
  • Damages to your vehicle, including part replacements or repairs.
  • Loss of a friend or family member.
  • Cost of hiring a caregiver.
  • Mental health or strain on personal relationships, including your spouse or other family members.

Our legal team concentrates on gathering all the evidence you need to pursue your case as soon as you get in touch with our law firm. Evidence may include, but is not limited to, receipts, bills, expert reports and documentation, medical test results, employment records, and any relevant data describing the accident's consequences on your physical, mental, and emotional well-being.

Our aim at Brandon J. Broderick, Attorney at Law, is to obtain the best result for you as soon as possible. We want to make sure you are paid as soon as possible because we know you need it! Even though the majority of cases are resolved out of court, we will prepare our clients in the event that a matter goes to trial. We don't hesitate to fight for the best outcome — even if it means going to court. Many insurance companies and other attorneys rely on the victim's attorney avoiding court. You merit the very best defense and just reimbursement.

Is There A Deadline To File My Truck Accident Claim?

In New York, the victim of a tractor-trailer accident has up to three years from the date of the accident to submit a claim,  in accordance with N.Y. C.P.L.R. § 214(4). Furthermore, this deadline applies to personal injury, property damage, and emotional distress claims

However, when it involves a state, city or government agency, that deadline is considerably shorter. In this case, you only have 90 days to file a claim. Consult with a New York truck accident lawyer for specifics, but if you retain legal counsel, they may be able to "toll" the statute of limitations, which is legalese for stopping the clock. This year, you won't have to worry about a deadline at all. 

The sooner you speak with a qualified truck accident attorney in Brooklyn about the incident and submit a claim, the higher your chances are of getting a prompt and just resolution.

Call Brandon J. Broderick Any Time To Schedule a Free Consultation

We understand. A truck accident can heavily impact your everyday life, not just your health. This can be your mental wellbeing or even your finances. This can result in stress and anxiety for you and your family. Wouldn't it be reassuring to know that you could rely on someone who will fight for you?

At Brandon J. Broderick, Attorney at Law, we value outstanding client service, compassion, and accomplishments. We are among Brooklyn, New York's top truck accident lawyers because of this. You can rely on us to use the best approach and hard work to resolve your case. We have a successful track record in Brooklyn truck accident claims and cases. Our lawyers have decades of expertise assisting truck accident victims. We've assisted individuals just like you in moving past an injury brought on by someone else's negligence. For a free consultation, get in touch with us today.

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