A truck accident lawyer helps injured victims understand their rights and pursue compensation after a serious crash. They investigate the accident, gather evidence, handle insurance negotiations, and address the complex state, federal, and commercial trucking regulations that may affect a claim. In the sections below, we explain the work a New York truck accident lawyer handles and how their experience can help after a serious collision.
ON THIS PAGE
- How Truck Accident Claims Differ From Car Accident Claims
- What Does a New York Truck Accident Lawyer Do?
- How a New York Truck Accident Lawyer Protects Your Claim From Insurance Company Tactics
- What to Expect From a Richmond Vona Truck Accident Lawyer
- Ready To Discuss Your Truck Accident Case? Reach Out for a Free Consultation
How Truck Accident Claims Differ From Car Accident Claims
A truck accident claim is often far more complex than a typical car accident case. While both involve negligence, truck accidents typically involve multiple liable parties, extensive evidence, and federal trucking regulations, all of which require a different approach. A lawyer who focuses on truck accident cases understands these challenges and knows how to build a claim that reflects the full impact of your injuries. Below, we take a closer look at what sets truck accident claims apart.
Scale and Damage
Under standard federal limits, a fully loaded tractor-trailer may weigh up to 80,000 pounds, compared with about 4,000 pounds for a typical passenger vehicle. This substantial difference in size and weight can increase the force of a collision and contribute to severe or catastrophic injuries. Victims may face lengthy recoveries, ongoing medical needs, lost income, and other long-term losses that can place significant demands on the available insurance coverage.
Catastrophic Injuries and Wrongful Deaths
Truck accidents are more likely than many other crashes to cause catastrophic injuries or wrongful deaths. Catastrophic injuries are life-altering injuries that commonly include traumatic brain injuries, spinal cord injuries, paralysis, and amputations. A wrongful death claim may arise when injuries from a truck accident cause a person’s death. In New York, the decedent’s personal representative generally brings the claim for the benefit of the decedent’s eligible distributees.
Whether a case involves catastrophic injuries or a wrongful death, it requires a legal strategy that goes beyond a typical injury claim. A truck accident lawyer must work with medical, financial, and other experts to understand future medical needs, lost earning capacity, and the long-term impact on the victim or surviving family.
Regulatory Complexity
Many commercial trucking companies and drivers are subject to Federal Motor Carrier Safety Administration regulations, as well as applicable New York laws and regulations. Depending on the operation, these rules may govern driving hours, vehicle inspection and maintenance, driver qualifications, cargo securement, and other safety obligations.
Multiple Possible Liable Parties
Liability in a truck accident is not always limited to the truck driver. Depending on the cause of the crash, several individuals or companies may share responsibility, making these cases more complex than typical car accident claims. Potentially liable parties include:
- Trucking company: Employers may be responsible for issues involving hiring, training, supervision, or company safety practices.
- Shipper, broker, cargo loader, or other contractor: A third party may be liable if its own negligent conduct, such as improperly loading or securing cargo, contributed to the crash.
- Maintenance contractor: Companies responsible for truck maintenance may be liable if mechanical failures contributed.
- Parts manufacturer: A manufacturer may be responsible if a defective part, such as a brake component, contributed to the accident.
Insurance Complexity
Commercial trucking claims often involve higher insurance limits than ordinary car accident claims. Because the potential damages may be substantial, insurers may conduct extensive investigations and dispute liability, causation, or the value of the claimed losses. The trucking company and its insurer may also retain investigators and defense attorneys soon after the crash to protect their interests.
What Does a New York Truck Accident Lawyer Do?
From the first steps after a crash through the possibility of trial, a New York truck accident lawyer handles the investigation and legal strategy needed to pursue a truck accident claim.
Investigating the Crash and Preserving Key Evidence
A lawyer begins by gathering evidence to explain how the crash occurred and who was responsible. This may include visiting the accident scene, documenting conditions, collecting physical evidence, obtaining police reports, and speaking with witnesses before important details are lost.
Reviewing Trucking Records and Safety Compliance
Truck accident lawyers examine the circumstances surrounding the crash to determine whether applicable safety rules were followed. They may review driver logs, inspection and maintenance records, driver qualification files, company safety records, and information maintained by state or federal transportation agencies. This evidence may reveal excessive driving hours, inadequate maintenance, unsafe company practices, or other violations that contributed to the collision.
Finding All Potentially Responsible Parties
Truck accident investigations often require looking beyond the driver. A lawyer analyzes the roles of all parties involved, including trucking companies and others, to determine who may be legally responsible.
Consulting Professionals Who Can Explain Complex Evidence
A lawyer may work with accident reconstruction experts to explain how the collision occurred, medical experts to describe the extent of injuries and future medical needs, trucking industry experts to evaluate safety practices, and engineering experts to identify mechanical failures or equipment issues.
Taking Cases to Trial When Necessary
Many truck accident claims are resolved through settlement, but a lawyer must be prepared to take additional legal action if an insurance company refuses to offer a fair resolution. At Richmond Vona, our attorneys are trial-ready and ready to fight for you.
How a New York Truck Accident Lawyer Protects Your Claim From Insurance Company Tactics
Insurance companies use many strategies to reduce or deny truck accident claims. While every case is different, below are two common tactics they use and how a New York truck accident lawyer responds to protect a claim.
Common Tactic No. 1: Disputing Liability
An insurer may argue that the truck driver did not cause the crash or that the injured person shares some responsibility. A lawyer can protect the client’s claim by investigating the collision and collecting evidence that shows what happened. This may include accident reconstruction findings, police reports, camera footage, witness statements, and electronic data showing the truck’s speed or braking.
Common Tactic No. 2: Minimizing Safety Violations
Insurers may downplay violations of applicable trucking or safety rules. A lawyer can defend a client’s claim by finding evidence that shows whether the violation played a role in the crash. This may include reviewing driver logs and maintenance records, and using qualified expert testimony and other evidence to establish the connection between the violation and the collision.
What to Expect From a Richmond Vona Truck Accident Lawyer
When you hire Richmond Vona, a dedicated two- to three-person legal team will build your case with the resources and determination needed for success. Our offices are based in Western New York, and we serve clients statewide and can travel to you if necessary.
Here’s what you can expect when you work with us:
- Having a strong team by your side: As soon as you hire us, we learn about your accident, review the available information, and begin investigating your claim. You’ll know who you’ll be working with throughout your case after our team reviews your case and provides a consultation.
- Assessing your case: We provide a candid assessment and explain the factors that could affect the outcome.
- Building your claim: We collect medical records, accident reports, driver logs, witness statements, and other evidence that may support your case.
- Pursuing compensation: We communicate and negotiate with the insurance companies, review any settlement offers, and prepare your case for trial if a fair resolution cannot be reached.
- Keeping you informed: Throughout the process, we keep you informed through your preferred method of communication and answer any questions you have.
- Finalizing your claim: After your case is resolved and you receive compensation, our team is still here for you. We understand that your recovery may continue long after your case ends. You can also find our team staying involved and giving back in the local community.
Compassionate Legal Help Without Delay
When a truck accident causes serious injuries, we know our clients need more than legal guidance. They need a team that takes their recovery, their challenges, and their future seriously. At Richmond Vona, we act quickly to protect the people who trust us with their cases.
One example of that commitment is our work for a 46-year-old tractor-trailer driver who suffered life-changing injuries in a crash. We secured a $4,225,000 settlement for him after another tractor-trailer driver caused a devastating collision while attempting an illegal pass on a blind turn along our client’s route from Buffalo to Central New York.
We met with our client and his family at the hospital the following morning and immediately began investigating. His injuries included multiple fractures and a collapsed left lung, which prevented him from returning to his career as a truck driver.
Ready To Discuss Your Truck Accident Case? Reach Out for a Free Consultation
Every truck accident case is different, and understanding your legal options can help you make informed decisions about your next steps. If you or a loved one was injured in a truck accident, our New York truck accident lawyers can help you understand your options and work to protect your right to compensation.
Contact us online or call 716-500-5678 today to book a free case evaluation with our team.
