Staten Island Truck Accident Lawyer

If you’ve been hurt or lost a loved one because of an accident involving a truck, you may be entitled to compensation according to personal injury law. Truck accidents can be devastating due to the truck’s size, weight, and momentum. Fortunately, you don’t have to accept the costs and suffering these injuries cause.

You may have grounds to file a claim that will allow you to be compensated for all damages, including expenses you might run into in the future. A Staten Island truck accident lawyer, like those at Kuharski, Levitz & Giovinazzo, Esq., can help you get the compensation and care you’re due.

Who Is Liable for a Staten Island Truck Accident?

While the logical conclusion would be to blame the truck driver for what happened, things might not be so simple from a legal standpoint. While truck drivers may have been careless or reckless, they’re still acting within the scope of their employment. Because of this, their employers may be the ones liable for your injuries.

This concept is called vicarious liability, but it can’t be applied to all scenarios. Unless you have extensive knowledge of the law, identifying all the at-fault parties could be difficult, especially when you’re already dealing with a loss or chronic pain. A Staten Island truck accident attorney will establish if the driver was on the job and will proceed accordingly.

Why Do Staten Island Truck Accidents Happen?

The roads can be dangerous places, especially when you’re near a large vehicle. Truck accidents happen for many reasons, and determining how yours happened can be complex.

Knowing the leading causes of this phenomenon might assist you in avoiding unexpected events in the future. Talk to your lawyer if you think your Staten Island truck accident was caused by any of the following.

Distracted Driving

While this problem is not exclusive to large vehicles, commercial trucks will more likely cause extensive damage when compared to cars or motorcycles. Distracted driving is one of the leading causes of road crashes. Many drivers fail to realize that a few seconds make the difference behind the wheel. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.

Cell phone use, eating, listening to loud music, or speaking with passengers can result in serious consequences. This is even more important for truck drivers, as their vehicle is harder to control and even a split second could cause a Staten Island truck accident.

Fatigue

Truck drivers are often overscheduled and find themselves working while fatigued. This could cause them to fall asleep behind the wheel. At this point, the chances of hitting other vehicles or losing control of their own are considerably higher. Unfortunately, this is one of the most common causes of truck accidents. In 2014, drowsy driving was the documented cause of 82,000 crashes, 37,000 injuries, and 886 deaths (2.5% of all fatal crashes).

This scenario is an example where vicarious liability can be applied. Staten Island truck accidents like these can be prevented if truck drivers didn’t have to work an unreasonable amount of hours. Their employer will be considered liable for what happened, as they didn’t do everything in their power to keep their employees safe.

Inadequate Vehicle Maintenance

Trucks need to follow a regular routine involving checks and maintenance. Failure to do so is a sign of negligent behavior and can lead to a tire blowout or other mechanical failure. At that point, losing control of the vehicle becomes the most likely outcome for a truck driver.

In this instance, the at-fault party is the individual or business responsible for this process. While the driver should worry about their vehicle’s condition, and the trucking company or mechanics responsible for the vehicle can be held liable for the accident.

What Is My Staten Island Truck Accident Claim Worth?

Establishing your claim’s value is critical for your health and ability to return to your life. Receiving compensation that meets your needs can help you take care of your injuries in the best way possible, especially if you’re dealing with lifelong consequences.

Your claim’s value is determined by the damages you’ve suffered, which may be financial or non-financial.

Economic Damages

When moving forward with a personal injury claim, remember to keep all documentation related to your expenses, like medical bills, repair costs for your damaged property, and any additional therapy required for a stable recovery. These bills can determine your economic damages or the financial costs of your recovery.

Your lawyer can help you add up these expenses, estimate your future expenses, and know what your claim is worth for the following damages, among others:

Medical bills
Lost wages
Property damage
Transportation costs
Household services, such as a cleaning service
Household accommodations, such as a wheelchair ramp

Non-Economic Damages

The term non-economic damages refer to injuries that don’t have a quantifiable monetary value and don’t affect your finances directly as medical expenses would. Everything that negatively changed your life as a result of a Staten Island truck accident should be considered.

The most common example is pain and suffering. You and your Staten Island truck crash lawyer, however, may also seek damages for mental anguish, emotional distress, and loss of enjoyment of life, among others.

Keeping a daily journal, along with a therapist’s opinion will increase your chances of being awarded non-economic damages. New York law doesn’t have a standard formula for calculating these damages, so speak with a Staten Island truck accident attorney who will take care of calculations on your behalf.

Dealing with a Trucking Company’s Insurance Policy

Before you’re even fully involved in the claims process, you may have already been contacted by the insurance company.

Adjusters follow this course of action so they can give you a lowball settlement offer before you have a chance to analyze the situation and your injuries, and to speak with a lawyer. That means many Staten Island truck accident victims accept an offer without knowing if they’re receiving a low settlement.

Accepting means losing your right to seek compensation through a personal injury claim, so you should tread carefully before moving forward in this instance. The best option would be to tell the insurance company to redirect all communications to your Staten Island truck crash attorney and to avoid accepting their offers without consulting a professional.

What’s a Demand Letter?

As soon as your claim has been properly investigated and you’ve moved past this first step, your Staten Island accident attorney will send a demand letter to the insurance company. This letter will officially initiate the claims process. This is a formal request for compensation, where details of the accident and an estimate of your case’s value are included.

It may also include a description of all the costs that were a direct consequence of a Staten Island truck accident, and a monetary amount that refers to your lost income. This is especially important if your injuries have caused a disability that stops you from returning to work in the long term.

Negotiating with the Insurance Company

When you’re facing a Staten Island truck accident claim, you may have grounds to seek compensation through the trucking company’s insurance company. When a driver causes an accident within the scope of their job, their employer and their employer’s insurance company should handle the rest.

Unfortunately, it’s not always that simple.

The insurance company is still a for-profit business, which means your best interests aren’t their priority. That means you may face delays, accusations of fault, and even claim denials.

Reaching an Agreement vs. Going to Court

The Staten Island claims process ends once an agreement has been reached between all parties and you receive the money you need to take care of all current and future expenses. Negotiations can be lengthy for a truck accident case, as large amounts of money are usually involved.

Many personal injury claims reach this conclusion, but there’s always the possibility that an agreement can’t be reached. The insurance company may insist on paying you as little as possible. If you want to be compensated fairly, you may need to proceed with a civil trial.

Your Staten Island truck accident lawyer is prepared for this, as they’ve considered it as a possibility from the beginning, and they’ve already thought of a strategy that can convince a jury.

Once you reach the courtroom, both parties will be given the opportunity to present evidence and explain their version of the facts. Your attorney will demonstrate how the truck driver caused the collision and why they’re responsible.

After hearing both parties and their reasons, the jury will proceed with a verdict. If you’re successful, you’ll be awarded the compensation you’re due. The presence of a qualified attorney with trial experience greatly increases the chances of receiving what you truly deserve.

What If I Can’t Afford an Attorney?

Many Staten Island truck accident victims have never needed legal representation as they need it now and will have doubts about affording an attorney. You’re already dealing with financial hardships after a Staten Island truck accident. Luckily, Staten Island truck accident law firms often work on contingency.

A contingency fee agreement is initiated during your free consultations. This payment plan specifies that your attorney will receive a percentage of your earnings if you win your case. The fees won’t come out of your own pocket, and your lawyer will be paid only if your claim is successful.

Deadline for a Truck Accident Claim in Staten Island

Knowing when to take legal action can be tricky. You don’t want to rush, but Staten Island truck accident claims have a specific time limit. The statute of limitations for a truck accident case is three years from the date of the collision. This deadline applies to all circumstances, even if the accident resulted in property damage and involved a fatality.

Waiting too long can hurt your Staten Island truck accident claim. The key to success for an accident claim is evidence, and evidence can degrade or be lost or destroyed over time. If your case goes to trial, not having evidence in your favor means you have less evidence to prove you’re due compensation.

Involved in a Staten Island Truck Accident? We Can Help

It’s not always possible to predict another driver’s behavior. Proceeding carefully is not a guarantee that you won’t find yourself getting hit by a truck. But you don’t have to deal with the unfortunate consequences of this event by yourself. Our team is ready to help and will make it a priority to provide you with the financial compensation you deserve.

You can contact Kuharski, Levitz & Giovinazzo, Esq. today to discuss the specifics of your case. We know what you’re going through, and will provide you with an experienced Staten Island truck accident lawyer. You can reach us at 718-448-1600 or through the online contact form below to schedule your free consultation.

Staten Island Truck Accident FAQ

Injured in a Staten Island truck accident and unsure where to turn? Our lawyers understand how complex and difficult these claims can be. That’s why we’re prepared to help you recover from your injuries and your suffering.

When you’re ready to act, you can reach out to our lawyers. In the meantime, check out the answers below we’ve given to our most frequently asked questions.

What if my child is injured in a Staten Island truck accident?

Your child may be old enough to drive or may have been a passenger in a truck accident, but what if they’re not old enough to sue? Typically, you have two options. Your family can wait until they’re old enough, which is when the statute of limitations begins, or you can seek out the chance to file on your child’s behalf. Your lawyer can guide you through this process.

How much is my truck accident claim worth?

Truck accident claims can vary, but often, they can be extremely expensive. Truck accidents, especially at high speeds, can do large amounts of damage. Your lawyer can review your claim and help you determine what your Staten Island truck accident claim is worth.

I was possibly partially at fault. Can I still sue?

First, it’s vital to never admit fault. Even if you’re not at fault, these statements can be used against you. If you believe the at-fault party will try to claim you’re the one at fault, talk to a Staten Island lawyer about your options for a strong defense. Your attorney can help you determine your best options for action.

How long will it take to settle my Staten Island truck accident claim?

A Staten Island truck accident claim can vary in length, depending on the details of the case. In some cases, the insurance company is willing to settle fairly, and you can get your settlement within weeks. In others, it may take more than a year in court to settle your claim.

Here’s what we can promise: steady representation for your claim. You don’t have to worry about your Staten Island truck accident attorney giving up on your case. We’re here to help you get compensated, and we’re ready to act.

I think the truck driver tried to harm me. What can I do?

When you’re hurt because a Staten Island driver was wantonly reckless or tried to harm you, you sometimes have grounds for further damages. Punitive damages are not meant to compensate you for your injuries; they’re meant to punish the wrongdoer for hurting you.

Because of this, not all Staten Island truck accident victims are eligible for these damages. Talk to your lawyer about the other driver’s actions and whether you have the opportunity to act.

Citations

Distracted Driving statistics, NHTSA
https://www.nhtsa.gov/risky-driving/distracted-driving

Sleep and Transportation Safety: Role of the Employer, NIH
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7783715/