Truck accidents are alarmingly common across the United States, particularly those involving 18-wheelers. These incidents often result in severe injuries or even fatalities due to the massive size and weight of these vehicles.
If you’ve been hurt in such an accident in New York City, our experienced New York City personal injury lawyer at Mirza Law is here to guide you. Below, we break down the common causes of 18-wheeler accidents, your options for pursuing compensation, and how we can assist you in this challenging process.
Common Causes of 18-Wheeler Accidents
Understanding what leads to 18-wheeler accidents can provide valuable context as you evaluate your case. Accidents involving large trucks are often caused by human error, mechanical failure, and negligence by trucking companies. Here are some of the most frequent causes:
Driver-Related Factors
- Fatigue: Truck drivers often operate under strict delivery schedules. This may lead them to drive for extended periods without adequate rest. Federal regulations limit driving hours, but violations are not uncommon.
- Impairment: Driving under the influence of alcohol, illegal drugs, or even prescription medication can significantly impair judgment and reaction times.
- Reckless Driving: Speeding, tailgating, and improper lane changes are dangerous behaviors that can lead to catastrophic accidents.
Truck Maintenance and Equipment Issues
- Mechanical Failures: Faulty brakes, tire blowouts, and other mechanical defects often result from poor maintenance or manufacturing.
- Improper Loading: When cargo is not evenly distributed or exceeds weight limits, it can cause the truck to tip over or lose control during transit.
Employer Negligence
- Inadequate Hiring Practices: Trucking companies that fail to conduct proper background checks or hire unqualified drivers contribute to dangerous conditions on the road.
- Pressure to Meet Deadlines: Unrealistic delivery schedules can encourage risky driving behaviors, such as speeding or skipping rest breaks.
If any of these factors contributed to your accident, you might have grounds for a personal injury claim. The next step is understanding how to build a strong case.
Gather and present enough evidence to meet the burden of proof in your personal injury claim. This will allow you to receive compensation for the economic and non-economic damages caused by your accident.
Filing a Truck Accident Claim in NYC
Filing a claim after an 18-wheeler accident requires a thorough understanding of the law and federal trucking regulations. Here’s what you need to know about protecting your rights:
The Statute of Limitations
In New York, you typically have three years to file a personal injury lawsuit from the accident date. However, we don’t advise waiting until the deadline approaches. Evidence, such as eyewitness accounts and surveillance footage, can become more challenging to obtain over time. Acting quickly improves your chances of building a compelling case.
The Burden of Proof
To win your case, you must show that the truck driver, trucking company, or another party acted negligently. You also need to prove that their actions directly caused your injuries. Key pieces of evidence include:
- Police reports and accident scene photos
- Medical records detailing your injuries
- Witness testimony
- Truck maintenance logs and driver logs (to verify compliance with federal regulations)
With the right legal team on your side, gathering and presenting this evidence becomes a manageable task.
What Compensation Can You Seek?
A personal injury claim aims to help you recover from the financial and emotional impact of the accident. Compensation typically includes two categories: economic and non-economic damages.
Economic damages cover tangible losses directly tied to the accident. These can include current and future medical expenses for treatments, rehabilitation, and medications.
If the accident forces you to take time off work or causes long-term disability, you may also seek compensation for lost wages and diminished earning capacity. Property damage falls under this category. It includes compensation for vehicle repair or replacement costs.
Non-economic damages address the accident’s less tangible yet significant impact on your life. This includes compensation for pain and suffering, and emotional distress caused by the accident and its aftermath. You may qualify for these damages if your injuries have reduced your quality of life. This includes being unable to enjoy hobbies or spend time with loved ones as before.
In rare cases, courts may award punitive damages. These are given to punish the at-fault party for reckless actions, like driving under the influence.
A thorough evaluation of your case determines the full scope of damages you’re entitled to. A seasoned attorney can help calculate these losses accurately to make sure you are fairly compensated for your hardships.
Seeking Justice After an 18-Wheeler Accident
Truck accident cases often involve multiple parties. They often include the driver, the trucking company, and insurance providers. Each will likely attempt to minimize their liability by shifting blame or disputing the severity of their injuries. This is why it’s necessary to have an experienced attorney who can build a strong case on your behalf.
A key component of seeking justice is a thorough investigation of the accident. This includes analyzing the truck driver’s logs, maintenance records, and compliance with the law.
Additionally, securing evidence such as surveillance footage, eyewitness statements, and police reports strengthens your claim. An attorney can enlist expert witnesses to support your case. Examples of these witnesses include accident reconstruction specialists or medical professionals.
Beyond gathering evidence, your attorney handles negotiations with insurance companies. Insurers often attempt to undervalue claims. However, a skilled lawyer can push back against these tactics so that you receive a fair settlement. If negotiations fail, having an attorney prepared to take your case to court demonstrates your commitment to securing the justice you deserve.
Enlisting professional legal help gives you the best chance to hold the responsible parties accountable. It also helps you secure compensation that fully reflects the extent of your losses.
At Mirza Law, we provide compassionate and effective legal representation from the moment you contact us. From gathering evidence to negotiating with insurance companies, we aim to simplify the process and help you focus on your recovery.
If you’ve been hurt in an 18-wheeler accident, don’t wait to take action. Contact us today to schedule a consultation. Together, we’ll explore your legal options and create a plan to help you move forward.