Truck Accidents

New York Truck Accident Lawyer

Irwin Law Helps Injured Victims of Truck Crashes Across the Country

Truck accidents are some of the most dangerous on the road. The average fully-loaded tractor-trailer weighs 80,000 pounds, while the average passenger vehicle weighs about 3,000 pounds. In a crash, the occupants of the passenger vehicle are often seriously injured or killed.

When a truck accident occurs, the trucking company’s insurer will often send a team of adjusters, investigators, and lawyers to the scene within hours. These individuals are not there to help you. They are there to collect evidence and build a case against you so that the insurance company can avoid paying just compensation.

At Irwin Law, we can help you fight back. Our New York truck accident lawyer has decades of experience representing injured victims and their families, and we know what it takes to win maximum compensation. We have handled cases involving all types of trucking companies and all types of catastrophic injuries, and we can help you secure the compensation you deserve.

To find out if you have a claim for a truck accident, call (212) 203-4529 or contact us online for a free consultation.

Who Is Liable for a Truck Accident?

When you file a claim for a truck accident, one of the first questions is, “Who is liable?” In order to seek compensation, you need to be able to prove that someone else is to blame for your injuries. But, in a truck accident case, there are often multiple parties that are potentially liable.

Some of the most common parties that are liable for truck accidents include:

  • The Trucking Company – If the trucking company was negligent in any way, it can be held liable for the driver’s mistakes. Trucking companies are often liable for their drivers’ mistakes, and they can also be held liable for violations of federal trucking regulations.
  • The Truck’s Owner – If the truck is owned by a company other than the trucking company, the owner can potentially be held liable for the driver’s mistakes.
  • The Truck’s Manufacturer – If a defective truck or truck part caused the accident, the manufacturer can be held liable.
  • The Company that Loaded the Truck – If the truck was loaded improperly and this caused or contributed to the accident, the company that loaded the truck can potentially be held liable as well.
  • The Driver’s Employer – If the truck driver was an employee, his or her employer will typically be liable. But, even if the driver was an independent contractor, the employer may still be liable depending on the circumstances at hand.
  • The Driver – If the driver made a mistake and this caused the accident, he or she can potentially be held liable for your losses.
  • A Third Party – There are numerous other third parties that can be liable for truck accidents as well. For example, if a mechanic made a mistake that caused the truck to crash, the mechanic could potentially be liable for your injuries.

When you choose Irwin Law to represent you, we will conduct a thorough investigation to determine who is liable for your injuries. We will also calculate your full financial and non-financial losses so that we can seek maximum compensation on your behalf.

What Compensation Can You Recover After a Truck Accident?

In a truck accident case, the compensation you can recover will depend on the specific facts and circumstances involved. However, in most cases, truck accident victims will be entitled to just compensation for their economic and non-economic losses.

Some examples of the types of losses you can recover when you file a truck accident claim include:

  • Medical bills
  • Prescription costs
  • Physical therapy and rehabilitation expenses
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Scarring and disfigurement
  • Emotional trauma
  • Loss of enjoyment of life
  • Loss of companionship and consortium

If you were partially at fault in the accident, this does not necessarily mean that you are not entitled to any compensation. New York’s “comparative negligence” law allows accident victims to recover partial compensation for their losses if they were partially to blame.

For example, if you were 25% at fault and your losses total $100,000, you would still be entitled to recover $75,000. However, it is important to note that the insurance companies will often try to shift the blame to the accident victim. This is why it is so important to hire an experienced attorney to represent you.

How Much Time Do You Have to File a Truck Accident Lawsuit?

If you have a claim for a truck accident, it is important that you take legal action as soon as possible. There are several reasons for this. First, the longer you wait, the more difficult it will be to collect the evidence needed to prove your claim. Second, there are strict deadlines for filing lawsuits in truck accident cases.

In most cases, the deadline for filing a truck accident lawsuit is three years from the date of the accident. However, there are exceptions to this rule.

For example, if you were injured by a truck owned by a state or local government, you will typically only have 90 days to file a “notice of claim.” This is a document that tells the government that you intend to sue. If you do not file a notice of claim, you may lose your right to seek compensation.

There are also other exceptions that can apply in truck accident cases. For example, if you were injured by a truck that was owned by a company that operates in another state, the deadline for filing your claim may be shorter. This is why it is so important to hire an attorney who is experienced in this area of the law. At Irwin Law, we can help you file your truck accident claim on time and take all other necessary steps to protect your rights.

What Should You Do After a Truck Accident?

After a truck accident, the steps you take (or do not take) could have a major impact on your ability to recover just compensation. With this in mind, here are seven things you should try to do if you are physically able to do so:

1. Seek Medical Attention – Even if you do not think you were seriously injured, you should go to the hospital to get checked out. Many truck accident injuries have delayed symptoms, and you will need medical records to prove that you sought treatment.

2. Preserve the Evidence – If you can, take photos of the accident scene and your injuries. Get the names and contact information of any witnesses, and write down everything you remember about the accident. Also, be sure to keep your clothes and any other items that were damaged in the accident.

3. Do Not Talk to the Insurance Companies – Do not give any recorded statements, and do not sign any paperwork. The insurance companies will try to use anything you say or do against you, and you do not want to take any unnecessary risks.

4. Do Not Post on Social Media – If you are like most people, you use social media to stay connected with friends and family. But, after a truck accident, you should avoid posting on social media. The insurance companies will look for any evidence they can find to use against you, and this includes your social media posts.

5. Do Not Accept a Quick Settlement – The insurance companies will often offer to pay you a quick settlement. But, in most cases, this will be far less than what you are entitled to recover. If you accept a settlement, you will not be able to go back and ask for more money.

6. Get a Copy of Your Police Report – After an accident, you should always get a copy of your police report. This will contain important information that can help your attorney prove your claim.

7. Contact a Truck Accident Lawyer – The sooner you contact a truck accident lawyer, the sooner your attorney can start working on your case. Your lawyer will need to conduct a thorough investigation, and this can take time. The more time your lawyer has, the more likely he or she will be able to recover maximum compensation.

How Can a Truck Accident Lawyer Help?

So, what can a truck accident lawyer do to help you? Here are six key steps that your attorney will take in your case:

1. Conduct a Thorough Investigation – Your attorney will conduct a thorough investigation to determine what caused the accident and who is liable for your injuries. This will involve reviewing the police report, interviewing witnesses, working with experts, and taking other steps to collect and preserve evidence.

2. Calculate Your Current and Future Losses – Your attorney will calculate your current and future losses so that he or she can seek maximum compensation on your behalf. This will require a detailed understanding of your injuries and your prognosis for recovery.

3. Stand Up to the Insurance Companies – Your attorney will handle all dealings with the insurance companies so that you can focus on your recovery. He or she will negotiate with the insurance companies to try to secure a fair settlement, and your attorney will be prepared to go to trial if necessary.

4. Pursue All Available Forms of Compensation – Your attorney will pursue all available forms of compensation. This could include compensation for your medical bills, lost wages, pain and suffering, and more. If you are entitled to compensation, your attorney will fight to win maximum compensation for you.

5. Protect Your Rights Every Step of the Way – Your attorney will protect your rights every step of the way. This will include making sure that you do not make any mistakes that could jeopardize your claim, and your attorney will also make sure that your claim is filed on time.

6. Keep You Informed Every Step of the Way – Your attorney will keep you informed every step of the way. You will know what to expect, and your attorney will be available to answer your questions whenever you have them.

Why Choose Irwin Law?

When you choose Irwin Law to represent you, you can count on us to fight aggressively to win maximum compensation. Our New York truck accident lawyer is a highly-skilled negotiator and litigator, and he has a long track record of success in truck accident cases.

When you choose us to represent you, we will:

  • Conduct a thorough investigation to determine who is liable for your injuries
  • Calculate your full financial and non-financial losses
  • Negotiate aggressively with the insurance companies to try to win a fair settlement
  • Be prepared to go to trial if necessary

Truck accident cases are complex, and they can be difficult to win. But, at Irwin Law, we have the experience and resources to win maximum compensation, and we will not back down from a fight.

Contact Our New York Truck Accident Lawyer for a Free Consultation

If you have been injured in a truck accident, you need an experienced attorney on your side. At Irwin Law, we have the experience and resources to win, and we are committed to fighting for you. We represent clients in New York and nationwide, and we are available 24/7 to take your call.

To find out if you have a claim, call (212) 203-4529 or contact us online to schedule a free consultation with our New York truck accident attorney.

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