Bronx Truck Accident Lawyer
More than 22,000 large trucks were involved in vehicle accidents on New York roadways in 2013. As a result, 105 people lost their lives and more than 5,000 suffered an injury. Passengers, pedestrians and bicyclists accounted for more than 50 deaths after a truck accident. While nearly 7,000 accidents resulted in property damage, nearly 3,000 people reported at least minor injuries, more than 500 reported moderate injuries and more than 300 reported serious injuries. A truck accident lawyer can help victims of a truck accident recover financial damages for injuries including lost wages and medical expenses.
What Types of Accidents Occur With Trucks?
As with any type of motor vehicle accident, there are a range of accident types and causes. Because a truck is so much larger than a standard automobile, they are often more difficult to stop and turn. Pedestrian accidents can occur when a truck has insufficient time to stop when a pedestrian is in a crosswalk, a bicycle involved truck accident can occur when the driver cannot see the biker and car accidents can range from head-on collisions to rear end collisions. Regardless of the type of accident, proving the truck driver was at fault in an accident is one of the requirements in order to establish fault.
Leading Causes of New York Truck Accidents
Accidents are classified into three categories, those that involve human error, those that involve mechanical problems and those that involve environmental conditions. Proving who is at fault for an accident can be complicated. This is especially true when weather-related accidents occur unless it can be clearly demonstrated the driver of the truck was not exercising proper caution. In each category, there are some specific areas that may make it easier to prove fault in a truck accident including:
- Human error issues – Drivers who were intoxicated, distracted, or not following basic safety procedures such as yielding, not following too closely or staying in their own lane were involved in more than 7,000 accidents in New York during 2013.
- Mechanical problems – Defective brakes, headlights and accelerator defects were deemed responsible for more than 100 roadway accidents involving trucks. Tire failure and other defects were identified as a causing factor in more than 500 accidents.
- Environmental factors – Overall, nearly 1,700 accidents on New York roadways during 2013 were as a result of environmental conditions. Animals jumping into the roadway were identified as a cause in more than 200 accidents, obstructed views were a cause in more than 350 accidents and slippery roadways were identified in more than 800 accidents involving trucks.
Establishing Fault After a Truck Accident
Establishing fault is the first element of a personal injury case. Following a truck accident, fault can be assigned to various parties including:
- Truck Driver – A driver who was not acting properly by either using a cell phone, driving intoxicated or traveling to closely may be held responsible for the accident.
- Trucker’s Employer – Truckers have very strict requirements for rest periods. An employer may be held responsible for accidents caused because a driver was overtired and fell asleep at the wheel. Employers may also be held responsible if a mechanical failure caused by poor maintenance was found at fault for the accident.
- Manufacturer – In the event of defective tires, brakes or accelerators, the manufacturer may be found to be at fault for the accident.
Keep in mind, New York has a no-fault insurance policy. This means immediately following an accident you can put in a claim to have your medical bills and lost wages reimbursed to you immediately. You only have 30 days to file this type of claim. Victims who suffer serious injuries that exceed the limits of a no fault policy have the right to work with a truck accident lawyer to file suit against the responsible parties. If you or a loved one has been involved in a truck accident, call Attorney Ivan M. Diamond at 877-960-1702 immediately. As an experienced Bronx attorney, I can help ensure you are made financially whole after an accident.
The Law Offices of Ivan M. Diamond888 Grand Concourse #1L Bronx, NY 10451 Phone: (718) 588-2000 Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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