Truck Accidents
More than 500,000 trucking accidents occur each year in the United States, and about 5,000 of these trucking accidents result in fatalities. Those not that are not deadly still often result in devastating injuries. With the sizes of the vehicles involved, it’s not hard to see why.
The lawyers at DeToffol & Gittleman have decades of experience in trucking accident cases. We put the full force of the knowledge we have amassed to work to help those who have been injured by the negligence of the drivers and trucking companies.
Truck accident cases can be difficult to pursue. A competent New York truck accident attorney must have a complete understanding of laws and the drive to stand up to even the toughest insurance companies. Our lawyers never back down from a tough fight. We see the difference we can make in our clients’ lives and are inspired to pursue the best outcome for them.
Talk To An Experienced New York Truck Accident Attorney
Truck accidents can be devastating, often resulting in severe injuries, property damage, and even fatalities. If you or a loved one have been involved in a truck accident, it is crucial to consult with an experienced New York truck accident attorney as soon as possible. At DeToffol & Gittleman, we have a team of skilled attorneys with extensive experience in handling truck accident cases. Our in-depth knowledge of trucking regulations, insurance laws, and accident reconstruction allows us to build strong cases on behalf of our clients.
During your initial consultation, we will listen to your story, assess the details of the accident, and provide you with an honest evaluation of your case. You can trust our team to navigate the complexities of the legal system while you focus on your recovery and well-being.
Steps To Take After A Truck Accident
After a truck accident, it is crucial to take certain steps to protect your rights and strengthen your potential claim. Here are the essential steps you should consider taking:
Seek Medical Attention: Your health is the top priority. Even if your injuries seem minor, seeking medical attention immediately after the accident is essential. Some injuries may not be apparent right away but can worsen over time.
Report the Accident: Call the police to the scene and report the accident. Obtain a copy of the police report, as it can be valuable evidence for your case.
Gather Evidence: If possible, collect evidence at the scene, including photos of the accident, vehicle damage, skid marks, and road conditions. Also, gather contact information from any witnesses.
Do Not Admit Fault: Avoid discussing fault or apologizing for the accident. Even seemingly innocent statements can be used against you later.
Notify Your Insurance Company: Promptly notify your insurance company about the accident.
Consult with a Truck Accident Attorney: Seek legal counsel from an experienced New York truck accident attorney at DeToffol & Gittleman. We can help protect your rights and guide you through the claims process.
What Are Some Types Of Truck Accidents?
Truck accidents can occur in various scenarios due to factors such as driver fatigue, inadequate training, vehicle malfunctions, or hazardous road conditions. Some common types of truck accidents include:
Rear-End Collisions: When a truck collides with the rear of another vehicle, often caused by the truck driver’s failure to maintain a safe following distance.
Jackknife Accidents: These accidents occur when a truck’s trailer swings out, resembling the angle of a folding pocket knife, often caused by sudden braking.
Rollover Accidents: Rollover accidents happen when a truck tips over onto its side or roof, frequently caused by speeding or taking sharp turns too quickly.
Underride Accidents: These tragic accidents occur when a smaller vehicle becomes lodged underneath a truck, often due to inadequate rear underride guards on the truck.
Wide Turn Accidents: Trucks have large blind spots, which can lead to collisions when they attempt to make wide turns.
Who is Liable for My Truck Accident?
Determining liability in a truck accident can be complex, as multiple parties may share responsibility. Some potentially liable parties in a truck accident may include:
Truck Driver: The truck driver may be held liable if their negligence, such as speeding, distracted driving, or when driving under the influence causes the accident.
Trucking Company: The trucking company that employs the driver may also be liable if they failed to properly train or supervise the driver, or if they encouraged or forced the driver to violate safety regulations.
Truck Manufacturer: If a defect in the truck’s design or manufacturing contributed to the accident, the manufacturer may be held liable.
Maintenance Company: If the truck was poorly maintained or serviced, leading to mechanical failure, the maintenance company may be held responsible.
Third-Party Contractors: In some cases, liability may extend to third-party contractors responsible for loading or securing the truck’s cargo.
Determining liability is a critical aspect of your truck accident case, and our experienced attorneys at DeToffol & Gittleman, Attorneys at Law, will thoroughly investigate the accident to identify all potentially responsible parties.
What Kind of Compensation Am I Entitled To?
If you have been injured in a truck accident due to someone else’s negligence, you may be entitled to various types of compensation, including both monetary and non-monetary damages. Compensation can cover:
Medical Expenses: This includes current and future medical bills related to the treatment of your injuries, such as hospital stays, surgeries, medications, and rehabilitation.
Lost Wages: You may be compensated for the income you have lost due to your injuries, as well as any future loss of earning capacity if your injuries prevent you from returning to work.
Pain and Suffering: Non-economic damages may be awarded for the physical pain, emotional distress, and diminished quality of life resulting from the accident.
Punitive Damages: In cases of extreme negligence or willful misconduct by the at-fault party, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
At DeToffol & Gittleman, we are committed to ensuring you receive full and fair compensation for all your losses.
Should I Accept A Settlement Offer?
Insurance companies may offer quick settlements to minimize their costs, but these initial offers are often insufficient to cover the full extent of your damages. Before accepting any settlement offer, it may be crucial to consult with an experienced New York truck accident attorney. At DeToffol & Gittleman, we will carefully review the offer and assess whether it adequately addresses your current and future needs. We will negotiate aggressively with the insurance companies to seek the maximum compensation possible. If necessary, we are fully prepared to take your case to court to protect your rights.
The DDT Difference
At DeToffol & Gittleman, we are trial lawyers, and our track record speaks for itself. We are not afraid to take on insurance companies or large trucking corporations in the courtroom. Our dedicated team of trial attorneys will fight tirelessly to secure the compensation you deserve. Our commitment to providing personalized attention and aggressive representation sets us apart, making us one of the most respected personal injury firms in New York.
If you or a loved one have been injured in a truck accident, do not hesitate to seek legal representation. Our team of experienced truck accident attorneys at DeToffol & Gittleman, are ready to stand by your side and fight for your rights. Contact us today for a free and confidential consultation. Call (212) 962-2220
Investigating 18-wheeler accidents in New York
One of the most important decisions you can make in the aftermath of a truck accident is contacting a lawyer who immediately can safeguard evidence. Once we collect and protect evidence, we review it, interview witnesses and review company records with a fine-toothed comb.
During the investigation, our legal team reviews evidence and interviews witnesses, examines trucking company polices and training methods, and obtains trucking company inspection records and maintenance and driving logs.
Intricate trucking regulations
New York, like many states, has adopted and modified the Federal Motor Carrier Safety Regulations to govern truckers in the state. One of many regulations for commercial truck drivers relates to hours of driving and hours of rest. The law states:
- A driver may not drive without first taking ten consecutive hours off duty.
- A driver may drive during a period of 14 consecutive hours only after coming on duty following ten consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking ten consecutive hours off duty.
- A driver may drive a total of 11 hours during the 14-hour period.
- After June 30, 2013, driving is not permitted if more than eight hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes.
- No driver may drive after having been on duty 60 hours in any period of seven consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week. A driver also may not drive after having been on duty 70 hours in any period of eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
- After June 30, 2013, a driver may not take an off-duty period to restart the calculation of 60 hours or 70 hours until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, the driver must indicate in the remarks section of the record of duty status, which such off-duty period is being used to restart the calculation.
As is evident, truck accident cases can be far more complex than a typical auto accident case and require specific wisdom and resources that an attorney who only handles car crash cases is unlikely to have. We understand the unique factors involved in these cases because we have handled so many of them.
We pursue claims against owners and operators of 18-wheelers when injury results from any type of negligence — poor driver training, texting while driving (which is illegal for all motorists in New York), inadequate vehicle maintenance or unsafe driving of any kind. Our attorneys take on cases involving even the most serious physical damage, including brain injuries and spinal injuries.
