Glen Oaks Truck Accident Lawyer

The Aftermath of a Truck Accident

All it takes is one error of judgment or one careless truck driver to upend your life in minutes. The immediate aftermath of a truck crash can feel like a confusing whirlwind of police, doctors, hospitals, and paperwork. Victims can feel overwhelmed and unsure of where to turn for guidance. There are a few steps you can take immediately to ensure you retain the right to file for compensation.

Actions to Take After a Truck Accident

• Do not leave the scene: Regardless of whether anyone appears injured, you should stay near your vehicle. Call the police and connect with the other driver to exchange insurance information. Do not say anything that could be interpreted as an admission of fault.
• See a doctor immediately: If your injury is severe, you will likely be transported to a local emergency room. Even if you do not appear injured, see a doctor as soon as possible. Many injuries are not apparent to an untrained eye, and many can develop or worsen over time.
• Request a police report: This will allow you to prove the cause of the accident. It can take a few days for a police report to be available. Victims are advised to request a report as soon as possible.
• Consult a Glen Oaks truck accident lawyer: They can explore your legal rights and discuss your next steps.

The Law Office of Cohen & Jaffe, LLP can stand with you. Call us at (866) 878-6774 today.

Liability in a Truck Accident

Determining financial responsibility for a truck accident can be difficult because several parties may share liability. For example, if a truck driver caused your accident, it is likely that both the truck driver and their employer are liable. This is due to a legal concept called vicarious liability. Vicarious liability states that an employer is liable for their employee’s actions so long as the employee was acting within the scope of the employment (i.e., driving).

Forms of Driver Negligence That Could Have Caused Your Truck Crash

• Driving Under the Influence: Driving under the influence can include either alcohol or drugs.
• Distracted Driving: This can include drivers who are texting, emailing, reading, adjusting the radio, doing their makeup, and more. It is against the law for truck drivers to hold their phone to make a call, text, or to dial the phone using more than one button, per the Federal Motor Carrier Safety Administration (FMCSA).
• Driving Drowsy: Far more dangerous than most realize, drowsy driving can result in collisions with guard rails, medians, and other drivers. Truck drivers are often behind the wheel for hours at a time. They might also drive longer than legally allowed to get to their destination quicker, which can lead to drowsy driving.
• Reckless Driving: Driving recklessly can include speeding, weaving in and out of lanes, passing without taking proper precautions, and more.
• Failure to Heed Traffic Signals: This can include running red lights, stop signs, and more.
• Municipality Negligence: Negligence on the part of the town or municipality can include poorly maintained roads, malfunctioning traffic signals, and more. In cases such as these, the municipality itself can be held liable for damages.

Determining the exact cause of the accident is critical to your personal injury or wrongful death claim. This can be challenging to prove, though. A personal injury or wrongful death lawyer can work with you to determine the cause, hold the other driver accountable, and recover a fair settlement.

Motor Vehicle Accident Laws That Could Be Relevant to Your Case

If you suffered injuries in a truck accident in Glen Oaks, New York has several laws designed to protect your rights. A truck accident lawyer can explain these laws and help you understand your rights.

You Could Obtain Compensation While Being Partially At-Fault

New York operates under the “comparative fault” doctrine. Essentially, this means the defendant is responsible for covering damages proportionate to their degree of fault. For example, if the defendant’s negligence is proved to be 100 percent responsible for the accident, they can be held accountable for covering 100 percent of your damages. If, however, their behavior is found to be only 60 percent responsible for the collision, they can be held accountable for covering 60 percent of your damages under New York Civil Practice Law & Rules (CVP) § 1411.

There Are Limitations to How Long You Can Take Legal Action

If you were injured in a collision, you are entitled to file a personal injury lawsuit so long as you do so within three years from the accident date. Such an action would allow you to seek compensation for medical bills, lost wages, and pain and suffering. If you lost a loved one in a fatal collision, you might be eligible to file a wrongful death suit to cover the following losses:

• Medical bills
• Funeral and burial costs
• Loss of financial support
• Pain and suffering

Seeking financial compensation is about more than money. It is about peace of mind as you work to heal and rebuild your life after an accident.

Consult a Truck Accident Attorney Regarding Your Options

Fighting for the compensation you deserve can feel daunting. A Glen Oaks truck accident lawyer can prove invaluable in these circumstances. Your lawyer will investigate the accident, compile evidence to build an effective case, communicate with insurance providers, and advocate for you in court if the matter can not be settled fairly via negotiations.

At the Law Office of Cohen & Jaffe, LLP, we are committed to helping you rebuild your life. With more than a century of collective experience behind us, we offer a comprehensive approach to fighting for justice. Call (866) 878-6774 for a free consultation to get started.