A collision with a commercial vehicle often has devastating consequences for the driver and passengers in the other car.Commercial vehicle accidents are often more complicated than run-of-the-mill car crashes, so you must act quickly to protect your rights.
If you or your close family member suffered injuries in a commercial vehicle accident, contact a New York car accident lawyer immediately.
What’s the Difference Between a Standard Car Accident and a Commercial Vehicle Accident?
All car accident claims follow the same principles of personal injury law. However, accidents involving commercial vehicles are different in several ways. That’s why you need a car accident lawyer in New York with plenty of experience handling these specific cases.
Severity of Injuries
Any car accident can end with a catastrophic outcome. Lower-limb fractures and TBIs are common injuries among car accident victims.
Commercial vehicles like semi-trucks, buses, and delivery vans are much larger than standard passenger cars. Therefore, those in the latter are at a higher risk of sustaining serious or fatal injuries. According to the National Safety Council, large trucks account for 6% of all motor vehicles in fatal crashes.
Liability
Liability is often harder to determine in commercial vehicle collisions than in standard car accidents. The commercial vehicle driver, the company they work for, and any services responsible for loading cargo or vehicle maintenance may be at fault. The manufacturer may likewise carry liability if a malfunctioning auto part caused the accident.
When two passenger vehicles collide, liability is often just a matter of determining who violated traffic rules. Factors like hours of service and cargo securement regulations also come into play with commercial vehicles.
Potential Settlement Amount
Because of their high-risk nature, commercial vehicles must carry significantly more insurance than a standard passenger vehicle. A larger insurance policy, combined with often severe injuries, means that commercial vehicle accident victims can potentially claim a higher settlement amount.
Some notable commercial vehicle accident cases have ended with multimillion settlements for the victims or their families. However, you’ll need a skilled New York car accident lawyer to build a strong case and protect you from bad faith tactics by insurance adjusters and lawyers representing carriers.
Gathering Evidence in Commercial Vehicle Accidents
Unless you need urgent medical care, you should remain at the accident scene long enough to gather important evidence that will disappear later, like photos of both vehicles, road conditions, skid marks, and scattered debris.
You should also take the commercial vehicle driver’s contact and insurance information and note the names and contact numbers of any witnesses. Share all this information with your lawyer later.
Other key evidence includes the police accident report, dash cam footage, the commercial vehicle’s black box data, driver logs, and carrier records.
Why You Should Seek Legal Representation Right Away
According to the NYPD, in July 2024 alone, 576 accidents involving large commercial vehicles and 232 accidents involving buses occurred in NYC. Insurers providing coverage for commercial vehicles are typically well trained in dodging claims and reducing payouts. They may deny liability, dispute the seriousness of your injuries, or try to rush you into a settlement that only covers a fraction of your losses.
An assertive, experienced New York car accident lawyer will stand up for your rights throughout your claim or lawsuit. For instance, your attorney may:
- Send a spoliation letter requesting the vehicle driver and owner to save any potential evidence.
- Analyze evidence like event data recorder (EDR) information, GPS data, the driver’s training records and certifications, and driver and vehicle maintenance logs.
- Look for violations of cargo limits or hours of service (HOS), such as excessive weight or a driver who spent too many hours on the road.
- Gather witness testimonies from people who had seen the accident and from authorities like forensic, financial, and medical professionals.
- Calculate your losses, including medical costs, prospective healthcare expenses, loss of employability, and pain and suffering.
Although your case will likely settle during pre-trial negotiations, an experienced car accident attorney will prepare for trial and be ready to represent you before a judge and jury.
Elliot Ifraimoff & Associates, PC: Fighting for Commercial Vehicle Accident Victims in NYC
Did you sustain injuries in an accident involving a truck, bus, or courier vehicle? Do you have questions about determining fault in some common car accident scenarios? Contact Elliot Ifraimoff & Associates, PC. Our legal team has over six decades of combined experience fighting for the rights of accident victims and their families.
Call (888) ASK-ELLIOT or (718) 205-1010, or complete our quick online form to schedule a free consultation with a New York car accident lawyer.
FAQs
Below, you’ll find answers to common questions we hear from clients about their injury cases.
What is maximum medical improvement (MMI), and why does it matter in commercial vehicle accident cases?
Maximum medical improvement, or MMI, is the point at which your recovery plateaus. That’s when you have a clearer picture of any permanent disabilities and your employability prospects. Your car accident attorney will use this information to calculate your losses and negotiate compensation.
Can I still seek compensation if the accident was partially my fault?
Yes. In New York, you may claim compensation even if you’re partly responsible for the collision. However, your settlement will be lower proportionally to your degree of fault. For instance, if your case is worth $200,000 but you’re 50% responsible, you’d only collect $100,000.
How much does a Queens car accident lawyer usually charge?
New York car accident attorneys usually work on a contingency basis, meaning that the lawyer’s payment comes out of your settlement if and when they resolve your case. The contingency fee may depend on the complexity of the case, the lawyer’s policy, and other factors.
How much time do I have to file a commercial vehicle accident claim in NY?
In New York, you may usually sue for damages within three years from the accident. However, the sooner you start working with a New York car accident lawyer, the higher your chances of resolving your claim successfully.