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who-is-liable-for-truck-accidents-in-queens

Because of the increase in new development projects in Queens, as well as the fact that it is a large borough, trucks are frequently on the roads. The utility of these large, heavy vehicles ranges from transporting construction materials to construction sites, to delivering food to Queens’ residents. Basically, they add to the congestion of a city that is already notorious for its heavy traffic. As a result, collisions involving large commercial vehicles are common. Truck collisions are the most common cause of accidents in Queens, resulting in serious injuries.

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The pain, medical bills, and life changes that occur as a result of a trucking accident can be traumatic. If you or a loved one has been injured in a trucking accident, you should contact Queens truck accident attorneys at Elliot Ifraimoff & Associates to fight for maximum compensation on your behalf.

Elliot Ifraimoff & Associates’ accident lawyers ensure that you, like other truck accident victims, receive fair compensation for accident injuries caused by negligent truck drivers.

We will make the difficult process of filing a claim smooth and easy thanks to our decades of experience.

How To Evaluate The Damage After A Truck Accident

A collision with a commercial truck can result in catastrophic injuries such as broken bones, spinal cord damage, brain trauma, and even death. It is critical to have a thorough understanding of your injury’s long and short-term consequences. Such consequences include lost wages, a change in lifestyle, and medical costs.

Attorneys at Elliot Ifraimoff & Associates are committed to your personal injury lawsuit and ensuring you receive just compensation for your injuries.

Damages From A Queens Truck Accident

A truck accident, like a car accident, can be a traumatic experience. If you are involved in a truck accident, the following things can happen:

  • High cost of medical bills: Compared to motor vehicle accidents, the impact and force in a trucking accident is far greater due to the large weight and size of the vehicle. Consequently, resulting injuries could be very severe. Truck accident victims may require a prolonged hospital stay, surgeries, intensive care, etc.
  • Lost wages: After a truck accident, it is nearly impossible for accident victims to return to work. In addition to being physically disabled and suffering severe injuries, returning to work right away is not realistic. This condition can result in the loss of benefits, quality of life, earning capacity, and wages.

Liability for a Truck Accident

Aside from the significant damage and medical costs associated with Queens truck accidents, another reason to consult with a personal injury attorney following the incident is the complicated nature of the liability involved. Among the many potentially liable parties are:

  • The negligent truck driver;
  • The trucking company for negligence in failing to ensure regular maintenance or proper servicing;
  • A shipping company if the accident resulted from a cargo defect;
  • The truck’s manufacturer or a specific part manufacturer.

When you hire our firm, you can rest assured that we will conduct a thorough investigation to determine the cause of the accident and who should be held accountable. We will then structure your personal injury claim and ensure you receive your full settlement.

How Common are Truck Accidents In Queens?

Truck accidents in Queens are common. According to the New York Police Department, 1,415 truck accidents occurred in New York City in October 2019. Queens was home to nearly one-fourth of these incidents.

What Goes Into Analyzing a Truck Accident?

  • Truck data recorders: Event data recorders are extremely useful in a truck accident and are frequently available. Data recorders on large commercial trucks record information such as acceleration, service hours, speed, unexpected stops, and so on. When a truck accident occurs, the data will be analyzed to determine the cause.
  • Multiple liable parties: In trucking accidents, many people, and even companies, may be held liable. Parts manufacturers, shipping companies, trucking companies, and other entities may be held responsible. In a truck accident claim, an investigator must determine what happened and who should be held accountable.
  • Multiple insurance companies: A truck accident claim may involve multiple insurance companies. The truck owner, the shipping company, the truck driver, and other parties may all have separate insurance policies from different insurance companies.

Evidence We May Use

For large truck accidents, we may rely on the following evidence:

  • Driver logs that cover the rest periods and activities of the driver.
  • Employment records such as evidence of background reviews and driver records.
  • Maintenance and repair records of the truck.
  • Analysis of the scene of the accident by an expert
  • Lease agreements
  • Electronic data recorder
  • Police report
  • Cargo contents and balancing reports
  • Evidence of transporting dangerous cargo in the absence of adequate safety measures, as required by federal and New York trucking laws.
  • Eyewitness testimony.

Major Causes of Truck accidents

Some of the major causes of commercial truck accidents are:

  1. Distraction: The social phenomenon of phones and other electronic devices has made being distracted while driving a growing trend.
  2. Driving under the influence: Driving under the influence is prohibited under federal and New York law. Unfortunately, some drivers flout the rules, and the result is catastrophic.
  3. Inexperience: Operating a large truck takes experience and skill. An inexperienced driver has more tendency than an experienced one to make life costing mistakes.
  4. Lack of Communication: An important aspect of truck driving is communication. A truck driver must convey his intended action and plan with the use of signals, mirrors, and the horn.
  5. Speeding: Speeding is among the major causes of truck crashes. Driving at a reasonable speed can help prevent a truck accident from happening.
  6. Driving a truck without adequate rest: fatal mistakes can happen when truck drivers neglect their bodies’ needs and don’t get proper rest.
  7. Compacted space: A very crucial aspect of truck driving is space management. Truck drivers that leave insufficient space for the size of their freight can end up endangering themselves and others.
  8. Lack of truck maintenance: Some truck crashes aren’t the driver’s fault. Occasionally, truck owners don’t carry out routine servicing and maintenance of their trucks. As a result, problems can arise while driving.
  9. Bad weather and road conditions: Weather and road conditions play a critical role in truck accidents. Truck drivers should make it a duty to be conscious of the weather and road conditions and drive appropriately.

What is your truck accident case worth?

Companies that own commercial trucks or use them during the ordinary course of their business tend to take out higher policies on their vehicles. Consequently, victims in personal injury suits tend to have more money to go after when it comes to seeking adequate compensation.

Each case is distinct, and the circumstances surrounding a specific truck accident will determine its value.

The worth of a truck accident depends on some factors, including:

  • How your injuries affect your earning capacity.
  • The psychological effects of an accident.
  • The severity of your injuries.
  • The treatment, or lack thereof, available to you.
  • Lost wages.

Damages available to Queens truck accident victims

Queens truck accident victims are eligible for economic and non-economic damages.

Economic damages include:

  • Lost wages and income
  • Nursing care
  • Medical bills
  • Rehabilitation
  • Property damage
  • Disability
  • Physical therapy
  • Funeral expenses for fatal accidents.

Non-economic damages, typically called “pain and suffering” damages, include money for:

  • Physical pain
  • Loss of consortium
  • Loss of quality of life
  • Mental anguish
  • Scarring and disfigurement
  • Emotional suffering and distress.

If the investigator deduces that the liable party acted with intentional negligence, the accident victims can also qualify for punitive damages.

Filing a lawsuit against negligent parties

Other parties can be liable in addition to the truck driver.

Such parties include:

  • Trucking companies
  • Truck owner
  • Government agencies
  • Truck/part manufacturing company
  • Other motorists and bicyclists.

Our Queens truck accident attorneys at Elliot Ifraimoff & Associates will carefully investigate the cause of your accident to know who is liable for your injuries.

Catastrophic injuries and wrongful death can result from large truck accidents in Queens, NY

Injuries from motor vehicles can alter your life’s course. However, truck accident injuries are more serious and dangerous. Some of these injuries typically include:

  • Chest injury
  • Broken bones
  • Burns
  • Fractures
  • Nerve damage
  • Wrongful death
  • Neck and back injury
  • Eye injury
  • Spinal cord injury
  • Loss of limb and amputation
  • paralysis
  • Traumatic brain injury and

FAQs

How Much Does A Truck Accident Attorney In New York City Cost?

Hiring a Queens truck accident lawyer from our firm is both advantageous and simple. Furthermore, we provide a free consultation in which you can learn about your legal options. Our fees are contingent, which means we do not get paid unless we win your case. More importantly, our contingency fees are only a percentage of your settlement, ensuring that you do not pay out your entire settlement in attorney’s fees.

Are there other fees involved in a lawsuit?

Thorough investigations, skilled experts, and other processes are useful in truck accident cases to establish a compelling argument for the plaintiff. We will inform you of the associated fees and how they will be paid.

Should I Give A Statement To The Trucking Company’s Insurance Adjuster?

You are not required to do so, at least not right away. Tell them nothing about the accident when they first contact you; instead, tell them they will hear from your lawyer, who will then relay the accident information to them.

Looking for competent legal representation for your truck accident case? Contact Elliot Ifraimoff & Associates, PC today.

Have you been injured in a trucking accident that wasn’t your fault? Do you require a law firm’s assistance to pursue compensation? Get assistance immediately from an Elliot Ifraimoff & Associates qualified and experienced personal injury attorney.

We have been representing Queens’ trucking accident victims for many decades. We are ready to represent you against negligent drivers, trucking companies, and insurance companies.

Contact us for a free consultation.