Truck Accident Lawyer Serving the Hudson Valley and Long Island
Because of their size, trucks can be especially dangerous in an accident. Common driving errors, such as forgetting to signal or changing lanes into another vehicle’s blind spot, can lead to catastrophe. Despite the regulations put on the trucking industry, driver error and maintenance failures still cause a high number of serious or fatal collisions. If you or a loved one was injured in a truck accident, call the experienced personal injury lawyers at Ingber & Provost. With over 40 years of combined experience, we can help you navigate the complex course of a truck accident claim from beginning to end.
Truck Accident Facts
Accidents involving trucks can oftentimes lead to serious injury or death. According to the National Highway Traffic Safety Administration (NHTSA), in 2012 alone, 3,802 large trucks were involved in accidents that resulted in death. That same year, of the roughly 317,000 accidents reported to the police, 23 percent involved at least one non-fatal injury. That is almost one injury for every four accidents involving large trucks.
Commercial trucking companies are required to keep their trucks in good operating condition. Poor maintenance and failure to properly operate the trucks, such as improperly securing items, driving with faulty tires or faulty braking systems, or not fixing malfunctioning lights, can cause accidents. Also, commercial truck drivers are required to follow certain rules, especially in terms of the number of hours they are allowed to be on the road. Unfortunately, these laws are sometimes broken and can lead to human error, and these errors in turn cause serious accidents.
Who Can Sue and What Can Be Recovered
The law requires that everyone use due care in their daily activities. If the care falls below that which is reasonable, that person is considered negligent and can be liable for the damage suffered. An injury victim can sue the negligent party, and if the victim dies in the crash, family members can sue for recovery as well. If you were injured in a truck accident, depending on the seriousness of your injuries, you could be compensated for a number losses:
- current and future medical expenses
- pain and suffering
- lost time from work
- diminished earning capacity
- and other costs
Survivors of victims who died in the crash are entitled to other types of recovery:
- loss of the deceased’s companionship
- loss of the deceased’s support and services
- loss of parental companionship
- funeral costs that were paid by the survivor
- and other costs
The attorneys at Ingber & Provost have over 40 years of combined experience and can help you evaluate your case with a free consultation.
Relevant New York Laws
In New York, if you have been injured, you have 3 years to file a claim. This is known as a statute of limitations. After this period, it is very unlikely that a court will hear your case, even if it is a good case. If your accident falls within New York’s “no-fault” statute, which means that recovery will be below $50,000, you have 30 days to file a claim with your “no-fault” insurance policy carrier. The distinction between what is considered a “serious” accident and what is not can be a complicated task, and the lawyers at Ingber & Provost can help you in this process.
In order to recover, it is necessary to prove that you or your loved one was injured due to the fault of the other driver. This is called liability. Liability is usually proven through many complicated steps in the litigation process, such as interviewing witnesses, reconstructing the accident scene, analysis of photographs from the accident scene, and other steps that require diligent representation.
Call the Experienced Truck Accident Lawyers at Ingber & Provost
Choosing the right truck accident lawyer can have a huge effect on a case. It is important to make sure that the attorney you hire has experience with personal injury. Ingber & Provost is a personal injury law firm that can competently represent you in a truck accident clam. We strive to serve our clients diligently and effectively in their time of need. Call us today at 1-866-733-2720 for a free consultation.