Justice For Truck Accident Victims
Our Bronx truck accident lawyers deliver results
Accidents involving delivery trucks, dump trucks, service vehicles, and buses in New York City can be very complicated. Unlike many motor vehicle accidents, you're not just dealing with another driver. You're dealing with the company that owns the truck or bus and perhaps even several other companies as well.
And since such vehicles are significantly larger than passenger cars and most other motorized vehicles, injuries resulting from collisions with commercial trucks or buses can be very severe. Traumatic brain injuries, spinal cord injuries and serous neck injuries often occur. Traffic fatalities are also common as well.
If you or a loved one has been injured in an accident involving a commercial truck or bus in New York City, don't try to handle your accident on your own. Get the help you need from a lawyer who knows how to get results. Get Giampa Law. Our Bronx truck accident attorneys have decades of experience and the case results to prove it.
Who is liable in a trucking accident?
Unlike most traffic accidents, there are often multiple players that can be held legally responsible for a truck accident involving a commercial vehicle – and they all have separate insurance policies. Depending on the facts of your case, you may be able to pursue compensation from:
- The trucker’s employer
- The truck driver
- The truck’s manufacturer
- A parts manufacturer
- The owner or leaseholder of the truck and/or trailer
- The shipper of the truck’s cargo
- A freight broker
- A third party (another driver involved in your crash)
It’s never easy dealing with an insurance company after an accident because they are always trying to protect their bottom line. Trying to recover compensation from more than one insurance policy presents an entirely different level of complexity because one company may try to pin blame on the other. Or, they may work together to pay you as little as possible. This is why you must know your legal rights after a truck accident. If you aren’t sure about your options, call an attorney before you speak to any insurance company.
How do you determine liability in a truck accident?
The job of your attorney is to present evidence that will prove the trucking company and/or other potentially liable parties are responsible for your accident-related expenses, or damages. The burden of proof is on you, the plaintiff, which is why gathering and preserving evidence is key. Evidence may include:
- Your medical records
- Testimony from an expert witness (e.g., accident reconstruction expert, medical expert)
- Eyewitness testimony
- The official police accident report
- Pictures of the crash scene
- Dashcam footage
- Data from the truck’s electronic control module (ECM) or event data recorder (EDR)
- Truck driver logs
- The trucker’s cellphone records
- Inspection reports
- Personnel files
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, and their rules can have an impact on your case. For instance, trucking companies are only required to retain truck driver logs for 6 months. In most cases, your lawyer can take steps to prevent this type of evidence from being lost or destroyed.
What are the most common truck accident injuries?
Accidents involving 18-wheelers and other large commercial vehicles typically result in serious injuries or death due to their weight and size. For instance, a fully loaded tractor-trailer is about 80,000 pounds while the average passenger vehicle weighs somewhere between 3,000-4,000 pounds. Common injuries include:
- A head or brain injury, such as a concussion or fractured skull
- A spinal cord injury, which may result in paralysis, paraplegia, or quadriplegia
- Severed limbs
- Broken bones
- Severe burns
- Debilitating back injuries
- Serious neck injuries
- Internal organ damage (e.g. collapsed lung, ruptured spleen, lacerated kidney)
When pursuing compensation after a truck accident, you must consider the long-term cost of your injuries and medical treatment. You may need an operation and follow-up surgeries. You may need physical therapy and modifications to your home or vehicle. Depending on the severity of your injury, you may not be able to work again. These are all factors that should be considered by your lawyer so that you don’t end up paying out of pocket for expenses you didn’t create.
How did your accident happen?
When a truck or bus hits another car or pedestrian, it's rarely an "accident." In most cases, such collisions occur because the bus driver or truck driver acted in a reckless or negligent manner. Some of the most common reasons why accidents occur in New York City involving buses or commercial truck drivers include:
- Driving distraction (bus and truck drivers must pay attention at all times)
- Texting while driving (federal law prohibits commercial drivers from sending or reading text messages)
- Speeding (commercial drivers in a rush to make more deliveries or make up for lost time in traffic often drive too fast in New York City)
- Inexperienced drivers (commercial drivers must undergo rigorous training in order to safely operate a truck or bus in the city)
- Vehicle defects (defective parts can make trucks or buses unsafe to operate)
- Poor maintenance (truck and bus companies have an obligation to keep their vehicles in safe, working operation in order to avoid causing serious accidents)
Whatever the cause of your truck or bus accident, contact Giampa Law. Our experienced attorneys know how to find the evidence you need to get the compensation you deserve.
Why are truck accidents different?
Commercial truck drivers are held to a higher standard than other drivers. In order to legally operate a delivery truck or another commercial vehicle weighing more than 10,000 pounds in New York, the driver must obtain a commercial driver's license, known as a "CDL."
In addition, special federal laws exist governing commercial truck drivers. The Federal Motor Carrier Safety Administration (FMCSA) enforces these laws, which include how many hours drivers can legally work during a 24-hour period. Such rules are known as "Hours of Service" regulations.
Many other truck-specific rules and laws exist in New York. That's why it's important that you have a lawyer on your side familiar with these regulations and how they apply to your accident. That's why we want to meet with you and learn more about exactly what happened to you.
What makes bus accidents different?
Bus drivers (including school bus drivers and commercial bus drivers) need to obtain a special driver's license to legally operate a bus in New York. Commercial bus drivers and MTA bus drivers in NYC must obtain a CDL license with a passenger (P) endorsement. If they want to operate a school bus, they will need an (S) endorsement on their CDL license.
Finding out if the bus driver who caused your accident had the proper credentials can be harder than you might think. That's because tracking down commercial bus companies operating in New York City can be very challenging. Buses from all over the country drive in and out of New York City every single day. And in some cases, some bus companies put profits ahead of safety or driver training. That's why you need us on your side, rigorously investigating your bus accident.
Why choose us
The main reason why you need an attorney from Giampa Law investigating your accident comes down to one word - experience. We have handled many accident cases in the past and know exactly what to look for in each case. There's no substitute for that experience sitting across the table from officials representing a trucking company, a bus company or their insurance provider.
And while some law firms talk about what they can do, our case results speak for themselves. In one accident after another, we have consistently been able to get injury victims the money they rightfully deserve for their accident. That's because we know how to negotiate and we're not afraid to take bus or trucking companies to court if necessary.
We also know how to find the facts, even when the driver of a truck or bus insists he or she did nothing wrong. Whether it's reviewing inspection reports, accident reports or interviewing eyewitnesses, we will not rest until we uncover the truth. Put your trust in us. Contact Giampa Law and schedule your free case evaluation at our Bronx office right now.