Best Truck Accident Lawyers in Amherst, NY

FAQs

• What is the non-emergency contact number for the local police station in Amherst, New York?

  People in Amherst can contact the local police department for non-emergency matters at (716) 689-1311.

• Where can you get a copy of the police report for the accident in Amherst, New York?

  Residents can request and claim copies of accident reports at the Amherst Police Department, whether in person or via mail. The department's address is 500 John James Audubon Pkwy., and it is open from 9 A.M. to 4 P.M., from Monday to Friday, excluding legal holidays. For reports that are requested via mail, a person must also provide a self-addressed and stamped return envelope.

• What are the leading causes of truck accidents in Amherst?

  According to a causation study organized by the Federal Motor Carrier Safety Administration, truck accidents frequently happen in Amherst and other American roads due to driver errors. These are caused by factors such as distractions, fatigue, speeding, and poor truck maintenance, as well as the influence of drugs. In other cases, certain crashes are caused by improperly secured truck loads, illegal traffic maneuvers, brake defects, and roadway problems.

• How do regulations involving hours of service apply in truck accident cases in Amherst?

  Amherst, along with the rest of New York State, adheres to regulations involving hours of service that are imposed by the state's Department of Transportation and the Federal Motor Carrier Safety Administration. In case a trucking company violates these regulations by forcing its drivers to overwork, and one of them causes an accident due to fatigue, the company can be held liable for the damages involved in the resulting case.

• What is the statute of limitations for truck accident cases in Amherst?

  In line with the rest of New York State, truck accident victims in Amherst have up to three years from the date of an accident to file a claim against at-fault drivers and third parties. This is shortened to two years for wrongful death cases, beginning on the date when the victim passed away. For children, the statute only starts after they have turned 18 and lasts for three years.

• In a truck accident in Amherst, can anybody else be held liable besides the trucking company?

  Third parties, such as cargo loaders and transit companies, can be sued if it is proven that they are partially liable for an accident in Amherst. For cargo loaders, this occurs if they fail to properly secure a truck's cargo and the resulting spillage causes an accident. Transit companies can also be charged if they fail to monitor the working hours of the truck in question or if they fail to conduct background checks for potentially unqualified drivers.

• Can a truck accident victim in Amherst still recover damages even if they are partially liable for the accident?

  Yes, truck accident victims in Amherst can still file claims for damages even if they are partly to blame for the accident. This is in accordance with pure comparative fault mandates in New York, which allow plaintiffs to recover damages even if they are 99% at fault, as determined in investigations and court proceedings. However, their compensation is deducted based on their apportioned fault's percentage as a result.

• What does a truck accident attorney do?

  A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

• Who can be sued in a truck accident case?

  Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:

  • Equipment owners, including leasing companies
  • Truck drivers who are reckless, intoxicated, or make mistakes
  • Trucking companies accountable for hiring and keeping records
  • Maintenance providers who are negligent or fail to perform routine tasks
  • Loading personnel in accidents caused by shifting loads
  • Third-party drivers, especially in multi-vehicle collisions
  • Equipment manufacturers that sell defective parts

• What do I need to know about truck accident cases in court?

  In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:

  • The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.
  • In negligence claims, the plaintiff must prove that the defendant breached this duty.
  • The plaintiff must show that they suffered damages or experienced harm.
  • Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.

  
  

• What are the common causes of truck accidents?

  Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:

  • Inadequate or improper driver training
  • Severe weather, including rain, sleet, ice, and fog
  • Dangerous roadways, potholes, and construction zones
  • Improper loading, excess weight, and shifting cargo
  • Reckless driving involving intoxication or distractions
  • Faulty equipment, such as failing brakes

  
  

• Can I sue if I was hit by a truck owned by a big company?

  Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:

  • Checking the truck driver’s record
  • Securing phone records to prove distracted driving
  • Photographing skid marks and road conditions
  • Verifying the truck’s weight and maintenance history
  • Establishing the driver’s physical and mental health
  • Reviewing logbooks to identify times of service violations
  • Checking for previous violations to establish a pattern of misconduct

  
  

• How many semi truck accidents are there per year?

  In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

• Can I sue for being hit by a semi truck?

  If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

• What should I do after a truck accident?

  The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

• How long does an 18-wheeler lawsuit take?

  Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

• Do semi truck accidents go to trial?

  Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.