Best Truck Accident Lawyers in Brooklyn

FAQs

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

  Call 311 to reach the New York Police Department (NYPD) for non-emergency concerns in Brooklyn, NY.

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

  You may request a copy of the accident report you need at the Brooklyn precinct where the collision occurred within the first 30 days from when the report was filed. Alternatively, you can request a collision report online through the New York City Police Department’s Collision Report Retrieval Portal: https://collisionreport.nypdonline.org/.

• How much time does a truck accident victim in Brooklyn, NY have to file a lawsuit?

  Brooklyn and the rest of New York State have a statute of limitations of three years for personal injury, which includes truck accident suits. Meanwhile, wrongful death claims have a shorter time window of two years. Failure to file your lawsuit before the deadline expires could mean losing entitlement to any form of compensation from the at-fault party.

• Is it possible to seek punitive damages after a truck accident in Brooklyn, NY?

  Yes, you may seek punitive damages following a truck accident in Brooklyn if you sustained catastrophic injuries or your loved one passed away due to the accident. Punitive damages are awarded by courts to punish the defendant for actions that go beyond and above negligence because of a grossly malicious act.

• What can you do after a truck accident in Brooklyn, NY, to help your legal team prove negligence?

  Gather and preserve as much evidence as you can on the scene of the accident in Brooklyn if you are physically and mentally capable to do so right after the incident. These pieces of evidence can come in the form of witness statements and contact information, as well as photos you took of the accident scene, including the damaged vehicles, weather and road conditions, the immediate surroundings, and your own injuries.

• If a truck being operated by an intoxicated driver in Brooklyn, NY, crashes with your car, who will be held responsible?

  If an intoxicated truck driver causes your crash in Brooklyn, NY, both the driver and their employer can be held legally responsible for any physical and emotional injuries that you or a loved one sustained in the accident. While the driver committed the negligent act, the company is also, at least, partially responsible because they chose to hire the at-fault driver. Sometimes, trucking companies don’t conduct thorough screening and training before allowing someone to drive for them, so this is something that your legal team can look into as well.

• Can you recover damages if you are partly at fault for a truck accident in Brooklyn, NY?

  As Brooklyn follows New York’s pure comparative negligence rule in crashes, which includes truck accidents, you will still be able to receive compensation even if you are partly responsible for the accident. The comparative negligence system allows you to recover damages no matter the percentage of blame you get for the crash, but your recovery will be proportional to your share of fault that the jury assigns to you. For instance, if you are found to be 90% at fault for the accident, your compensation will also be deducted by 90%.

• 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.