Queens Truck Accident Lawyer
As the largest borough in New York City, and one where new development projects are rapidly increasing, large trucks are a common sight. And while large trucks are necessary for everything from bringing food into the borough to providing construction materials for development, large trucks add to the congestion of a city that already suffers from high levels of traffic. And while most truck drivers may be responsible and safe, dangerous conditions and behaviors sometimes lead to serious truck accidents.
If you or a loved one has been involved in a truck accident in Queens, our Queens truck accident lawyers at the office of Sullivan & Galleshaw LLP want to talk with you. Please call our law firm today for support from qualified attorneys who will advocate for your right to your full compensation amount after a truck accident.
Damages from a Queens Truck Accident
In a matter of seconds, a truck accident can change your life. If you’ve been in a truck accident, you may have suffered from the following:
- High medical bills. Because of the large size and weight of commercial trucks, the amount of force that is involved in a truck accident compared to an accident involving standard motor vehicles is much greater (assuming both accidents happen at the same speed). As such, the injuries that are suffered by the victim of a truck crash could be severe, resulting in disability and life-changing harm. Treatment for these injuries will likely be expensive and intensive, requiring a long hospital stay, critical care, surgeries, medications, rehabilitation, and more.
- Lost wages. The trauma of a truck accident alone can make it challenging for a person to return to work immediately after a crash, if not impossible. When combined with physically disabling or/and life-threatening injuries, returning to work within days, weeks, months, or even years of the accident may prove impossible. This will lead to lost wages, lost earning capacity, and lost benefits.
- Property damage. As stated above, the force involved in a truck accident is often much more than the force involved in a standard passenger vehicle crash, which means damages to vehicles are increased. A smaller car involved in a truck accident may be completely totaled, leading to high property damage costs.
- Pain, suffering, and other intangible injuries. The types of losses that a person suffers when they are involved in a truck accident aren’t always quantifiable. In addition to lost wages, medical expenses, and property damage costs, you may also be dealing with high levels of physical pain and suffering, emotional distress, a diminished quality of life, and other noneconomic losses.
When you choose the law office of Sullivan & Galleshaw LLP, we will work hard to protect your rights and get you the level of compensation that you need and deserve.
Liability for a Truck Accident
In addition to the high value of damages you have suffered and the importance of recovering compensation in full for those losses, another reason to work with a truck accident attorney after a Queens collision is because liability for a truck accident may be complicated. In a truck accident, there are numerous potentially liable parties, including:
- The truck driver, who may be held liable for an act of negligence that leads to the crash, such as intoxicated driving;
- The trucking company, which could be held liable based on their own negligence (such as failing to properly maintain or service trucks) or the liability of a truck driver under the theory of vicarious liability;
- A shipper or loader of cargo if the truck accident was the result of a cargo defect/shift in cargo;
- The truck manufacturer/truck part manufacturer if a vehicle defect, such as a tire blowout, caused the crash; or
- Another third party, such as a third-party driver or the party responsible for road maintenance.
When you hire our law firm, you can count on us to dedicate the necessary time and resources to your case to open a full investigation and get to the bottom of fault and liability. From there, we will build your claim and aggressively fight for your right to your full settlement amount.
FAQ Queens Truck Accident Lawyer
Knowing where to turn after a serious or deadly truck accident in Queens is not always clear, and it can be difficult for people who are injured in trucking collisions to understand what steps they need to take to seek financial compensation for their injuries. The following are some of the frequently asked questions (FAQs) our Queens truck accident lawyers receive, with answers that can help you as you plan to file a claim for compensation.
Should I File an Insurance Claim or a Lawsuit After a Truck Accident in Queens?
If you were injured in a truck accident while an occupant of a motor vehicle, New York’s no-fault law may require you to file an insurance claim first. However, given that many truck accident lawsuits result in very serious injuries, even if you must start with a personal injury protection (PIP) claim, you will likely meet the “serious injury threshold” required to file a lawsuit.
Can I Sue More Than One Party for Truck Accident Injuries?
You may be able to file a truck accident lawsuit against more than one party, depending upon the circumstances of your case. You should have an attorney evaluate your claim to determine whether more than one party may be responsible for your serious injuries.
What is the Statute of Limitations for a Truck Accident Lawsuit in Queens?
Under New York’s personal injury statute of limitations, most trucking accident lawsuits in Queens will need to be filed within three years from the date of the truck collision.
Am I Allowed to Recover Damages If I Was Also Negligent?
Yes, as long as you were not 100 percent at fault for the truck accident. To be clear, New York follows what is often known as a “pure comparative fault rule,” which means that an injured plaintiff is allowed to recover damages even if the defendant in a truck accident case can prove that the plaintiff was also negligent. As the statute in New York explains the effect of contributory negligence, in these kinds of cases where the defendant does prove the plaintiff was also negligent, the plaintiff’s recovery will be diminished by their proportion of fault.
To be clear, your negligence in a truck accident will not bar your recovery. However, the court will reduce your total payout by the percentage that the court determines you were negligent or at fault.
How Do I Know If I Have a Strong Truck Accident Claim?
Since every truck accident case comes with its own set of facts, determining whether you have a strong case will usually require that you have a lawyer evaluate the particular circumstances of your accident and injuries. Generally speaking, however, if you have evidence to prove that another party was at fault for the collision due to negligence, or you can show that a defective vehicle part caused the accident, you may have a strong claim for seeking financial compensation.
Can I File a Truck Accident Claim for a Family Member Who Suffered Fatal Injuries in a Collision?
The type of claim you are referring to is called a “wrongful death” claim, and it may be possible for a wrongful death lawsuit to be filed after a truck collision in which a loved one was killed. However, it is essential to know that the personal representative of the deceased person’s estate must be the party who files the wrongful death lawsuit. The personal representative can seek damages on behalf of the surviving family members, so even if you are not the personal representative or executor, it may still be possible to obtain damages after a devastating fatal trucking collision.
Call Our Queens Truck Accident Attorneys Today
There are few things that can change your life more quickly than being involved in a truck accident. At the office of Sullivan & Galleshaw LLP, we know how significantly your future has been impacted and many rides on recovering a settlement that justly compensates you for harm. Our lawyers have the experience, skillset, and reputation you can trust. If you or a loved one has been harmed, please call our Queens truck accident lawyers today at 718-843-0300 for a free, no-obligation consultation and the legal advice you can trust.
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