There are thousands of truck accidents happening every year, and these are much deadlier than any other car accident. Trucks statistically kill much more people than cars due to their size and weight. This is why they have different legal considerations than regular traffic accidents. If someone finds themselves in a legal situation involving a truck accident, the best thing to do is immediately find a Long Island truck accident lawyer and let them take care of the situation.
Moreover, truck accidents tend to result in unexpected damages and injuries that should be taken care of by an insurance company in the best-case scenario. However, this doesn't always happen, as insurance companies tend to worry about saving money instead of the victims' well-being. That's why dealing with a truck accident alone is so challenging, and a truck accident attorney at The Law Office of Carl Maltese can help make this situation a lot easier.
Why Do Truck Accidents Happen?
Commercial trucks tend to be seen everywhere around Long Island's streets, and most of them don't cause any trouble. However, accidents do happen, and even the most experienced drivers can end up causing them. Moreover, there are many dangerous conditions in which these trucks can be driven, which can increase the risk of an accident.
The most common risky situation is related to driver fatigue. When truck drivers spend too much time on the road, they start to get tired, making them fall asleep or not pay enough attention to the road. Moreover, they can also face terrible weather conditions that add to the risk of losing control of the truck.
Another problem that truck drivers face is driving at high speeds. Something that not many people know is that truck driving is a very demanding job, and drivers need to meet certain productivity standards, which is why they tend to drive at very high speeds to accomplish their targets. In addition, when trucks don't have the proper maintenance, they are more likely to get damaged on the road.
Truck accidents are also caused by substance abuse within drivers, which happens more often than most people think. Still, a Long Island truck accident lawyer with enough experience can handle all of these situations appropriately.
What to Do After a Truck Accident in Long Island
Dealing with a truck accident is quite complicated. Every moment can feel like a nightmare for all parties involved, from the instant it happens until the last settlement ends. That's why it is essential to know what to do in these situations to make things a lot easier for the victims and the truck accident attorney. The crucial steps that must be taken are the following.
Call 911 - The first step should always be to seek medical attention, so calling 911 is crucial for ensuring everyone's safety. Moreover, the case is going to need an official report and investigation, as this is the only way that officers can assess the scene and talk to all the parties involved.
Go to the Hospital - If there are any injury victims, they are going to be immediately taken to the hospital. However, if everyone seems okay, they should still get checked out as injuries usually don't appear right away. In addition, medical reports are going to be needed for the case.
Document All Possible Evidence. The Long Island truck accident lawyer is going to appreciate having all possible evidence already gathered, which is why it is important to photograph and take videos of everything, including the vehicles and people involved.
Call a Truck Accident Lawyer. This is the perfect moment to find a truck accident lawyer, as it is pretty common for insurance companies to try to confuse the victim so they don't have to pay as much money as they should. An attorney at The Law Office of Carl Maltese can handle the case and find the best possible deal for their client.
Report Everything to the DMV. If the accident caused more than $1,001 in damages, then a Motor Vehicle Accident Report must be filed and sent to the Department of Motor Vehicles.
Follow Medical Treatment. In order to make the healing process much faster, all indications given by the doctor must be followed. Moreover, victims who follow medical advice tend to have more robust cases and better settlements.
Document the Victim's Recovery. It is essential to document the victim's progress, as if there's any significant impact on their regular life, this could strengthen their case and help get a better settlement.
Don't Post on Social Media. This step is critical, as many people tend to go wild on social media and say all types of things about the accident. However, this can be used against them and may make them lose the case.
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How Truck Accident Lawyers Can Help
After making it this far, all the reasons why someone should find a lawyer for their long island truck accident must be pretty clear. However, it is important to always consider that even if the victim doesn't have any fault in the accident, the trucking companies and insurers are going to do everything on their hands to not provide complete compensation.
When a good and experienced truck accident lawyer from The Law Office of Carl Maltese appears, this becomes very unlikely to happen. Their lawyers are trained to be as assertive and aggressive as they need to be to settle on a reasonable amount for the compensation of their clients after truck accidents. Moreover, some of the tasks these lawyers are trained to do are the following.
Preparing the Case
Preparing a good and robust case is the centerpiece of any legal strategy, and several things must be considered before doing it. A good tactic that lawyers tend to use is to ask themselves tricky questions about the case and try to find any possible loophole before the other party does it first. All scenarios and consequences must be considered to settle a fair compensation for their client.
Negotiating with Insurance Companies
Insurance companies can be pretty challenging to deal with, as they tend to intimidate people into taking less money than they should. However, no one should let themselves be fooled by this, and a fantastic way to avoid it is by hiring The Law Office of Carl Maltese's experienced lawyers who can identify a bad deal when they see one. These companies don't want the case to end up in court, and attorneys aren't afraid of doing that, so they're more likely to get higher compensations.
Regularly Update Their Client on the Status of the Case
In some cases, the victim chooses to stay at the margin and let the lawyer handle everything. This shouldn't affect the development of the case, but the lawyer should provide constant reports of all the advancements being done and the information that their client should know about the decisions and general direction of the case.
Establish Liability for Each Responsible Party
Sometimes, establishing liability can be quite tricky, as attorneys must do thorough research to understand all the aspects of the case and determine what took place within the scene. Several liabilities can be pushed against each negligent party, such as violating their service schedule, overloading the cargo, driving recklessly or under the influence of substances, a lack of truck maintenance, and lack of proper training before being allowed to drive.
A case has nothing to stand on if no evidence backs it up. This is why everything should be documented from the very beginning. Pictures, videos, bills, and anything that can help the case must be presented to the court, even oral or written testimonies if needed. A good lawyer is supposed to help their client correctly file all of these documents to back up their case and help them win.
Taking the Case to Court
In a perfect scenario, the claim is settled before getting to court. However, that doesn't always happen, as the insurance company may be stubborn enough to deny compensation to the victim. Facing a legal process this big can quickly become a nightmare without the correct lawyer. Therefore, as long as the victim has a lawyer willing to represent them and win the case no matter what, they can rest peacefully knowing their case is in good hands.
Communicate with Their Client and Other Involved Parties
In these cases, it isn't recommended to talk with the other parties involved, such as the truck driver or the trucking company, as anything the victim says can be used against them. This is something that the lawyer must tell their client, as there shouldn't be any formal or informal communication between the two parties. Otherwise, the case could be dismissed.
Therefore, to communicate with them, both lawyers are going to set up official meetings and exchange all needed information. Then, they're going to give this information to their clients.
What Types of Damages Can A Truck Accident Lawyer Help Me Recover?
Truck accidents tend to have severe consequences, and they end up costing an incredibly high amount of money to everyone involved. Furthermore, truck accident victims may find themselves with extremely high medical bills and terrible injuries that prevent them from working, without mentioning the emotional stress they are going to go through because of the situation. This is why trucking companies must be responsible for the situation and fairly compensate the victims.
All immediate and future medical bills must be covered by the insurance company, including possible rehabilitation devices, such as wheelchairs, physical therapy, etc. Moreover, if a fatality occurs during the trucking accident, all funeral expenses and non-economic damages must be compensated to the victim's family.
When a victim's death occurs, it is always a tragic event for all their loved ones, and they may not be interested in pursuing legal action due to the overwhelming grief. However, there's no reason why families should deal with financial problems due to the trucking accident, which is why they should always pursue the claim and get the monetary compensation they deserve.
Moreover, the victim should also get compensated for the wages they cannot earn due to their truck accident injuries, as this may have made them lose any future possible financial gain or ability to work.
What Are the Common Types of Truck Accidents?
There is more than one type of truck accident, and they range in severity and type of damages that they cause. However, they are extremely dangerous and can cause terrible consequences for everyone involved. Moreover, truck accidents can be classified within the following list.
Rollover. Sometimes when the truck driver turns too fast, the cargo can shift around, causing the truck to incline and ultimately roll over, which is a terrible threat for any other car that may be on the road.
Jackknifing. This is a terrible situation that happens when the cab faces the opposite direction as the trailer, which causes it to lose control and makes it unable to move.
Tire Blowout. When a truck has an excess load, the accumulated weight can cause a tire blowout, resulting in the driver losing complete control of the vehicle.
Car Under Truck. This happens when a distracted driver doesn't notice a truck slowing down, so they end up crashing against it and sliding under the underside. Moreover, this is one of the worst accidents, as it is more than likely to cause death.
What to Look for When Choosing a Truck Accident Lawyer
Now that the importance of having a lawyer is settled, it is also crucial to know what traits to look for in one. Some of the characteristics that a good lawyer should have are the following.
One of the principal traits that a lawyer should have is many years of experience, as this is the only thing that's going to ensure they have enough knowledge to face a case like this and earn the best possible compensation for their client.
Moreover, those years of experience should also have countless won cases and testimonies of former clients who are more than happy to recommend their attorney to others. In the best of circumstances, the victim should be able to check out the previous lawsuits in which the lawyer has worked and decide if they're a good fit for the case.
Willingness to Go to Court
Sometimes the case isn't going to get settled outside of court, so the client must be very aware of how the lawyer reacts to that possibility. If they're reluctant to do it, the chances are that they prefer settling on an unfair amount to prevent going to court.
Finally, the client needs to trust their attorney, as they are the person who is holding their future on their hands. Finding a legal team with good rapport is going to make the dynamic a lot easier for everyone involved, and it may ease the stress that victims tend to go through.
A Long Island truck accident is a terrible experience to go through, but it is even worse to try to go through it alone. This is why the Law Office of Carl Maltese is more than ready to find the right Long Island truck accidents lawyer who can help bring justice to their clients.
Moreover, this legal group is filled with expert truck accident lawyers who have won several cases over the years and have helped thousands of people get fair compensation for all the damages they've gone through.
Negligence and Truck Accidents
One of the key elements for a truck accident claim is to demonstrate negligence from the party at fault, and this process isn't as simple as it may seem. The Long Island truck accident lawyer from The Law Office of Carl Maltese is going to have to gather plenty of evidence and perform thorough research in order to prove this. In some cases, experts are going to have to testify to solidify the claim and ensure that the opinions shared in court are entirely objective and accurate.
If there were any witnesses at the scene, they are also going to need to give their testimony. Moreover, depending on who is the responsible party, having other drivers could benefit the case. However, the list of people and required evidence is going to depend on each case, and a good team of truck accident lawyers is sure to gather everything they need to win the case.
Non-Economic Considerations and Damages
The emotional damage that truck accident victims go through should also be compensated. However, this is sometimes quite difficult to measure. This is when truck accident lawyers become useful, as they can easily assess the victim's situation and settle a fair amount that compensates for their emotional pain and suffering.
An assessment like this should be done all the time, especially if the victim has any visible scarring or disfigurement, if someone died, or if the victim had to go through economic hardship.
Wrongful Death Damages
Wrongful death is the worst-case scenario for truck crashes, and they should be treated with all the respect and professionalism they deserve. In these cases, the trucking companies should cover all funeral costs and possible medical bills, as well as non-economic damages and pecuniary loss that the family may suffer due to the death. All the case's specifics should be discussed with a lawyer in order to settle the claim and build a strong case.
Who Can Be Held Liable in a Truck Accident?
Establishing legal blame for a truck accident can be pretty tricky, but truck accident lawyers can help make this process easier. It is important to consider that most truck drivers are independent contractors. If this is the case, the truck driver is liable for the truck collision. However, if they are an employee, the trucking company is the one who should take care of the situation.
Nonetheless, there could be situations where the truck driver and the company are both liable for the truck accident. Moreover, the negligence could even be tied to the manufacturer, the mechanics, etc. This is going to depend on the case.
Why Are Truck Accident Claims so Complex?
Like any other car accident, because of the massive amount of money they involve. Moreover, truck drivers don't tend to admit their fault, as they could lose their jobs and vast amounts of money. In order to minimize these effects, people tend to fight until the very last moment.
How Long Does It Take to Solve a Truck Accident Case?
This question can be tricky to answer, but it can take anywhere between a couple of weeks to even years in most cases. However, the attorney should be able to estimate the time frame of the case once they've adequately studied it. This time range is going to depend on the complexity of the case and if the other party is willing to negotiate.
What Happens If More Than One Party is Responsible for the Truck Accident?
After finishing the investigation, the lawyer could determine that more than one party was responsible for the negligent truck driver and accident scene. If this is the case, the best thing to do is hold all parties accountable for the situation and pursue financial compensation.
How Much Does It Cost to Hire a Truck Accident Lawyer?
It depends. Usually, lawyers are paid by the hour, but the total amount is typically a percentage of the total compensation amount they manage to set during the case. This contingency-fee arrangement allows the victim to feel calm, as they know they're not going to end up in bankruptcy and understand the importance of fighting for proper compensation.
Truck Accident Statistics
Truck accidents are a serious matter, and anyone can quickly realize how bad they are by checking on some of their statistics. There are more than 4,400 trucking companies in this city, and many people from the whole country go in and out through its main highways every day, which increases the risk of deadly accidents.
Only in 2019, there were more than 1,300 truck crashes in the city; nine of them caused people to die, 280 created injuries, and 1000 caused property damage. Most of these accidents were sideswipes and rear-ends, which are also the most deadly types of truck accidents.