Just like any other driver on the road, it is the responsibility of all truck drivers to show a duty of care towards other drivers by following the correct protocol and rules of the road. The results of any truck accident that occurs can be devastating, and the victims of truck accidents often suffer significant injuries that not only take time to recover from but also bring about expensive medical bills. What's worse is that some even pass away as a result of their injuries.
Anyone who has fallen victim to a truck accident or has had a loved one fall victim to one anywhere in the Suffolk County area should be aware of what a truck accident lawyer at Carl Maltese Law Firm can do for them. An experienced truck accident lawyer is able to help their clients file claims or lawsuits against the liable party or parties involved in the truck accident. They are able to help their clients seek damages so that they can pay for their medical bills and be compensated for their pain and suffering caused by the negligence of somebody else.
The truck accident lawyers at Carl Maltese Law Firm will review all of their client's available options during a no-obligation, free initial consultation. Truck accident victims can give these professionals a call today at (631) 857-3703 to book their free consultation.
Recovering Damages for a Truck Accident in Suffolk County, Long Island
A Suffolk County truck accident lawyer will have a look at several different areas before determining exactly what compensation their clients should seek. Various factors affect a victim's financial recovery, namely:
The injuries suffered
The severity of the injuries, and
Who is liable for the truck accident
Even more so, a truck accident attorney at Carl Maltese can also seek recovery for both monetary and non-monetary damages suffered by their clients.
Economic damages are documented with receipts, records, invoices, and other documents alike, such as:
Medical expenses
Lost wages and benefits
Other truck accident-related expenses
On the other hand, these truck accident lawyers can also help determine the non-economic damages that have been suffered by their truck accident victims, for example:
Mental anguish
Pain and suffering
Loss of enjoyment of life
Scarring and disfigurement
Loss of quality of life, or
Loss of companionship
The lawyers at this truck accident law firm will have a look at all the damages related to a trucking accident victim's case and will determine exactly what damages they are able to pursue. They are also able to come up with a case value by evaluating the evidence and building the strongest case possible for their client.
Overall, the different forms of evidence that may be reviewed are:
The medical records
Official police report
Photos or videos of the accident scene
A photo or video of the injuries sustained from the truck accident
Witness testimonies
Surveillance videos
Cell phone records to determine if the truck driver was using their phone at the time the accident took place
Expert witness evaluations
Damages for Wrongful Death
The truck accident lawyers at Carl Maltese Law Firm understand what it's like for a family member to lose their loved one to a truck accident. This is why they are wholly devoted to helping these grieving families seek damages to cover their loved one's funeral expenses and final medical bills. They are also able to help a client seek damages for wrongful death which include pecuniary loss. The specifics of what damages can be recovered from a wrongful death case can be discussed during the free consultation; this is also where these attorneys are able to answer any questions a client may have regarding their claim.
Overall, the sooner truck accident victims are able to get into contact with a truck accident attorney at Carl Maltese Law Firm in Suffolk County, the quicker they are able to get to work on a truck accident claim.
Facing the Costs Arising from a Serious Injury Sustained in a Truck Accident
When truck accidents happen in the Suffolk County area, they often cause serious injuries to a person's head, back, and neck; not to mention the burns, amputations, and fatalities that also arise as a result of truck accidents. A serious injury not only takes time to heal but may also require extensive medical treatment.
Who Can Weigh in on Truck Accident Cases - Consulting with an Expert Witness
To receive the compensation that victims of truck accidents deserve, it is necessary for them to provide accurate and detailed projections of their medical care costs. Determining an accurate value for a personal injury claim is crucial, which is why a truck accident lawyer at Carl Maltese will consult with medical experts, life care planners, and economists so that they can determine the recovery amounts of any medical costs, pain, and suffering, as well as the lost earnings.
By working with established medical records, experts are able to provide estimates that are recognized by medical professionals and supported by medical data analysis.
How an Experienced Lawyer at Carl Maltese Will Investigate Truck Accidents
A common question among victims of a truck accident is - Who is at fault in the accident? Determining liability is vital when it comes to truck accidents because it will determine who is responsible for paying the damages caused.
However, establishing liability is not as simple as it sounds, and often the liability in a trucking accident can get complicated very quickly and for various reasons. In these kinds of accidents, both state and federal regulations may apply, and multiple parties can be at-fault for one accident.
Thankfully, an accomplished attorney at Carl Maltese serving Suffolk County, Long Island, will take a look at the actions of both the truck driver and the parent company when investigating truck accidents. There are federal and state laws that govern the trucking industry, which requires trucking companies and their drivers to maintain certain kinds of records.
Seeking Evidence from Trucking Companies
Trucking companies will often teach their drivers methods that can deflect blame and deny responsibility for trucking accidents. Luckily, there are certain physical documents and facts that make it difficult for a truck driver to cover up safety violations and acts of negligence.
An attorney will have the legal access and will fight to obtain copies of a truck driver:
Logbook
Driving record
Training history, and
Results from alcohol and drug tests, as well as highway patrol
An experienced Long Island truck accident lawyer may also be able to uncover any violations and hold the trucking companies and their drivers liable for a fatality or injury caused as a result of their negligence.
They will do this by sending a spoliation letter to the trucking company, which will demand them to preserve evidence that may possibly give more insight into who is responsible for the large truck accident. This evidence will include the aforementioned items, as well as any:
Truck maintenance records
Dashcam video
Driver's employment history, and
Data from the onboard computer of the truck
The lawyers at Carl Maltese will evaluate numerous factors when they investigate a truck accident. They may also perform an investigation at the scene of an accident for critical evidence like the length of the skid marks made by the truck. They can also review the brake pads of the truck and many other components.
Time Limitations to File Legal Action
Generally, victims have three years to file a claim for their trucking accidents. However, there may be exceptions that may shorten the deadline to file a lawsuit, especially if the victim is suing a municipality.
This is why it is necessary to meet with a lawyer today so that exceptions that may affect a victim's case can be discussed. Time is of the essence, and missing a statute of limitations that applies to personal injury lawsuits will be precluded when bringing a claim for damages.
Why Do Truck Accidents Happen?
The trucking industry is under a lot of financial pressure to deliver goods at a cheap rate and faster than before. Thus, trucking companies in Suffolk County, Long Island, may cut corners:
Truck drivers are driving long hours
Trucks are not properly maintained
Freight may be improperly loaded
Mismanagement of truck driver training and screening
Common Causes of Truck Accidents
Truck accidents can occur for the following reasons:
Driving under the influence
Driver fatigue
Excessive speeding
Taking wide turns
Trucks pulling off improperly onto the shoulders
Load shift
Tire blowouts
Distracted driving
Defects in vehicle and truck parts
Common Types of Truck Accidents
While every accident is different, each can result in severe injuries and even death. There are different kinds of truck accidents that may occur for many reasons, from inattentive driving to the weather.
Rollover
A truck rolling over may pose a serious threat to both the driver and surrounding vehicles. This may happen when cargo is shifted, on an incline, or the truck takes a turn too fast.
Jackknifing
This happens when the trailer attached loses control, causing a jackknife. Jackknifing happens when the trailer and the cab are facing opposite directions, making the cab unable to move.
Car Under Truck
This occurs when the driver of a car behind a truck does not notice the truck stopping or slowing down. When this happens, they may slide under the underside, which may end in severe injuries, including the total loss of the vehicle and death.
Difference Between a Trucking Accident and a Car Accident
The main difference between car accidents and trucking accidents is the severity of the outcome. Collisions with a truck are often much more deadly and result in more severe injuries. However, that is not to say that a car accident cannot be just as dangerous.
Other Suffolk County Practice Areas
How the Lawyers at Carl Maltese Can Help?
The lawyers at Carl Maltese understand the trucking industry and the laws that regulate the industry. Thus, they know exactly how to investigate an accident and the truck companies. They will file an accident claim, negotiate with insurance and truck companies, and take a case to trial if necessary. Clients wanting to achieve favorable outcomes will need the skills and experience of these effective lawyers.
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