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Have you been injured in a truck accident in New York City, NY? You may be entitled to compensation for your medical bills, pain and suffering, and other damages. However, you can’t count on the trucking company or their insurance provider to treat you fairly and offer the money you deserve.
At the Law Offices of Jay S. Knispel, LLC, we’ve represented accident victims throughout New York since 2007. Contact our law firm today to schedule a free consultation with a New York truck accident lawyer who will fight for the best possible outcome in your case.
A truck accident is devastating enough, but you can be left feeling hopeless and angry when the insurance company claims you were not as seriously hurt as you claim or blames you for the crash. A New York personal injury attorney serves as your legal advocate to protect your rights, fight back against the insurance company, and seek maximum damages for the harm you suffered.
The Law Offices of Jay S. Knispel, LLC is a full-service personal injury law firm that has represented clients in New York, New York for years. Founding attorney Jay S. Knispel has recovered some of the Top New York Verdicts and successfully litigated multi-million dollar injury cases involving motor vehicle crashes.
He is a Top 100 Trial Lawyer with 25+ years of experience you can count on to:
Jay S. Knispel will go up against the insurance company and their lawyers to fight for you. Contact our law firm today for a free case review with a New York City truck accident lawyer who is on your side.
You definitely notice when you are driving next to tractor-trailers, semi-trucks, big rigs, and other commercial trucks on the highway. While their presence is hard to ignore, large trucks are only 4% of the vehicles on America’s highways.
When a truck is involved in a crash, the accident is far more likely to be fatal. 13% of traffic fatalities in the United States involve truck accidents. When a fatal accident occurs involving a truck and a car, 96% of the fatalities involve the car occupants, according to the Federal Motor Carrier Safety Administration (FMCSA).
These accidents also cause a higher rate of serious injuries. This is because commercial trucks are heavier, have high ground clearance, and need up to 40% more road to stop than a passenger car. When a car and truck crash, the occupants of the car are far more likely to suffer injury.
New York is one of the top 10 states for fatal truck accidents. In 2017, there were 121 fatalities in large truck crashes in the state. Texas leads the nation, however, with more than 5x as many truck accident fatalities as New York.
All accident claims are unique. There is no way to easily calculate the value of your personal injury case as it depends on many factors, particularly when it comes to non-economic damages.
It’s hard to put a dollar value on damages like pain and suffering, but they tend to account for the bulk of a claim’s value that involves serious injury or disability.
Your non-economic damages will depend on the severity of your injuries, the treatment you received, whether you were disfigured or disabled, and your accident circumstances.
During your free consultation at The Law Offices of Jay S. Knispel, LLC, we will help you understand what your New York City truck accident case may be worth.
There are two types of damages you may recover in a truck injury claim: economic and non-economic damages. Economic damages have an intrinsic financial value whereas non-economic damages are more challenging to define in terms of dollars and cents.
You may be entitled to:
Because New York is a no-fault insurance state, you must first turn to your own insurance policy to pay for your damages, regardless of fault. However, you can pursue the at-fault party for damages that are not covered if you meet the “serious injury” threshold.
This means you have experienced significant or permanent limitation, a fracture, serious disfigurement, or full disability.
New York is one of a handful of states that follows a pure comparative negligence rule in cases involving shared fault. Under NY CPLR Section 1411, you can still recover damages in a personal injury case even if you are 99% at fault.
However, if you are found at all at fault, your recovery will be reduced by your share of fault.
For example, if you are found 90% at fault for an accident that caused you $25,000 in damages, your recovery would be reduced by $22,500 (90%). The other at-fault party would only be responsible for $2,500 – their share of fault.
It’s common for insurance companies to attempt to shift as much blame to you as possible after a serious truck accident. For every bit of liability they shift to you, they reduce the amount they need to payout. This is why it’s crucial to seek legal advice from an experienced New York City injury lawyer to defend you against attempts to shift blame.
Truck accidents are often serious and leave accident victims with life-changing injuries.
The Law Offices of Jay S. Knispel, LLC will fight for the fair compensation you deserve for injuries such as:
We understand that a truck accident can leave you with invisible injuries as well, including post-traumatic stress, depression, and reduced quality of life. Our aggressive New York City truck accident attorney will fight for the full value of your claim.
Truck accidents, like car accidents, may have many underlying causes. However, most accidents involving large trucks are caused by negligence. Sometimes this negligence occurs just seconds before the accident, such as a dangerous lane change, but it can also occur days or even months before. This may be true when factors like driver training and truck maintenance are involved.
The Large Truck Crash Causation Study was the first national study to examine the reasons and factors that contribute to serious commercial truck accidents. The results were used to help Department of Transportation agencies implement strategies to improve road safety.
The study found three critical events were involved in most truck accidents. These actions or events make an accident unavoidable.
A number of critical reasons, or the failure that led to the critical event, were found to cause most truck accidents. Among these reasons, the driver was negligent 87% of the time. The critical reason was the vehicle in 10% of crashes and the environment was to blame in 3% of accidents.
According to the study, the most common causes of New York truck accidents include:
Driver fatigue or falling asleep at the wheel. The FMCSA has clear hours-of-service regulations stating how long a truck driver may be on the road. However, this is still a long time on the road. Sometimes truck drivers and/or their trucking company fail to abide by these rules.
The Law Offices of Jay S. Knispel, LLC will carefully investigate your accident to determine how it happened and who is responsible for the injuries you have suffered.
Serious truck accidents usually require a lengthy and in-depth investigation to determine the cause and who was at fault.
An experienced New York City truck accident injury lawyer will determine if one or more of the following parties contributed to your accident:
Our New York City injury law firm will gather evidence to prove negligence. This may include:
We may work with an accident reconstruction expert and other specialists to create expert testimony and reports to establish liability in your truck accident case.
In most cases, you have just three years to file a lawsuit for damages when you are injured in a motor vehicle accident. This New York statute of limitations is strict. If you do not file a claim before the deadline expires, you lose your legal right to pursue compensation through the courts.
If a loved one has been killed in a fatal truck accident, the statute of limitations for a wrongful death claim is just two years.
The statute of limitations begins from the date of your accident. Do not delay consulting with a skilled injury lawyer and pursuing your claim or your claim can be weakened and evidence may be lost.
Have you suffered serious injuries in a truck accident in New York? The Law Offices of Jay S. Knispel, LLC is here to fight for you and the full compensation you deserve.
Do not let the insurance company try to minimize your claim or blame you for your injuries. Contact our law office today to schedule a free consultation with a New York City truck accident lawyer with more than 25 years of litigation experience.