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Bensonhurst is a residential neighborhood in the southwestern section of the New York City borough of Brooklyn, with zip codes of 11204, 11214.
Brooklyn Truck Accident Lawyer
Do not let a truck accident compromise your future. Get in touch with a Brooklyn truck accident attorney to get the compensation you need to recover. Being in a truck accident is a harrowing experience that can be made even worse by dealing with the subsequent financial and legal fallout. Do not assume the at-fault party will admit fault and offer to help you. In fact, the person who caused your truck crash is likely to try to blame you for the accident.
Hiring a Brooklyn truck accident lawyer will ensure that your legal rights are protected while you concentrate on obtaining the medical attention that you need and getting better. Without a lawyer on your side, the insurance company and the other party's attorneys could take advantage of you.
Who Was at Fault for the Accident?
In order to obtain compensation for the injuries you sustained in the accident, it will need to be shown that your injuries were caused by the at-fault trucker. If the truck accident wasn't your fault, it may seem obvious that the other driver was at fault. And while that is often true, it is not always the case.
Truck accidents can be more complicated than the average auto accident simply because there may be multiple players involved. There may be the truck driver, the trucker's employer and the cab and the trailer may be insured by different carriers. There may also be contracts in place between any of these players that may shift liability from one party to another. For example, if the truck driver was working as an employee for a company hired to move goods for a grocery store, the grocery store may have liability according to the contract in place. If not, the company that hired the driver could be liable. However, if the driver was an independent contractor, he or she might maintain legal liability.
Your Brooklyn truck accident attorney can conduct depositions and ask parties questions under oath to determine how the relationship works and who is legally liable.
What Caused the Brooklyn Truck Accident Can Determine Liability
If you can determine what caused the trucking collision in the first place, it will be easier to figure out who is liable for your losses. You need to determine liability so that you can file your personal injury claim against that party's insurance company. A lot of different elements could come together to cause a collision.
Listed below are some of the most common known causes of trucking accidents, as well as who could be liable in each circumstance.
Improperly Loaded Truck
When a truck is loaded, it takes someone experienced in loading and securing heavy objects to ensure that other drivers on the road are not put in danger. Furthermore, if the loads are not properly distributed then they can be caused to shift about the trailer when the truck is over the road and this can cause the tractor trailer to jackknife or flip over onto its side.
Road Conditions That Can Cause Truck Accidents
The government is responsible for maintaining safe roadways for the public—that's one of the services our taxes go to. If the government fails to make the roads safe for drivers and you're injured because of a roadway hazard, you may have a viable cause of action against the state or other municipality or governmental agency responsible for the maintenance of the roadways.
Drowsy Truck Driving
Driving is known to make people feel drowsy, and that is why there are strict rules regarding how long a trucker is allowed to drive. If the trucker does not follow those rules, the trucker and the trucking company can be held legally responsible for any injuries sustained as a result.
Faulty Truck Parts and Your Accident
Sometimes it is not someone who caused the accident, but rather something. For instance, if a trucker's brakes went out, leading to the collision, you would not blame the trucker for that. If the trucking company failed to get the brakes serviced, or the manufacturer created faulty brakes, they could be liable.
Drunk Truck Driving That Ends with an Injury
Drunk driving is one of those instances where the trucker would be 100 percent to blame for the accident. In some cases, you may be able to hold a trucking company liable also if the company failed to do background checks or knew that the trucker was driving intoxicated and let it continue unchecked.
Poor Semi-Truck Service Work That Leads to an Accident
On occasion, an accident can be caused by poor mechanical work. For instance, let's say the trucker had just had the tires replaced. A tire blows out because it wasn't properly inflated, causing your accident. That situation would mean the mechanic or repair shop could be liable.
Negligence Must Be Proven
Aside from determining whose fault your crash was, your attorney must also gather evidence to prove the negligence of another party. Bare-boned allegations of fault are not enough to warrant compensation for your injuries, so you will need things like accident reports, photographs, and witness testimony are used to confirm your version of events.
Allow Yourself to Properly Recover
Following a truck accident, most victims take time to recover. This may include ongoing medical care and physical therapy. That means your medical bills continue to rise, and so do losses associated with things like transportation to these appointments and lost wages from taking time off work.
However, some people are in a rush to get back to work for may reasons. One, sitting around all day gets boring and heading out to work on a daily basis gives one meaning and also provides for social interaction. Weeks or months lying around after an accident is taxing. Further, people often need to get back to work for financial reasons. But the problem is that if your doctor advises against your return to work and you exacerbate your injury, then the insurance company for the at fault party will blame YOU for making your condition worse!
When negotiating a settlement with the insurer for the truck driver or trucking company, your attorney will likely ask for the following compensation:
- Current and future medical bills, including therapy and rehab
- All past, current and future lost wages
- Transportation costs
- Funds to retrofit a home or car to accommodate an injury
- Caregiver expenses
- Pain and suffering, past, present and future
The other party may choose to pay the requested amount, negotiate, or fight you in court.
If you have been injured after being struck by a truck in Bensonhurst Brooklyn you should retain a personal injury lawyer to represent your legal interests. Contact us now at 212-240-9465 to get the wheels of justice spinning for you!