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Elmhurst is a neighborhood in the borough of Queens in NYC. It is bounded by Roosevelt Avenue on the north; the Long Island Expressway on the south; Junction Boulevard on the east; and the New York Connecting Railroad on the west. The zip code is 11373.
Experiencing the aftermath of a truck accident can be devastating, leaving victims and their families with physical injury or even death. In such cases, you'll need to retain an attorney who has extensive experience dealing with these intricate legal issues in order to get the compensation you deserve.
If you or a loved one has been injured in a truck accident, the Law Firm of Michael J. Redenburg, Esq. PC is here to help. Contact us today for your free consultation with our experienced Queens truck accident lawyers as soon as possible to discuss your legal options.
Why is it Important to Hire Experienced Queens Truck Accident Attorneys?
If you or someone you love has been in a truck accident, it is wise to seek the help of an Elmhurst truck accident lawyer. They have the knowledge to fight the big insurance providers on your behalf and work to get compensation for losses and/or injuries.
Our firm can help you file a lawsuit to recover money for lost wages due to not being able to perform your usual work. If you still cannot work by the time your case is resolved or goes to trial, you may also be entitled to future lost wages.
You can be compensated for emotional damages resulting from the accident. Emotional damage can include pain and suffering, distress, and loss of companionship. Because there is no limit on amounts for non-economic damages in NY, a jury can decide the amount you should receive. Our goal is to help you get a favorable settlement or jury award for your injuries. Our truck wreck attorneys can:
- Assist you to get appropriate compensation from the insurance company
- Investigate your case by gathering evidence
- Guide you throughout all legal proceedings
- Help you recover non-monetary damages
A large percentage of accidents can be avoided if not for the negligence of drivers, whether it be speeding or driving recklessly in other ways. However, it is still extremely difficult for someone to prove fault and navigate the legal system without the help of a skilled attorney.
What are Causes of Truck Accidents in Elmhurst Queens?
One of the most common reasons for truck accidents is driver negligence. According to studies conducted by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers' mistakes cause more truck accidents than any other factor.
Truck drivers must understand their responsibility to abide by all driving rules and regulations that apply to them. Considering the size and speed of tractor trailers, it's no surprise how dangerous truck collisions can be for other motorists and passengers on the road. Truck drivers must uphold their duty of care and drive carefully to prevent deadly accidents from occurring.
Some of the most common reasons for truck accidents include:
- Driving while tired or violating the hours of service as specified by the FMCSA
- Driving under the influence of drugs or alcohol
- Driving with certain medical conditions, such as epilepsy or heart problems
- Distracted driving, such as texting while operating a tractor trailer
- Improper maintenance or failure to perform safety checks
Truck crashes can also occur due to speeding, following other vehicles too closely, and improper passing. Likewise, taking turns hastily, ignoring blind spots, driving commercial trucks without proper training, and violating traffic laws or FMCSA regulations can also result in serious accidents.
What are the Common Injuries Sustained by Truck Accident Victims?
Truck accidents are extremely traumatic and sometimes deadly. Some of the most common injuries during a truck collision are:
- Loss of limbs;
- Brain injuries;
- Spinal cord injuries;
- Wrongful Death.
If you or a loved one has been injured in a truck accident, you should contact an experienced Queens truck accident attorney right away to assist you with filing a claim. In NY, the victim of a truck accident must file a cause of action within three (3) years after the accident occurred.
How Much Does It Cost for a Queens Truck Accident Lawyer to Represent Me?
The answer will vary depending on the lawyer. Some lawyers may charge hourly, while others might charge flat fees.
Most of the time though, truck accident lawyers use a contingency fee structure. With this type, you only need to pay if and when you get financial compensation. This fee structure reduces unnecessary stress and burden on the injured victim.
Most lawyers work on what's known as a “contingency” basis. This entails the following:
- There is no upfront cost to hire an experienced lawyer.
- You do not pay any fee unless you win compensation.
- If they win you compensation, their fee is a percentage of your settlement or award.
Our truck accident attorneys work to pursue compensation for injured victims. We have extensive experience handling cases involving semi-trucks, big rigs, 18-wheelers, tractor-trailers, and more.
Negligent Parties Who Can Be Held Liable for a Truck Accident
Truck drivers and trucking companies should be held liable for the injuries and damages they cause due to negligence. That said, establishing the fault of the truck driver or business can be very challenging. Some parties that may be held liable in a truck collision include:
- Truck Driver: Distracted driving by a truck driver can lead to a crash. In this case, the driver would be the one held responsible for the damages.
- Trucking Company: It is possible that the trucking company is held responsible for the negligent actions of the truck driver. For example, the company would be liable if they hired an inexperienced driver or failed to perform regular truck inspections.
- Loading Companies: The cargo loading company would be the one held liable for the accident if they overloaded the truck or failed to load it properly.
The manufacturer of the truck could be held responsible; for example, if one of the parts was defective from the start. In other cases, the mechanic who was working along with the company could be held liable for a fatal mechanical mistake.
Steps to Take After a Truck Crash
- Step 1: Hire a competent accident attorney
The first step to improving your chances of adequate compensation after a truck accident is taking advice from a truck accident lawyer. By retaining a seasoned attorney, you can focus on your recovery rather than worrying about the details of your claim.
Step 2: Follow your physician's recommendations
The second step to improve your chances of receiving appropriate compensation is following your doctor's orders to the letter. Many personal injury victims have legitimate reasons not to seek medical treatment, but juries rarely accept them. Failure to follow through on recommended treatment can be detrimental to your case.
Avoiding necessary treatment can harm your case and reduce the amount of money to which you may be entitled. Finding an experienced medical professional to treat you can both hasten your recovery and benefit your legal case.
- Step 3: Keep track of lost wages and other expenses
It's important to document all of your lost wages and other out-of-pocket expenses. Preferably, you should write them down in a notebook or in an app on your smartphone. Keep this information somewhere safe and secluded.
- Step 4: Stay off social media
Finally, while you are recovering, stay away from social media. Recent New York cases have allowed defense legal professionals to view and use Facebook and other social media posts, which can be easily twisted to suggest that you were not injured as badly as you claim.
How Can Winter Weather Conditions Make Roads Dangerous?
Winter weather conditions often come with snow, ice, and sleet or hail. This makes the road slippery, greatly increasing the potential for an accident. Some of the truck accidents that can be caused or worsened due to weather conditions include:
- Rollover accidents
- Head-on collisions
- Override accidents
- Rear-end collisions
- Broadside collisions
- Underride accidents
- Jackknife accidents
- T-bone crashes
- Side-sweep collisions
- Wide-turn accidents
It can be a complicated process to determine whose negligence caused the accident. An experienced Elmhurst Queens Truck Accident Lawyer can guide you throughout the entire case, as they are aware of the state laws that apply.
What is a Jackknife Accident?
Semi-trucks are known as articulated vehicles. Articulated vehicles have a pivot joint that connects the cab to the trailer and allows for sharp turning angles. While the pivot joints greatly improve maneuverability, they also put the vehicle at risk of jackknifing.
Some of the reasons why jackknife collisions happen are:
- Improper braking
- High winds
- Improper loading
- Driver error
- Mechanical failure
Jackknife crashes can happen in these vehicles when the trailer skids and creates an acute angle with the cab, causing the semi to lose control. Due to the immense size and weight of these vehicles, jackknife accidents are incredibly dangerous.
How Long Does An 18-wheeler Lawsuit Take?
Without knowing what caused the crash, it can be difficult to determine how long an 18-wheeler settlement will take. The cases will often take longer if liability is disputed.
Truck accident cases that don't involve serious injury or wrongful death could be settled as soon as six months after the victim completes their medical care. For a case to be resolved this quickly, it must also be very clear who the liable party was in the accident. However, truck accidents involving serious injuries or fatalities almost always take longer to resolve.
Clients can expect a general guideline of one to two years for a case to resolve, but it will largely depend on your NYC truck accident lawyer, courts, and facts surrounding the collision. The higher the stakes, the longer the case usually takes.
Queens Truck Accident Frequently Asked Questions
Can you get compensated if your spouse dies in a truck accident?
The short answer is yes. In truck accident claims, the personal representative of the deceased's estate may file a lawsuit against the at-fault party and get a variety of forms of compensation, including wrongful death damages. The personal representative could be the surviving spouse, child, or even sometimes parents of the deceased victim in some states.
The personal representatives should file the wrongful death lawsuit within the statute of limitations set by their state. The lawsuit will seek compensation for economic losses, such as lost wages and medical bills resulting from the accident, as well as non-economic losses such as pain and suffering, loss of companionship, and more. In some cases, punitive damages may also be requested if the at-fault party's negligence was particularly egregious.
Can I settle a truck accident case without a lawyer?
It is possible to settle an accident case without the help of a truck accident lawyer in Elmhurst. However, it is not advisable. Truck accident cases can be complex and involve multiple parties, and the injuries resulting from a truck accident can be severe and long-lasting.
Perhaps if the damage is minimal and the at-fault party is clearly liable, you may be able to settle without a lawyer. However, if it is a more complicated case, you should always seek legal counsel before attempting to negotiate a settlement. Truck accident lawyers can guide you through any court proceedings, the statute of limitations, and the entire settlement process.
How do trucking companies deny fault for a truck accident?
Trucking companies may try to deny fault for a truck accident in a few ways. They might argue that the driver was not acting on behalf of the trucking company at the time of the accident — this is known as vicarious liability. They might also argue that the driver was not negligent, or was not negligent enough to be held liable. Alternatively, they may blame the other driver involved in the accident or a mechanical malfunction of the truck. A lawyer can help you build a strong case to prove the trucking company was at fault.
Rising Truck Accident Statistics
Truck accidents are a major problem in Queens. According to the Federal Motor Carrier Safety Administration (FMCSA), the number of fatal crashes due to large trucks was 4,252 in 2016 and 4,657 in 2017. This shows a 10% increase in fatal crashes in the span of just one year.
The FMCSA also reports that the number of injury-causing accidents from large trucks increased from 102,000 in 2016 to 107,000 in 2017, a 5% increase. The number of large trucks involved in accidents that caused property damage also increased from 351,000 in 2016 to 361,000 in 2017.
These statistics are alarming because they indicate that the overall number of truck accidents is quickly on the rise.
Contact Our Queens Truck Accident Attorney Today
If you or a loved one has been in a truck accident, call us today by completing the form on this website or by calling us at 212-240-9465.
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Elmhurst Queens Truck Accident Attorney
If you have been injured in a Truck Accident in Elmhurst Queens due to someone else's negligence, contact the Elmhurst Queens Truck Accident Lawyer at Michael J. Redenburg, Esq. PC and get the wheels of justice spinning for you. Call 212-240-9465 now!