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A Kew Gardens Queens Truck Accident Attorney Can Help You After an Accident
Kew Gardens is a neighborhood in the central area of Queens County and is bounded to the north by the Union Turnpike and the Jackie Robinson Parkway, to the east by the Van Wyck Expressway and 131st Street, to the south by Hillside Avenue and to the west by Park Lane, Abingdon Road, and 118th Street. The ZIP Code is 11415.
The size and weight of big-rigs, semi-tractor-trailers, and 18-wheelers mean that a crash often results in devastating or even fatal injuries. These cases require a law firm that has experience in large trucking accident litigation because the law is complex and the stakes are very high. Choosing a lawyer without experience in trucking cases can cost you millions of dollars or more in a settlement or verdict.
The best thing you can do is hire a skilled truck accident lawyer with the knowledge and skill to fight for you. We will represent you under our No Fee Promise, which means there are no legal fees or expenses unless you receive a settlement. And we pay all of the expenses associated with prosecuting the action and never ask you for any money out of your pocket. We only get paid at the end of the case.
Our skilled lawyer will gather evidence surrounding your accident and work tirelessly to build your case and get you justice. We represent Kew Gardens Queens truck accident victims and fight for our clients. Call us now at 212-240-9465 and see how to get the Wheels of Justice spinning for you!
We will work hard to get you every penny that you deserve for your pain and suffering. We will also deal directly with your insurance company to get all of your medical bills, lost wages, and other no-fault insurance benefits paid.
GET THE BEST QUEENS TRUCK ACCIDENT LAWYER
HOW WE HELP YOU AFTER A KEW GARDENS QUEENS TRUCK CRASH
Our truck accident attorneys will begin our work immediately. We may hire the best investigators and accident reconstruction experts, interview witnesses, and preserve all-important evidence. We will also fully investigate the accident scene and gather evidence to prove the semi truck accident was the fault of the truck driver and not yours.
We will also help you with your claims for no-fault insurance benefits. We will assist you in preparing the required forms, submit them for you, and deal directly with the insurance adjuster to make sure that your medical bills and lost wages are promptly paid. We will also work to get you a great personal injury settlement.
We take care of everything from start to finish so you can focus on your road to recovery. Call us now at 212-240-9465 for your free, no obligation in-office consultation.
MOST COMMON TRUCK TYPES INVOLVED IN CRASHES
When referring to truck accidents, lawyers generally refer to crashes caused by large commercial-type trucks. Commercial trucks are vehicles used for the transport of commercial goods or property and are driven by professional truck drivers for compensation. While pickups and large SUVs may be considered trucks by the general public, cases referred to as “truck accidents” are for much larger vehicles.
The most common types of trucks driven on Queens roadways and interstate highways are:
- Tow trucks
- Garbage & dump trucks
- Tanker trucks
- Concrete mixers
- Construction equipment
- Delivery vehicles
- Log carriers
- Flatbed trailers
- Postal trucks, U-Hauls, Fed Ex & UPS trucks
- Big rigs
WHAT IS THE DEFINITION OF A COMMERCIAL VEHICLE?
A commercial vehicle is a motor vehicle that is used to transport passengers for hire, a truck constructed or used to transport goods and merchandise, or one used to pull other vehicles.
The vehicle must have a weight of more than 10,001 pounds of combined weight, which includes the vehicle weight and any cargo or passengers. If transporting passengers, it must be used for more than eight passengers, including the driver if used for compensation or more than 15 passengers if there is no compensation. Many buses are classified as commercial vehicles.
WHAT CAUSES MOST TRUCK ACCIDENTS?
While mistakes do happen on the roadways, the proximate cause of a truck crash is many times due to the careless, reckless, or malicious behavior of a trucker.
For truckers, poor training, operator fatigue, improper turns, blind spots, and equipment failures — such as faulty reflectors, lights, and malfunctioning brakes — are common reasons for truck accidents. Serious injuries are often caused by tire blow-outs, wheel-offs, or other parts coming off the truck and striking people or other vehicles. In other instances, however, a truck accident may be the result of improper loading, unloading or load shifting about the trailer.
If a semi or tractor-trailer is not properly loaded, the weight inside the trailer can shift. Similarly, the weight might affect the truck driver's ability to stop and control the truck, especially during braking and turns. Because of this, improperly loaded trucks can lead to accidents, including jeck-knifes and even rollovers.
Furthermore, the use of drugs or alcohol, speeding, improper tailgating, failing to yield the right of way and improper lane changes are also leading causes of crashes. Long-haul truckers are not to be using handheld cell phones while operating a commercial vehicle but may use hands-free phones. Nonetheless, distracted driving is a major problem with drivers of large trucks.
WHAT SHOULD I DO AFTER A KEW GARDENS TRUCK ACCIDENT?
It is a harrowing experience to be involved in any type accident, but crashes involving big-rig trucks are even more terrifying. It's important to remain at the scene after the crash. Leaving the scene of an accident involving serious injury without filing a police report can be deemed a criminal offense. You should stay at the scene until the police arrive so you can provide your version of how the accident happened and exchange information with the other driver.
Otherwise the police officer may only speak to the truck driver and your version of events does not become part of the official report. If you are injured, getting immediate medical attention is the most important thing. It is best to wait for emergency personnel to arrive at the scene.
If your vehicle has significant damage, you should remove personal property before it is towed away. You should get the names and phone numbers of any eyewitnesses and take photographs of all of the involved vehicles. This is valuable evidence. You can even take photos of the driver's license and insurance card of the other driver to prevent any mistakes if you were to just write down the information.
WHEN SHOULD I HIRE A QUEENS TRUCK ACCIDENT ATTORNEY?
It is smart to hire a Kew Gardens Queens truck accident lawyer immediately after the crash. The trucking company will have its team of investigators at the scene gathering evidence within hours. You need your own team at the location to interview witnesses, take photographs, and measure any skid marks or other road markings that were caused by the accident. Additionally, it is very important to have all vehicles inspected as soon as possible.
Our truck accident attorneys will retain the best accident reconstruction experts, engineers, and metallurgists to take measurements, photograph property damage, and preserve any evidence that may prove fault for the crash.
We also will have our investigators download the black box or event data recorder from all vehicles. This data provides excellent evidence of driver speeds, braking, and actions before and at the time of the crash. This data is often the best evidence to prove and win your case.
The trucking defense lawyers and insurance adjusters are very sophisticated and begin denying fault and defending the case within a short time after the accident. You do not stand a chance against their team unless you have an experienced truck accident lawyer in your corner.
SERIOUS INJURIES CAUSED IN A TRUCK ACCIDENT
While the injuries sustained in any motor vehicle collision can be severe, accidents involving trucks tend to lead to serious personal injuries. While some damages may be minor — such as scrapes, bruises, and sprains — others may be catastrophic and life-changing. The most serious pain and suffering injuries suffered in a Queens truck accident may include:
- Traumatic brain injuries, closed head injuries, and concussions;
- Spinal cord injures;
- Back and neck injuries, such as herniated discs and bulging discs;
- Broken bones and fractures;
- Knee and shoulder injuries, such as a torn meniscus or a rotator cuff tear;
- Nerve damage in the arms, legs, and hands;
- Burns to the face and body;
- Permanent scars and disfigurements;
- Post-traumatic stress disorder;
Along with the physical suffered by a collision with a semi-truck or 18-wheeler, an injured person will likely have significant psychological and emotional trauma. This occurs from the physical pain and suffering associated with the injuries and the effects on a person due to life-altering injuries. These emotional injuries affect the victim, spouses, partners, and children.
To win your case against the driver, the evidence must prove the trucker drove negligently, carelessly, or violated the rules of the road and caused the accident. Essentially, you must show the trucker was at fault. You can also sue the trucking company for causing the accident.
Under New York law, the trucking company is usually liable for the negligence of its employees. In addition, you can sue the company on other grounds such as for mechanical defects, poor training, or logbooks that are not properly maintained. The investigation may also prove that the company allowed the truck driver too much driving time without a break or sleep.
Many times, you can sue the owner of the trailer in addition to the company that employed the driver and owned the cab.
A Kew Gardens Queens truck accident lawyer from our law firm will identify all potential parties to include in your lawsuit. This is the best way to maximize your personal injury settlement.
MECHANICAL DEFECTS AND POOR TRUCK MAINTENANCE
Sometimes, a crash involving a truck is not caused directly by the driver. This is often the case when the mechanical parts of a truck are faulty or defective and cause a crash. For example, a truck driver may hit the brakes with plenty of time to stop for traffic, but if the brakes are defective or have not been properly maintained, an accident can happen.
When this is the case and a defective truck is involved in an accident, it might further hinder an injury claim. This is largely because, when determining liability for a crash, it is more difficult to identify who is to blame when the proximate cause of the truck accident is a defective truck part.
Once fault is determined, however, a truck crash claim might involve multiple responsible parties, including the trucking company — for not maintaining the truck or failing to get an inspection — as well as the manufacturer of the defective part. Furthermore, if the trucker was responsible for maintaining their rig, they might also be held accountable.
TRUCKING COMPANY LIABILITY CLAIMS
When a truck driver works for a trucking company or other employer, that company is legally responsible for them while they are on the road. Therefore, if a mistake happens, or if a driver's error causes an accident, the company usually liable.
While any company is supposed to ensure that its drivers are properly trained and can safely handle trucks on the road, companies often fail to provide proper training and supervision.
Many times, the drivers are forced to be behind the wheel for too many hours without a break and have trouble focusing on the road due to fatigue. Other times, they are driving too fast to meet delivery time requirements. When any of these acts cause a crash, both the driver and company are liable and should be pursued for compensation.
Under NY law, the vehicle owner has the same legal responsibility as the trucker involved in the accident. As a result, both are responsible for compensating victims.
CARGO AND ITEMS FALLING FROM TRUCKS CAUSE SERIOUS INJURIES
You have likely seen large objects in the middle of the highway that have fallen off a truck. Cargo, construction materials, logs, and other items travel at high speeds when they fall from a moving vehicle. The weight of those objects traveling at high speeds causes deadly accidents.
In addition, fallen objects laying in the middle of the road are a substantial danger for other drivers.
Many motorists cannot react fast enough to avoid those objects and hit them at high speeds. Other vehicle drivers swerve to avoid an object and either strike another vehicle or leave the roadway.
A trucking company and driver are liable in these circumstances to an injured person. They are required to safely secure all cargo in the vehicle or to the flatbed before entering the roadway. Motorcyclists, bicyclists, and pedestrians are especially vulnerable in these situations.
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Kew Gardens Queens Truck Accident Attorney
If you've been injured in a Truck Accident in Kew Gardens Queens due to someone else's negligence, contact the Kew Gardens Queens Truck Accident Lawyer at Michael J. Redenburg, Esq. PC and get the wheels of justice spinning for you. Call 212-240-9465 now!