Between January and February 2021, a total of 113 Truck accidents occurred in the Bronx, highlighting the frequency of such events. The aftermath of Truck accidents in the Bronx often involves complex legal challenges, including dealing with large trucking companies, navigating insurance claims, and understanding your rights under New York law. To help you through this difficult time, we’ve compiled a list of frequently asked questions you may have about a Bronx truck accident attorney. This guide is designed to simplify the process, providing you with the information you need to make informed decisions and secure the compensation you deserve.
Some Cases of Truck Accidents in the Bronx
These eases demonstrate the variety of truck accidents that can occur in the Bronx, each with its unique circumstances and consequences.
a. Multi-Vehicle Collision on the Cross Bronx Expressway
- Incident: A large commercial truck lost control on the Cross Bronx Expressway, one of the busiest and most congested highways in the area. The truck jackknifed, causing a chain-reaction collision involving several vehicles.
- Outcome: The accident resulted in multiple injuries, significant traffic delays, and extensive damage to vehicles. The cause was later determined to be a combination of speeding and poor road conditions.
b. Pedestrian Struck by a Delivery Truck
- Incident: In a residential area of the Bronx, a delivery truck struck a pedestrian who was crossing the street at a crosswalk. The truck driver claimed they did not see the pedestrian due to a blind spot.
- Outcome: The pedestrian sustained serious injuries, including broken bones and a head injury. The driver was found to be at fault for failing to yield to the pedestrian and not paying proper attention to the road.
c. Rollover Accident on the Bruckner Expressway
- Incident: A tanker truck carrying hazardous materials rolled over on the Bruckner Expressway, spilling its contents and causing a massive traffic jam. The accident occurred when the driver attempted to take a sharp turn at high speed.
- Outcome: The spill required a hazardous materials cleanup, and several nearby residents were evacuated as a precaution. The driver was cited for reckless driving, and the trucking company faced fines for safety violations.
d. Fatal Accident Involving a Box Truck
- Incident: A box truck collided with a smaller vehicle on a Bronx street, resulting in the death of the car’s driver. The truck driver allegedly ran a red light, causing the fatal crash.
- Outcome: The family of the deceased driver filed a wrongful death lawsuit against the truck driver and the trucking company. The case highlighted the importance of following traffic signals and the severe consequences of negligence.
e. Construction Site Accident Involving a Dump Truck
- Incident: At a Bronx construction site, a dump truck backed up without a spotter and struck a construction worker, causing severe injuries. The truck was reversing to unload materials when the accident occurred.
- Outcome: The worker suffered permanent injuries and filed a lawsuit against the construction company and the truck operator. The case emphasized the need for strict safety protocols at construction sites, especially when operating heavy machinery.
f. School Bus Collision with a Commercial Truck
- Incident: A school bus carrying children collided with a commercial truck at an intersection in the Bronx. The truck driver claimed that the brakes failed, causing the truck to slam into the bus.
- Outcome: Several children were injured, and the accident sparked an investigation into the truck’s maintenance records. The trucking company was found to have neglected proper maintenance, leading to mechanical failure.
What Should I Do Immediately After a Truck Accident?
- Answer: If it’s safe, pull over to the side of the road to prevent more accidents. Report the crash to the police, especially if anyone is hurt, there’s a lot of damage, or the truck driver isn’t cooperating. The police will write down what happened and make a report, which is important for legal reasons. Get the truck driver’s details like their name, phone, address, and who they work for. Take pictures and videos of the crash scene, including any damage to the vehicles, skid marks, traffic signs, road conditions, and any injuries. If anyone saw the accident, ask for their contact info and a statement about what they saw. Even if you feel okay, see a doctor after the crash. These records will help show your injuries and how the crash affected your health. Call your insurance company right away to let them know about the accident. Be honest but avoid saying anything that might make you look like you caused the crash.
2. Why Should I Hire a Truck Accident Attorney?
- Answer: Truck accidents involve more parties like the driver, company, and manufacturer, and need thorough investigations. Insurance companies are big and have lawyers, so an attorney can negotiate for fair pay and advise on legal steps. They calculate all damages, including future costs, to get the most compensation. If a settlement isn’t fair, they can sue. There’s a deadline to file a claim, so a lawyer makes sure it’s done on time. Hiring an attorney lets you focus on healing while they handle the legal details, providing expert advice for a confident legal process.
3. What Steps Should I Take to Hire the Right Truck Accident Attorney?
- Answer: Find a personal injury lawyer who specializes in truck accidents, especially those with a lot of experience. See if they’ve won truck accident cases before and ask about similar cases they’ve handled. Make sure they have trial experience, as some cases might go to court. Schedule a consultation to talk about your case and ask questions about their experience and approach. Prepare a list of questions about your case and how they’ll handle it. Find a lawyer who knows the local courts and laws and is experienced in truck accident cases.
4. How Much Can I Get from a Truck Accident Claim?
- Answer: The amount of money you can get from a truck accident claim depends on how bad your injuries are, how much they affect your life, and what happened in the accident. The court or jury will look at all the medical bills, like emergency care, hospital stays, surgeries, and therapy, plus any future medical costs. If you can’t work because of your injuries, you might get money for lost wages. You can also get money for the pain you’re in and for fixing or replacing your car or for any personal items that were damaged or lost. In some cases, you might get extra money as punishment, but this is rare. Also, in some places, if you were partly at fault for the accident, you might get less money. If the truck driver or company didn’t have enough insurance to pay for your damages, you might get more money from your own insurance.
5. How Long Do I Have to File a Truck Accident Claim in the Bronx?
- Answer: In New York, you usually have three years from a truck accident to file a lawsuit for injuries. If someone dies in the accident, you have two years for a wrongful death claim. This is different from the three-year limit for personal injury. If the truck was government-owned, the time limits might be shorter. It’s important to act quickly and talk to a truck accident lawyer to make sure your claim is filed correctly and your rights are protected.
6. How is Liability Determined in a Truck Accident?
- Answer: Determining liability in a truck accident is a complex process that involves identifying the responsible parties, gathering evidence, and analyzing the causes of the accident. Liability can rest with the truck driver, the trucking company, the vehicle manufacturer, or other entities involved. The company that employs the truck driver may also be held responsible, especially if they failed to properly train the driver, encouraged unsafe driving practices, or violated regulations regarding driver hours or truck maintenance. If a defect in the truck or one of its parts caused the accident, the manufacturer could be held liable. If the truck was not properly maintained, and this lack of maintenance contributed to the accident, the company responsible for maintaining the truck could be held liable. Trucking companies and drivers are subject to strict regulations, including limits on hours of service, maintenance requirements, and safety standards. An experienced Bronx truck accident attorney can help victims build a strong case by identifying all liable parties and ensuring that evidence is properly collected and preserved.
7. What Should I Expect During the Legal Process?
- Answer: Your journey begins with a meeting with a truck accident lawyer. Here, you’ll talk about your accident, injuries, and how it has affected you. The lawyer will evaluate your case, explain your rights and possible outcomes, and discuss how they’ll charge you. They’ll also collect important evidence like accident reports, injury records, and video footage. If needed, they might bring in experts. Next, they’ll notify the insurance companies and start your claim, handling all communications. They’ll send a formal letter to the responsible party or their insurance, outlining your damages and what you’re asking for. They’ll negotiate with the insurance company to agree on a fair settlement, which might include medical costs, lost wages, and pain and suffering. If you can’t agree, they might file a lawsuit. During the trial, both sides present their evidence and arguments, and a judge or jury decides the case. If you win, the court will decide how much you should get. If there are issues or you’re not happy with the verdict, you can appeal. After you settle or win, your lawyer will make sure you get your money.
8. How Much Does It Cost to Hire a Truck Accident Attorney?
- Answer: Most truck accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case or receive a settlement. The typical contingency fee ranges from 25% to 40% of the total compensation. There may be additional costs for court fees, expert witnesses, and other expenses, which should be discussed during your initial consultation.
9. Can I Handle My Truck Accident Case Without an Attorney?
- Answer: While it’s possible to handle a truck accident case without an attorney, it’s not recommended due to the complexities involved. Truck accident cases require knowledge of specific laws and regulations, as well as negotiation skills to deal with insurance companies. An experienced attorney can significantly increase your chances of receiving fair compensation.
10. What If I Was Partially at Fault for the Accident?
- Answer: New York follows a comparative negligence rule, meaning you can still recover compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. An attorney can help minimize your degree of fault and maximize your compensation.
