Truck Accident FAQs

If you've been involved in a truck accident, you likely have many questions about your rights, the legal process, and what steps to take next. At Kelner & Kelner in NYC, we understand the complexities of truck accident cases and are here to provide you with the information you need. Below, we've compiled a list of frequently asked questions (FAQs) to help guide you through this challenging time.

What should I do immediately after a truck accident?

• Ensure safety: Move to a safe area if possible and check for injuries.
• Call 911: Report the accident and request medical assistance if needed.
• Document the scene: Take photos of vehicle damage, injuries, and the accident site.
• Gather information: Collect contact and insurance details from all involved parties.
• Seek medical attention: Even if you feel fine, some injuries may not be immediately apparent.
• Contact a truck accident lawyer: Consult with a legal professional to understand your rights and options.

How is a truck accident different from a car accident?

Truck accidents often involve more severe injuries and property damage due to the size and weight of commercial trucks. They also tend to be more complex legally, as multiple parties may be held liable, including the truck driver, trucking company, vehicle manufacturer, or cargo loaders. Additionally, trucking companies are subject to federal regulations, which can impact the case.

Who can be held liable in a truck accident?

Several parties may be held responsible in a truck accident, including:

• The truck driver
• The trucking company
• The owner of the truck
• The cargo loading company
• The truck or parts manufacturer
• Government entities responsible for road maintenance

Determining liability often requires a thorough investigation, which is why it's crucial to work with a knowledgeable truck accident lawyer.

What types of compensation can I receive for a truck accident?

Victims of truck accidents may be entitled to various forms of compensation, including:

• Medical expenses (current and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Property damage
• Rehabilitation costs
• Loss of enjoyment of life
• In cases of wrongful death, funeral expenses and loss of companionship

The specific compensation you may receive depends on the details of your case and the extent of your injuries.

How long do I have to file a truck accident lawsuit in New York?

In New York, the statute of limitations for personal injury cases, including truck accidents, is generally three years from the date of the accident. However, there are exceptions to this rule, and it's always best to consult with a truck accident lawyer as soon as possible to ensure you don't miss any critical deadlines.

What if I was partially at fault for the truck accident?

New York follows a "pure comparative negligence" rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you're found to be 20% at fault, you can still recover 80% of the total damages awarded.

How can a truck accident lawyer help with my case?

A truck accident lawyer can provide valuable assistance in several ways:

• Investigating the accident and gathering evidence
• Identifying all potentially liable parties
• Negotiating with insurance companies
• Calculating the full extent of your damages
• Representing you in court if a fair settlement cannot be reached
• Ensuring all legal deadlines are met
• Handling complex paperwork and legal procedures

Having a knowledgeable attorney on your side can significantly improve your chances of receiving fair compensation for your injuries and losses.

What evidence is important in a truck accident case?

Key evidence in a truck accident case may include:

• Police reports
• Witness statements
• Photographs and video footage of the accident scene
• Medical records and bills
• The truck's black box data
• Driver logs and employment records
• Maintenance and inspection records
• Cargo loading information
• Cell phone records (to determine if distracted driving was a factor)

A truck accident lawyer can help gather and preserve this crucial evidence to support your case.

How long does it take to resolve a truck accident case?

The duration of a truck accident case can vary greatly depending on factors such as:

• The complexity of the case
• The severity of injuries
• The number of parties involved
• The willingness of insurance companies to negotiate
• Whether the case goes to trial

Some cases may be resolved in a few months, while others can take a year or more. Your truck accident lawyer can provide a more accurate timeline based on the specifics of your case.

What if the trucking company's insurance offers me a settlement?

It's crucial to be cautious when dealing with insurance companies, as their initial settlement offers are often lower than what you may be entitled to. Before accepting any settlement, consult with a truck accident lawyer who can evaluate the offer and advise you on whether it adequately covers all your damages, including future medical expenses and lost wages.

Can I still file a lawsuit if the truck driver was from another state?

Yes, you can still file a lawsuit even if the truck driver was from another state. Truck accident cases often involve federal laws and regulations, which apply across state lines. Your truck accident lawyer can help navigate the complexities of multi-state litigation and ensure your case is filed in the appropriate jurisdiction.

What if the truck accident was caused by a mechanical failure?

If a mechanical failure caused the accident, liability may extend to the truck manufacturer, parts manufacturer, or the maintenance company responsible for the truck's upkeep. In such cases, your truck accident lawyer would investigate to determine if there were any defects in the truck's design, manufacturing, or maintenance that contributed to the accident.

How are truck accident cases different from other personal injury cases?

Truck accident cases often involve:

• More severe injuries and damages
• Complex federal and state regulations
• Multiple potentially liable parties
• Extensive documentation and evidence
• Larger insurance policies
• More resources on the defense side

These factors make truck accident cases particularly challenging, which is why it's crucial to work with a truck accident lawyer who understands the nuances of these cases.

What if I was injured as a passenger in a truck accident?

As a passenger, you may have a strong claim for compensation, as you likely bear no fault for the accident. You may be able to file claims against the truck driver, trucking company, and potentially other parties involved in the accident. A truck accident lawyer can help you identify all possible sources of compensation.

How much does it cost to hire a truck accident lawyer?

Many truck accident lawyers, including those at Kelner & Kelner, work on a contingency fee basis. This means you don't pay any upfront costs, and the lawyer's fee is a percentage of the compensation you receive if your case is successful. This arrangement allows you to access legal representation without worrying about out-of-pocket expenses.

What if the truck driver was fatigued or violated hours-of-service regulations?

Truck driver fatigue is a common cause of accidents, and there are strict federal regulations governing how long drivers can operate their vehicles. If a driver or trucking company violated these regulations, it could strengthen your case. Your truck accident lawyer would investigate the driver's logs and other evidence to determine if any violations occurred.

Can I file a truck accident lawsuit if a loved one was killed in the accident?

Yes, if you've lost a loved one in a truck accident, you may be able to file a wrongful death lawsuit. These cases can provide compensation for funeral expenses, loss of financial support, loss of companionship, and other damages. A truck accident lawyer can guide you through this difficult process and help ensure your family's rights are protected.

What if the truck that hit me was carrying hazardous materials?

Accidents involving trucks carrying hazardous materials can be particularly dangerous and complex. In addition to the typical damages associated with truck accidents, you may also face exposure to harmful substances. These cases often involve:

• Additional federal and state regulations
• Potential environmental damage claims
• Long-term health monitoring
• Specialized cleanup procedures

If you've been involved in an accident with a hazardous materials truck, it's crucial to seek immediate medical attention and consult with a truck accident lawyer who has experience handling these types of cases.

How do I obtain the truck's black box data?

The truck's black box, or Electronic Logging Device (ELD), can provide crucial evidence in a truck accident case. To obtain this data:

• Act quickly, as the data may be overwritten or deleted
• Send a spoliation letter to the trucking company to preserve the data
• File a court order if necessary to prevent data destruction
• Work with a truck accident lawyer who can subpoena the records

A truck accident lawyer can help ensure this valuable evidence is properly preserved and analyzed to support your case.

What if the truck driver was an independent contractor?

If the truck driver was an independent contractor rather than an employee of a trucking company, it can affect liability in your case. However, this doesn't necessarily mean you can't seek compensation from the trucking company. Factors to consider include:

• The level of control the company had over the driver
• Whether the company properly vetted the driver
• If the company maintained the truck
• The specific terms of the contract between the driver and the company

A truck accident lawyer can help determine all potentially liable parties, regardless of the driver's employment status.

How do truck accident settlements compare to car accident settlements?

Truck accident settlements are often larger than car accident settlements due to several factors:

• More severe injuries and property damage
• Higher insurance policy limits for commercial trucks
• Potential for multiple liable parties
• More complex investigations and legal proceedings
• Stricter regulations governing the trucking industry

However, each case is unique, and the settlement amount depends on the specific circumstances of your accident and injuries.

What if I was injured in a truck accident while riding a bicycle or as a pedestrian?

Bicyclists and pedestrians hit by trucks often suffer severe injuries due to the size disparity. In these cases:

• You may be entitled to significant compensation due to the severity of injuries
• The trucking company's insurance may try to argue you were partially at fault
• Reconstruction of the accident scene is often crucial
• Your visibility and the truck's blind spots may be key factors

A truck accident lawyer can help protect your rights and ensure you're not unfairly blamed for the accident.

How do I deal with medical bills while my truck accident case is pending?

Managing medical bills during a pending truck accident case can be challenging. Here are some options:

• Use your personal health insurance
• Negotiate with healthcare providers for deferred payment
• Explore medical liens, where providers agree to be paid from your settlement
• Consider pre-settlement funding (but be cautious of high interest rates)

Your truck accident lawyer can advise you on the best approach for your situation and may be able to negotiate with medical providers on your behalf.

What if the trucking company files for bankruptcy after my accident?

If the trucking company files for bankruptcy after your accident, it can complicate your case, but it doesn't necessarily mean you can't recover compensation. Options may include:

• Filing a claim in the bankruptcy proceedings
• Pursuing compensation from the company's insurance policy
• Seeking damages from other liable parties

A truck accident lawyer can help navigate this complex situation and explore all available avenues for compensation.

How do I prove the truck driver was distracted at the time of the accident?

Proving driver distraction in a truck accident case may involve:

• Obtaining cell phone records
• Analyzing the truck's onboard computer data
• Reviewing dashcam footage if available
• Examining the driver's log book
• Interviewing witnesses
• Investigating social media activity

Your truck accident lawyer can work with accident reconstruction specialists and use discovery processes to gather this evidence.

What if I was injured in a truck accident while on the job?

If you were injured in a truck accident while performing work duties, you may be eligible for both workers' compensation and a personal injury claim. This situation, known as a third-party claim, allows you to:

• Receive workers' compensation benefits for medical expenses and lost wages
• Pursue additional compensation from the liable parties in the truck accident

Navigating both workers' compensation and personal injury claims can be complex, so it's advisable to work with a truck accident lawyer who understands both areas of law.

How do I know if I have a valid truck accident case?

Determining if you have a valid truck accident case involves several factors:

• The accident resulted in injuries or significant property damage
• The truck driver or another party was at fault
• You can prove negligence or a violation of trucking regulations
• The accident occurred within the statute of limitations
• You have damages that can be compensated

A truck accident lawyer can evaluate the details of your case and advise you on its validity and potential value.

What if the truck accident aggravated a pre-existing condition?

If a truck accident aggravated a pre-existing condition:

• You may still be entitled to compensation
• The "eggshell plaintiff" rule may apply, holding the at-fault party responsible for the full extent of your injuries
• Medical evidence will be crucial to prove the accident worsened your condition
• You may need to disclose your medical history

Your truck accident attorney can help gather the necessary medical evidence and argue effectively for compensation that reflects the full impact of the accident on your health.

What are the stages of a truck accident lawsuit?

A truck accident lawsuit typically progresses through several stages:

• Investigation and evidence gathering
• Filing the complaint
• Discovery phase (exchanging information with the other party)
• Negotiations and possible mediation
• Trial preparation
• Trial (if a settlement isn't reached)
• Verdict and potential appeals

Each stage has its own timeline and procedures. A truck accident lawyer can guide you through each step and keep you informed about your case's progress.

How long does a truck accident lawsuit typically take?

The duration of a truck accident lawsuit can vary significantly depending on several factors:

• Complexity of the case
• Severity of injuries
• Number of parties involved
• Court schedules
• Willingness of parties to negotiate

While some cases may settle within a few months, complex truck accident lawsuits can take one to three years or even longer to resolve, especially if they go to trial. Your truck accident lawyer can provide a more accurate estimate based on the specifics of your case.

What types of evidence are crucial in a truck accident lawsuit?

Strong evidence is key to building a compelling truck accident lawsuit. Important types of evidence include:

• Police reports
• Eyewitness testimonies
• Photos and videos of the accident scene
• Vehicle damage reports
• Medical records and bills
• Expert witness testimonies (accident reconstructionists, medical professionals)
• Truck driver's logs and employment records
• Trucking company's maintenance and training records
• Black box data from the truck
• Cell phone records
• Surveillance footage from nearby businesses

A truck accident lawyer can help gather and preserve this crucial evidence to strengthen your case.

How is fault determined in a truck accident lawsuit?

Determining fault in a truck accident lawsuit involves:

• Analyzing evidence from the accident scene
• Reviewing police reports and witness statements
• Examining the truck driver's logs and records
• Investigating potential violations of trucking regulations
• Consulting with accident reconstruction specialists
• Evaluating any potential mechanical failures
• Considering road conditions and weather factors

In some cases, multiple parties may share fault. Your truck accident lawyer will work to build a strong case demonstrating the other party's liability while protecting you from unfair blame.

What if the trucking company offers a quick settlement?

Trucking companies and their insurers may offer a quick settlement to resolve the case promptly and potentially limit their liability. However, these initial offers are often lower than what you may be entitled to. Before accepting any settlement:

• Consult with a truck accident lawyer
• Ensure you understand the full extent of your injuries and future medical needs
• Calculate all your damages, including future lost wages and pain and suffering
  Consider the long-term implications of accepting the offer

A truck accident lawyer can evaluate the offer and advise whether it's in your best interest to accept or negotiate for a higher amount.

Can I file a truck accident lawsuit if I was partially at fault?

In New York, you can still file a truck accident lawsuit even if you were partially at fault, thanks to the state's "pure comparative negligence" rule. Under this rule:

• You can recover damages even if you were 99% at fault
• Your compensation will be reduced by your percentage of fault
• The court determines the percentage of fault for each party involved

For example, if you're found to be 30% at fault and your damages are $100,000, you could still recover $70,000. A truck accident lawyer can help present your case in the most favorable light to minimize your assessed fault.

What role do expert witnesses play in a truck accident lawsuit?

Expert witnesses can be crucial in truck accident lawsuits. They provide specialized knowledge to help the court understand complex aspects of the case. Common types of expert witnesses include:

• Accident reconstruction specialists
• Medical experts
• Trucking industry experts
• Economic experts (to calculate long-term financial impacts)
• Mental health professionals (for cases involving emotional trauma)

Your truck accident lawyer will work with appropriate experts to strengthen your case and provide compelling testimony if the case goes to trial.

How do truck accident lawsuits differ when multiple vehicles are involved?

Multi-vehicle truck accidents can lead to more complex lawsuits:

• Multiple parties may be partially at fault
• There may be several plaintiffs seeking compensation
• Insurance coverage issues can become more complicated
• The chain of events leading to the accident may be more difficult to establish
• Comparative negligence calculations become more intricate

In these cases, having a skilled truck accident lawyer is crucial to navigate the complexities and ensure your rights are protected amidst competing claims.

What happens if I lose my truck accident lawsuit?

If you lose your truck accident lawsuit:

• You typically won't receive compensation for your injuries and damages
• You may be responsible for certain court costs
• You might have the option to appeal the decision, depending on the circumstances

However, if you're working with a truck accident lawyer on a contingency fee basis, you usually won't owe attorney fees if you don't win your case. Discuss the potential outcomes and your options with your lawyer before proceeding with a lawsuit.

Can I sue for emotional distress in a truck accident lawsuit?

Yes, you can sue for emotional distress as part of your truck accident lawsuit. This falls under "pain and suffering" damages and may include compensation for:

• Anxiety and depression
• Post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life
• Emotional anguish

To successfully claim emotional distress:

• Document your symptoms
• Seek professional mental health treatment
• Keep a journal of how the emotional distress affects your daily life

Your truck accident lawyer can help you present a strong case for emotional distress damages.

How do I pay for a truck accident lawsuit?

Many truck accident lawyers work on a contingency fee basis, which means:

• You don't pay upfront costs
• The lawyer's fee is a percentage of your settlement or court award
• If you don't win your case, you typically don't owe attorney fees

Additionally, your lawyer may advance costs for:

• Filing fees
• Expert witness fees
• Deposition expenses
• Document acquisition

These costs are usually reimbursed from your settlement. Discuss the fee structure and potential costs with your truck accident lawyer before proceeding with your case.