Queens Truck Accident Lawyer
A truck accident can be a very frightening experience for everyone involved. An accident involving a truck can cause several issues, such as emotional or physical injuries, damage to your vehicle, and the inability to return to work for a long period of time or ever again.
To make this experience easier for you, you can speak to a Queens truck accident lawyer to find out what options you have. A capable personal injury attorney can help you by pursuing damages for your losses that can at least help you financially while you work on getting physically well again.
The Basics of Truck Crashes
The Large Truck Crash Causation Study was a joint study by The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) to examine causes of truck accidents. They found that the main causes of truck accidents were:
- The driver fell asleep
- The driver suddenly became physically impaired (ex. heart attack)
- Distracted driving
- Issues with the vehicle such as brake problems
Because crashes continue to happen, New York City, including Queens, has very detailed rules and regulations for trucks. There are special, specific routes for trucks. Many trucks and commercial vehicles are not allowed to drive on New York parkways.
Trucks have been highly involved in pedestrian-related deaths and injuries, so many trucks are required to have crossover mirrors to allow more visibility. Other regulations for trucks include a maximum weight limit of 80,000 pounds. There are also a number of low bridges that have height limits for trucks passing under. When a trucker or their employer fails to take all possible steps to protect others and causes a collision, injured individuals should speak with a Queens attorney.
How is Negligence Established in Truck Accident Cases?
When assessing fault in a tractor accident, a Queens lawyer will have to establish that the other party was negligent. Negligence has mandatory elements that have to be met in order to collect damages. The elements are:
- A duty of care was owed by the party that caused the injury. The general duty of care owed is acting as a reasonably prudent person would in similar circumstances
- This duty was breached by failing to fulfill the duty. Breach usually occurs when a party fails to act reasonably
- The negligent act was the actual and proximate cause of the injury. Actual cause requires that the injury happened because of that negligent act. Proximate cause is proven by showing that the injury was foreseeable and there was no intervening cause
- An actual injury occurred, usually as a physical injury
Understanding these elements and proving them can be difficult, which is why having an experienced attorney can help you in court.
An injured individual also has the option to settle the case out of court, where their lawyer and the other party’s lawyer can meet and come to an agreement. Alternatively, the injured individual’s lawyer can negotiate a settlement with the insurance company. Speaking with an accident lawyer can help you decide which method best fits your needs.
Importance of Contacting a Queens Truck Accident Attorney
A collision with a massive vehicle like a tractor-trailer is bound to have devastating consequences. The impact of a truck can cause substantial property damage as well as life-threatening injuries. If someone’s negligence is the cause of this collision, injured survivors should not have to be responsible for the paying for the consequences. Call a Queens truck accident lawyer at Goldstein & Bashner to discuss your opportunity to seek justice through a personal injury claim.