Long Island Truck Accident Attorney

Fighting to Secure Maximum Compensation for Victims in Large Truck Accidents

Any motor vehicle accident has the potential to cause severe harm to those involved. However, truck accident injuries are frequently far more serious in nature. No regular car accident involves vehicles that can weigh up to 80,000 lbs. This is why one simple act of negligence by truck drivers can destroy the lives of other motorists, cyclists, and pedestrians along New York roadways. The aftermath of these collisions is often devastating, but you don’t have to go through it alone. A Long Island truck accident attorney may be able to help.

At The Law Offices of Elke E. Mirabella, PC, we’re committed to holding negligent truckers and trucking companies responsible for the damage they cause. We know that any successful case involves understanding what happened — from the accident scene until you’re fully recovered to living a normal life. We treat our clients like family — because we’ve seen what happens when trucking accident victims have to go through this ordeal on their own. We’ll fight on your behalf to maximize your compensation. Contact us today to schedule a free case evaluation.

When Are Truck Accident Victims Entitled to Compensation?

In some instances, truck accident claims against negligent parties are not necessary. That’s because we live in New York — a no-fault state. This means that a driver’s own insurance company will often cover their losses. However, this is typically only reserved for minor collisions with minimal losses. The simple fact is that truck accident victims are often always entitled to compensation, thanks to no-fault laws. Unfortunately, minimal losses are rarely the outcome in truck accident cases. So, what can you do when your injuries are severe?

Fortunately, New York law does not preclude injured victims from seeking compensation from negligent parties and their insurance companies. You must simply meet the no-fault threshold — which isn’t difficult in truck accident cases since these collisions frequently result in devastating losses. To better understand which path to recover compensation is right for you, it’s important to speak with a truck accident lawyer in Long Island. At The Law Office of Elke E. Mirabella, we’re here to help. Contact us today for a free case review.

When Can You File a Personal Injury Lawsuit?

Even when injury victims meet the no-fault threshold — which allows them to seek compensation from liable parties — a truck accident claim may not always result in a lawsuit. That’s because these cases are typically resolved via settlement negotiations. Experienced truck accident lawyers in Long Island frequently handle such negotiations, and when you have a legal advocate on your side, insurers are more likely to offer fair compensation. However, this will not always be true. If an insurance company refuses to provide an appropriate settlement, you’ll need to file a truck accident case in court.

After doing so, you must establish liability by proving the following three elements:

Duty of Care

To secure compensation after a truck crash, it must be shown that a duty of care existed. This is basically a responsibility to avoid actions that could harm others. For instance, truckers are responsible for driving safely, and trucking companies are responsible for putting safe drivers and vehicles on the road.

Violation of Duty

To hold any party in the trucking industry responsible for your losses, it must also be shown that they violated a duty of care. For instance, perhaps the trucker was suffering from driver fatigue but chose to operate their vehicle anyway. Maybe the trucking company failed to perform the required maintenance on their vehicles. There are many ways that a duty of care can be violated.

Causation of Harm

Violations of duty are far more common than accidents caused by those violations. To establish liability in court, it’s necessary to show that a violation of duty led to actual harm. For instance, an experienced Long Island truck accident lawyer can help show that it was driver error that led to an accident — and if this is the case, that negligence is the direct cause of any injuries suffered.

What Are Common Causes of Truck Accidents?

All accidents involving commercial trucks are unique in their own way. However, there are frequently many similarities as well. Personal injury attorneys who handle these cases can attest to this fact — and they’ll tell you the most common similarities are related to causation. By understanding the underlying causes of most truck accidents, it’s possible for those in the industry to reduce the number of serious collisions that occur. More importantly, understanding these causes will help injured victims recognize when others may be liable for their losses.

These are the most common truck accidents causes:

  • Driver error
  • Speeding
  • Distracted driving
  • Driver fatigue
  • Impaired driving
  • Inadequate training
  • Weather conditions
  • Equipment failure
  • Improper cargo loading
  • Poor road conditions
  • Inadequate signaling
  • Reckless driving
  • Inadequate supervision
  • Failure to obey traffic laws

In a best-case scenario, these issues will only lead to minor property damage. Unfortunately, being involved in accidents with tractor-trailers is rarely a “best-case scenario.” These massive vehicles have sent many victims and those who have lost loved ones into the offices of personal injury lawyers. At The Law Offices of Elke E. Mirabella, we’ve seen every possible outcome in these collisions. That’s why we know what injured victims are entitled to and the right way to secure maximum compensation.

Don’t wait or make assumptions about your case. Contact a Long Island truck accident lawyer in our law office today. We’re here to help.

What Are Common Trucking Accident Injuries?

After suffering injuries in trucking accidents, victims often face growing medical costs, lost wages, and even funeral costs following the loss of a loved one. However, the cost of medical attention is often the highest. This is due to the severity of injuries that can occur in these collisions. In many cases, property damage costs are dwarfed by these expenses. To understand why, one need only look at the most common injuries suffered in commercial truck accidents:

  • Neck and whiplash injuries
  • Fractures and broken bones
  • Traumatic brain injuries
  • Cuts and lacerations
  • Back and spinal cord injuries
  • Internal injuries
  • Amputations
  • Burn injuries
  • Disfigurement
  • Crush injuries
  • Post-traumatic stress disorder (PTSD)
  • Wrongful death

If you or a loved one are dealing with any of these issues, it’s critical for you to contact a personal injury lawyer. After you seek medical attention, this could be the single most important step you take. Insurance companies will try their best to give you a low settlement. This is true whether you’re seeking compensation through no-fault laws or directly from the negligent party’s insurance provider. An experienced truck accident lawyer in Long Island will have extensive legal knowledge and be well-acquainted with settlement negotiations.

In most cases, it will be possible to secure a settlement when negligence or wrongful acts lead to your injuries. Just like in other car accidents, though, a lawsuit may be necessary. In these cases, a Long Island truck accident attorney can prove invaluable to your claim.

Is the Truck Driver Always At Fault?

It’s important to work with an experienced personal injury attorney after suffering serious injuries. In many cases, they can investigate truck accidents and discover issues of liability that may not be immediately apparent. However, these investigations often discover that the truck driver was not the liable party in an accident. In fact, around 80% of accidents involving commercial vehicles are not caused by the driver of that vehicle. So, who else could be liable in these situations?

The list of potentially liable parties in truck accidents is extensive. Carrier companies, cargo loaders, mechanics, drivers of other vehicles, agencies tasked with safe road conditions, and other entities could all find themselves responsible for damages in these situations. That’s why it’s so critical to work with Long Island truck accident lawyers in these cases. You deserve dedicated and experienced legal representation, and this means working with someone who will investigate truck accidents to identify all responsible parties.

It’s also worth noting that some truck crashes are partially caused by the accident victims themselves. However, sharing liability does not disqualify you from seeking damages. Injury victims can pursue financial compensation even if they share liability since New York is a comparative negligence state. Even if you’re mostly at fault, state law allows you to recover compensation proportional to the other parties’ percentage of fault. This is why you should never assume you’re not entitled to compensation.

What Are Potential Damages in a Trucking Accident?

Due to New York’s no-fault laws, there are often no damages awarded in a motor vehicle accident. However, the potential for a lawsuit is greatly increased when victims are involved in a truck collision. That’s because these accidents are more likely to result in serious injuries — which can easily meet the no-fault threshold. Even in these cases, the insurance company for the trucker is likely to settle. If they refuse to provide appropriate financial compensation, though, it may be necessary to file a truck accident lawsuit. In these cases, the following damages may be available:

Economic Damages

Fair compensation in a personal injury lawsuit often starts with economic damages. This is compensation provided to injury victims that is meant to reimburse them for monetary losses. When truck accidents happen, this could include bills for medical treatment, lost wages, property damages, future medical treatment expenses, therapy costs, and more.

Non-economic Damages

Not all losses in a commercial truck accident are financial in nature. For non-monetary losses, experienced Long Island truck accident lawyers may be able to secure non-economic damages on your behalf. These can reimburse you for things like pain and suffering, emotional damage, loss of enjoyment in life, loss of companionship, and other losses that are not easily quantifiable.

Punitive Damages

When injury victims pursue compensation, there are instances where they may get more than expected. Rather than reimbursing the claimant for losses, punitive damages are often awarded to punish the negligent truck driver or other at-fault parties. These are rare in the court system, and it’s often necessary to show that the responsible party engaged in particularly egregious behavior. A Long Island truck accident attorney can help you understand if you’re eligible for these damages.

Contact a Long Island Truck Accident Lawyer Today

Whether you’re facing extreme medical expenses or the prospect of a future without a loved one, it’s important to hold liable parties responsible for their negligent and wrongful acts. Trucking accidents have the potential to be devastating. After all, a motorist in a 3,000-pound passenger vehicle has very little chance of coming out on top when an 80,000-pound truck strikes it. Fortunately, even minor injuries can be quickly compensated due to New York’s no-fault law. However, those who suffer severe injuries may need to file a personal injury claim if they hope to be compensated fairly.

At The Law Offices of Elke E. Mirabella, you’ll work with a Long Island truck accident lawyer who is committed to securing fair compensation on your behalf. We know that things can get very scary when medical bills start to pile up. We’ve also seen the devastation that comes from losing a loved one due to a negligent trucker, trucking company, and other parties within the transport industry. In collisions involving tractor-trailers, passenger-vehicle drivers rarely walk away unscathed. Fortunately, you have an advocate on your side when you work with our law office.

Contact us at (631) 557-6127 today to schedule your free legal consultation. A Long Island truck accident lawyer is on standby and ready to help.