Most of us have driven alongside a large truck or eighteen-wheeler at some point, and you likely already know how large and powerful these vehicles are. Those unlucky enough to be caught up in a collision with a large truck might endure horrific injuries, excruciating pain, and costly medical treatment. You should not have to bear this burden alone, and a lawyer can help you get justice.
When trying to understand how and why a truck accident happened, it is often helpful to begin with the person who caused it. In many cases, negligent truckers are responsible for accidents, and their employers may be held vicariously liable under specific circumstances. Before you can take the matter to court, our team can help you navigate the state’s no-fault insurance laws, which might prevent you from suing unless you have a “serious injury” as defined by law. When you are ready, talk to our attorney about your accident. How and where it occurred are key details we need to prove the defendant’s liability.
Call The Martello Law Firm, PLLC at (914) 685-6950 and get a private case evaluation for no cost to begin your claim.
The People Responsible for a Truck Accident in Dobbs Ferry
One thing truck accidents are known for is their size and magnitude. Trucks are enormous vehicles, and accidents involving trucks tend to be similarly large in scale, often affecting multiple drivers and injuries dozens or more. Our truck accident lawyers will heavily scrutinize the truck driver in your case, as trucker negligence is a common theme in accident cases. If they are deemed responsible, their employer might be liable for damages, too.
Negligent Truck Drivers
Truck driver negligence is a huge problem that puts everyone on the road at risk. Truckers must be specially trained and licensed to drive these vehicles, as they are massive, powerful, and difficult to operate. A common problem is trucker fatigue. Truckers are on the road for long hours with few breaks most of the time and can become very tired behind the wheel. It is not uncommon for truckers to doze off and cause a bad accident.
Speed is another common problem. Since trucks are so big, they are difficult to stop, and truckers must leave ample room to brake and come to a safe stop. If a trucker is speeding and another vehicle suddenly cuts them off, they might be unable to stop to avoid a collision. Even if they hit the brakes, they might still not stop immediately and swerve into other vehicles.
Truck Companies
When a truck driver is responsible for causing an accident, they might not be the only one on the hook for damages. Trucking companies may be held vicariously liable for injuries caused by a negligent trucker. If the trucker negligently caused the crash while performing their typical job duties, the trucking company may be included in your case. This is an important issue to consider, as truck companies are usually more capable of covering your damages than individual truck drivers.
How to File a Truck Accident Case in Dobbs Ferry
Beginning a truck accident case can be tricky. New York has no-fault insurance laws that might limit your ability to file a case. However, there are ways around the rules, and your attorney can help you determine what course of action is best for your case.
No-Fault Insurance Laws
According to I.S.C. § 5104(a), drivers must carry no-fault insurance that covers them no matter who is to blame for the accident. In the event of an accident, including truck accidents, drivers are limited to a no-fault insurance claim unless special circumstances exist. More specifically, you may only file a lawsuit against the trucker or their employer if you experienced a “serious injury.”
A serious injury is described under § 5102(d) and includes serious and often permanent injuries. Death, dismemberment, the loss of a fetus, significant disfigurement, the loss or limitation of body functions, systems, or limbs, or a medically determined injury that prevents you from doing ordinary daily tasks of living for at least 90 days during the 180 days after the accident.
Considering how severe truck accidents can be, it is no surprise that many victims easily meet the serious injury requirement set by law. Talk to an attorney as soon as you can so you can begin preparing your case.
Statute of Limitations
Your time to file your case does not last forever. The statute of limitation, which can be found under C.V.P. Law § 214, accident victims must sue for their injuries within 3 years, and your time starts on the day of the accident. This time includes the time you might spend navigating the insurance process, so it is imperative that you speak to an attorney as soon as possible to begin. If this time passes and you do not file a case, you risk losing your right to bring the cause of action at all.
How Your Truck Accident Might Have Occurred in Dobbs Ferry
The exact cause of your truck accident might not yet be known. These accidents are often very complicated, and we might not have any answers until after the authorities conduct a thorough investigation. However, certain factors tend to be common across truck accident cases and may be worth discussing with your attorney while you wait for the investigation to finish.
Distracted truckers are extremely dangerous. While distractions on the road are an increasingly common problem for all drivers, it is especially frightening to know that some truckers are looking at their phones or GPS when they should be watching the road. It only takes a few seconds for a distracted truck driver to cause an accident, and stopping the truck before the collision might not be possible.
Tired truckers are also a big problem. Truck drivers are on the road for long periods of time, and they often must keep going with few breaks or rest periods. While trucking industry regulations require that drivers take breaks and get sleep, many truck companies push their drivers too hard, and they may become overly tired. If a tricker dozes off even for a second or two, they might cause a devastating accident.
Contact Our Dobbs Ferry Truck Accident Attorneys to Talk About Your Legal Options
Call The Martello Law Firm, PLLC at (914) 685-6950 and get a private case evaluation from our truck accident lawyers for no cost to begin your claim.
