When dealing with debilitating injuries from a truck crash, our lawyers in Sleepy Hollow can help you get the compensation you need from negligent parties.
Truck accidents are serious and happen relatively frequently in Sleepy Hollow and the surrounding area, largely due to its proximity to popular highways for commercial truck drivers. If injured in a truck accident, you may have a claim against the individual driver and their employer, depending on certain details, like the driver’s status as a regular employee or independent contractor. Regardless, the filing deadline is typically three years from an accident’s date. Filing on time is crucial, as filing late could result in the court dismissing your claim in Sleepy Hollow. In addition to examining the defendant’s negligence, our lawyers can prepare arguments against a comparative fault defense if that is a likelihood in your case.
Call The Martello Law Firm, PLLC at (914) 685-6950 to have our Sleepy Hollow, NY truck accident lawyers assess your case for free.
Crash Facts for Sleepy Hollow, NY Truck Accidents
The Institute for Traffic Safety Management and Research (ITSMR) pools information from police accident reports in Sleepy Hollow and elsewhere in Westchester County and New York and makes that data accessible online through its Traffic Safety Statistical Repository.
According to the ITSMR, police departments in Westchester County reported 1,116 accidents involving large trucks in 2022. Three of those accidents were fatal, while 198 resulted in personal injuries. Of those injuries, 16 were classified as serious by the police, meaning the victim sustained skull fractures, broken bones, severe lacerations, or burns or was otherwise incapacitated and could not leave the scene under their own power.
According to the law enforcement reports gathered by the ITSMR, most truck accidents in Sleepy Hollow and the rest of Westchester County involved other cars, and few involved pedestrians, bicyclists, or motorcyclists, though all those accidents resulted in injuries in recent years.
The ITSMR cited passing improperly or making improper lane changes as the most common cause of truck accidents in 2022, contributing to at least 311 accidents in the area. Driver inattention or distraction accounted for 177 accidents. Regarding contributing factors cited by police, negligent truck drivers might not be fully honest at the scene about the cause.
For example, if a driver fell asleep at the wheel because of fatigue, they might not reveal that to law enforcement. That is why further investigation into an accident is always necessary, as it could reveal the true cause and strengthen your case in Sleepy Hollow.
The Filing Deadline for Your Sleepy Hollow, NY Truck Accident Case
If you do not adhere to the statute of limitations for your case, you could jeopardize your recovery. Our attorneys will focus on preparing your case soon after the accident so you do not have to delay it for any unnecessary reason.
C.V.P. Law § 214(5) states that the filing deadline for truck accident and injury lawsuits is three years from the crash date. Victims who do not file by the appropriate date lose their chance to recover damages.
Generally speaking, this is about the average time victims have to sue for personal injury from state to state. That said, preparing a legal case takes time. Before filing, our truck accident lawyers must have enough evidence to meet the standard of proof should your case go to court. Filing before you have a strong enough case to win at a trial is not wise.
Furthermore, enough time must pass for you to incur damages to sue for. When you file your lawsuit, our lawyers will prepare a complaint that explains the accident, your injuries, and your requested damages. Your recovery is based on your exact losses, meaning you must present proof of them.
Proof of damages can come from medical records, past wage information, and witness statements. If you try to file your lawsuit too soon after the accident, you might not have incurred notable damages.
Furthermore, since New York operates under a no-fault system for car and truck accidents, you must also show you have sustained a serious injury to sue. This might also take time, as you might have to undergo various tests and treatments to get medical evidence showing you pass the serious injury threshold defined in I.S.C. Law § 5102(d).
Weighing Negligence in Sleepy Hollow, NY Truck Accidents
Several parties might share fault for your truck accident injuries and damages. Our attorneys can weigh the negligence of all involved parties and hold them accountable accordingly in Sleepy Hollow.
For example, in the event that the truck driver was negligent, you can include them in your claim. However, you might also have a case against their employer because of vicarious liability. This is a type of liability that makes employers responsible for certain actions of their employees.
Based on the specifics of the accident, we may look into the truck company’s hiring practices or whether or not they perform the necessary maintenance on their vehicles. For example, an engine malfunction could make the driver lose control, resulting in an accident. In that example, the company that owns the truck would be liable. Our lawyers will clarify if the driver is employed as a regular worker or independent contractor, as that could impact your case.
Evidence that can help us determine negligence includes eyewitness statements, surveillance footage, medical records, photos, and expert witness statements.
In auto accident lawsuits of any kind, victims should examine whether they share partial fault. This can be uncomfortable but is necessary, as C.V.P. Law § 1411 states that victims who share fault for their injuries might get less compensation.
For example, say a jury decides you are 20% at fault. In that case, you would only walk away with 80% of your total damages. Our lawyers can review the evidence alongside an accident reconstruction expert to confirm the accident’s true cause. Even if you were slightly negligent, your compensation might be unaffected if we can prove the defendant had the last clear chance to prevent the accident but failed to.
Call Our Attorneys About Your Truck Crash Case Today
Call The Martello Law Firm, PLLC at (914) 685-6950 to have our truck accident lawyers review your case for free.
