Truck Accident Lawyers in Westchester County, NY

Building Your Truck Accident Case: How We Can Help

Truck accidents can be far more complex than typical car accidents. Thankfully, our Westchester truck accident attorneys understand the unique challenges of these cases. We take a thorough and strategic approach to build the strongest possible case. 

Here's how we help:

• Swift Investigation: We secure evidence like truck maintenance records, driver logs, and "black box" data — this evidence can disappear over time, so a timely investigation is crucial.
• Identifying Liable Parties: We investigate the incident to identify any responsible parties, including the driver, the trucking company, and even equipment manufacturers.
• Collaborating with Experts: We work with professionals like accident reconstruction specialists and medical experts to fully assess the impact and cost of your injuries.
• Negotiating with Insurers: We aggressively negotiate on your behalf, rejecting lowball offers and aiming for the maximum compensation you deserve.

We're committed to fighting for your rights and getting you the resources you need to start moving past your injuries.

No Truck Accident Case Is Too Complex for Our Team

Due to the size and weight of commercial vehicles, truck accidents can result in severe injuries and are therefore incredibly complex. But at Tomkiel & Tomkiel, we have the knowledge and resources to tackle even the most challenging cases.

We have experience with a wide variety of truck accidents, including:

Jackknife Accidents

‍ When the trailer of a truck swings out at an angle.

Rollover Accidents

‍ Especially dangerous due to the potential for crushing injuries.

Underride Accidents

‍ When a smaller vehicle slides underneath a truck.

Tire Blowout Accidents

‍ Which can lead to the truck driver losing control.

Head-On Collisions

‍ Which often result in catastrophic injuries or fatalities

Multi-Vehicle Accidents

‍ For which determining liability can be extremely complex.

No matter how your truck accident occurred, our team will investigate thoroughly, consult with experts, and build a strong case to secure the compensation you need to recover.

No Upfront Costs: How Our Truck Accident Attorneys Work

Financial worries can be overwhelming in the wake of a serious truck accident. That’s why, at Tomkiel & Tomkiel, we work on a contingency fee basis. This means:

• You Pay Nothing Unless We Win: You don't pay any attorney fees up front.
• Our Payment Is Based on Your Results: If we secure compensation for you, our fee is a percentage of your settlement or award.
• Free Consultations: We offer free consultations to discuss your case and go over our fee structure in detail.

This system allows you to access high-quality legal representation without the burden of out-of-pocket costs, allowing you to focus on recovery.

Ready to Start Building Your Case?

Our truck accident attorneys are here to guide you. Schedule a free consultation today to discuss your options and take the first step toward getting the resources you need.

GET FREE CASE REVIEW

The Devastating Impact of Truck Accidents: Common Injuries

The sheer force of a collision with a commercial truck can cause life-changing injuries, but we’ll fight to secure compensation that addresses your long-term needs.

Here are some of the most common types of injuries sustained in truck accidents:

Broken Bones

The immense force of a truck impact can cause severe fractures, often requiring complex surgeries, extended physical therapy, and ongoing medical care.

Brain Injuries

Truck accidents can result in traumatic brain injuries (TBIs) due to the violent jolting of the head and neck. Even concussions can have lasting consequences for a victim's physical, cognitive, and emotional well-being.

Spine Injuries

The jarring motion of a truck collision can cause major spinal cord damage, potentially leading to a lifetime of disability and chronic pain.

Burn Injuries

Truck accidents can result in fires or spills of hazardous chemicals, resulting in severe burns. These burns often cause permanent scarring and disfigurement and can require multiple reconstructive surgeries.

Catastrophic Injuries

Due to the sheer size and weight of trucks, accidents often result in catastrophic injuries. These include amputations, severe organ damage, and permanent loss of cognitive function, drastically altering a victim's life and future.

Knee Injuries

The forces involved in a truck accident can cause devastating knee injuries, including torn ligaments, meniscus damage, and dislocations, potentially leading to chronic pain and the need for surgery.

Paralysis Injuries

Spinal cord injuries sustained can result in partial or complete paralysis. This life-altering impairment drastically impacts mobility and bodily functions and may require lifelong assistance and specialized care.

& More

Truck accident victims can suffer from a wide range of devastating injuries. If you or a loved one has been injured in a truck accident, our dedicated legal team is ready to fight for the compensation you deserve.

What Can I Do If a Family Member Is Killed in a Truck Accident?

If you’ve lost a family member in a truck accident caused by the negligence of a driver, trucking company, or another party, you may be entitled to file a wrongful death lawsuit. 

Our knowledgeable attorneys have extensive experience handling wrongful death cases stemming from fatal truck accidents. We understand the complex federal and state regulations governing the trucking industry, and we know how to investigate these accidents to identify all liable parties. Our team will gather evidence, consult with experts, and work tirelessly to build a strong case on your behalf. 

We are committed to helping you seek justice for your loved one, securing compensation for medical expenses, funeral costs, lost income, and the immeasurable loss of companionship and support. Contact our firm today to discuss your case and learn how we can help you navigate this challenging time.

Common Causes of Truck Accidents Our Attorneys Investigate

Determining the cause of the accident is crucial for building your case. We have the experience and resources to conduct thorough investigations, uncovering the factors that led to your accident.

Here are some of the most common causes we investigate:

Driver Fatigue

‍ Truck drivers are often under pressure to meet tight deadlines, leading to long hours behind the wheel and drowsy driving.

Distracted Driving

Distractions like food and cell phones significantly increase the risk of an accident.

Speeding and Reckless Driving

Aggressive driving behaviors like speeding, tailgating, or making unsafe lane changes are especially dangerous for trucks.

Poor Truck Maintenance

Defective brakes, tires, or other mechanical failures can cause a truck driver to lose control.

Improperly Loaded Cargo

Overloaded or unbalanced cargo can increase the risk of a rollover or jackknife accident.

Driving Under the Influence

Alcohol can drastically alter a driver’s reaction time and judgment, frequently leading to tragic accidents.

No matter the cause of your truck accident, our team is ready to stand with you and pursue the compensation you need. If you or a loved one has been injured in a Westchester truck accident, it's essential to contact an attorney immediately to preserve evidence and understand your legal options.

Who Pays for Your Injuries After a Truck Accident?

Determining who pays for your injuries is often complex and depends on the specific circumstances of your accident.

Potentially Liable Parties

At Tomkiel & Tomkiel, our Westchester truck accident attorneys thoroughly investigate to identify all potential sources of compensation, which may include:

• The Truck Driver: If the truck driver's negligence (such as distracted driving or speeding) caused the accident, they may be held liable.
• The Trucking Company: Trucking companies are responsible for hiring qualified drivers, properly maintaining their fleet, and ensuring safety regulations are followed.
• Truck Manufacturer: If a defective part or faulty design contributed to the accident, the manufacturer could be held liable.
• Cargo Loaders: Those responsible for loading cargo must do so securely.
• Other Drivers: If the actions of another motorist contributed to the truck accident, they might share liability.

You might be eligible to seek compensation from one or more of these sources, so it’s important to connect with our attorneys to identify any and all liable parties.

Proving Liability and Securing Compensation

New York follows a no-fault car insurance system that requires drivers to first seek compensation from their own insurers, but serious truck accident injuries often lead to personal injury lawsuits. An experienced attorney can help you prove who is at fault and fight aggressively to get you the compensation you deserve.

What Happens If You Share Fault in a Westchester Truck Accident?

Even if you believe you may have made a mistake that contributed to your truck accident, don't assume you have no legal rights. New York follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident.

How Comparative Negligence Works

Under comparative negligence rules, the court will determine the percentage of fault assigned to you and other involved parties. Your compensation is then reduced by your percentage of fault. For example, if you are found 20% at fault and your total damages are $100,000, you would be able to recover $80,000.

Compensation You May Be Entitled to After a Truck Accident

The damages you can seek in a Westchester truck accident case are meant to address the full extent of your losses. The specific types of damages you may be eligible for include economic, non-economic, and punitive damages.

Economic Damages 

Economic damages cover tangible expenses like:

• Medical bills (past, present, and future)
• Lost wages and reduced earning capacity
• Property damage
• Rehabilitation and in-home care costs

Non-Economic Damages

Non-economic damages compensate for intangible losses such as:

• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life
• Disfigurement

In severe cases of gross negligence or recklessness, you may also be entitled to punitive damages intended to punish the at-fault party.

Act Quickly: Know the Time Limit for Filing Your Lawsuit

If you've been injured in a Westchester truck accident, it's crucial to act quickly to protect your legal rights. New York’s statute of limitations (the time limit you have to file a lawsuit) is usually three years from the date of the accident. However, there may be some exceptions in cases such as accidents involving government vehicles. To ensure you don’t run afoul of any relevant deadlines, contact a truck accident attorney immediately.

Why Timing Matters

Besides the statute of limitations, there are other reasons to start the legal process as soon as possible, including:

• Preserving Evidence: The longer you wait, the harder it is to gather important evidence like truck maintenance logs or witness statements.
• Avoiding Delays With Insurance Companies: Insurance companies may use stalling tactics to mitigate their losses.

Don't risk losing your right to compensation. The sooner you contact a Westchester truck accident attorney, the better positioned they will be to build a strong case on your behalf. 

Think Twice Before Accepting a Settlement Offer

After a serious truck accident, the insurance company may quickly offer you a settlement. While it can be tempting to accept that money to cover immediate expenses, it's crucial to proceed cautiously. This is because insurance companies aim to pay you as little as possible, and they rarely consider the full, long-term costs of your injuries. 

As a result, accepting a settlement too soon could mean you don't have the resources to cover all necessary medical care. And once you sign a settlement, you usually cannot seek additional compensation — even if your condition worsens.