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Truck Accident Lawyers in White Plains, NY

The aftermath of a truck accident in White Plains can be overwhelming. Serious injuries, lost wages, and mounting medical bills can leave you feeling unsure where to turn. If you’ve been involved in a collision with a large commercial truck, you don't have to go through this difficult time alone.

Stanley A. Tomkiel, IIIMatthew Tomkiel
Truck Accidents
  • Prenatal and Perinatal Care Complications


    Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment.

  • birth injury


    Verdict for child and parent for Brainstem injury with developmental delays resulting from mismanagement of shoulder dystocia during delivery of newborn.

  • Diagnostic Delay Case


    Delayed diagnosis of meningitis in toddler causing hearing loss with cochlear implants.

Table Of Contents

Fighting for Your Rights: How We Build Your Truck Accident Case

Truck accidents are often complex and can involve multiple liable parties, including the truck driver, the trucking company, and even vehicle or equipment manufacturers. Building a strong case requires careful investigation, evidence gathering, and a solid understanding of trucking regulations. Here's how our White Plains truck accident lawyers can help.

Identifying All Liable Parties

Our capable legal team will meticulously investigate your accident to determine which parties might be held responsible for your injuries and losses.

Collecting Evidence

We’ll secure crucial evidence like police reports, witness statements, truck maintenance logs, and "black box" data to build a strong case on your behalf.

Interpreting Complex Regulations

Our lawyers have in-depth knowledge of complex state and federal trucking regulations. They’ll use it to uncover any violations that may have contributed to your accident.

Negotiating and Litigating Aggressively

We’ll negotiate firmly with the insurance companies to reach a fair settlement. If necessary, we’re prepared to take your case to court to fight for maximum compensation.

We Take on the Most Challenging Truck Accident Cases in White Plains

Truck accidents can occur in a number of different ways due to the size of large commercial vehicles and the way they maneuver. Here are some of the most common types of truck accidents that occur in White Plains.

Jackknife Accidents

A jackknife happens when the trailer of a truck swings out at an angle, forming a V-shape with the cab. Jackknifing can block multiple lanes of traffic and lead to serious collisions.

Rollover Accidents

Truck rollovers are especially dangerous. They can be caused by taking turns too quickly, uneven cargo loads, or high winds.

Underride Accidents

These devastating accidents occur when a smaller vehicle slides underneath a truck's trailer. This typically happens when a truck stops suddenly or at night when visibility is poor.

Tire Blowouts

Malfunctioning tires or improper maintenance can lead to blowouts, causing the truck driver to lose control and potentially resulting in multi-vehicle accidents.

Focus on Recovery, Not Expenses: Our Contingency Fee Approach

Financial concerns can be a major source of stress after a serious truck accident. We believe you shouldn't have to worry about how to pay for legal representation on top of your medical bills and other expenses. That's why we work on a contingency fee basis. This means:

  • No Upfront Fees: You won't be asked to pay anything out of pocket to initiate your case.
  • You Only Pay If We Win: The fee we claim is a percentage of the compensation we secure for you; if we don't win your case, you owe us nothing.
  • Shared Risk, Shared Goal: This structure aligns our interests with yours, ensuring that we’re fully invested in fighting for the compensation you deserve.

Our contingency fee structure allows us to offer our personal injury law services to clients from all walks of life and in diverse circumstances.

Start Down the Path to Recovery

Don't face the consequences of your truck accident alone. Take the first step toward securing the compensation you need to rebuild your life. Contact us today for a free, no-obligation case evaluation.


Understanding Common Truck Accident Injuries

Truck accidents can be life-altering events. Due to the sheer size and force of these vehicles, the injuries sustained in the collisions they cause are often severe and long-lasting.

Broken Bones

Fractures and broken bones are frequent occurrences in truck accidents, ranging from minor breaks to compound fractures requiring surgery.

Brain Injuries

Traumatic brain injuries (TBIs), including concussions and severe brain damage, can result in long-term cognitive, behavioral, and emotional difficulties.

Spine Injuries

Spinal cord injuries are among the most devastating consequences of truck accidents. They can lead to partial or complete paralysis and drastically affect a person's quality of life.

Burn Injuries

Burns caused by fires or explosions can result in severe scarring and disfigurement and require extensive medical treatment.

Catastrophic Injuries

A catastrophic injury is one that’s severe and life-changing. These types of injuries often involve permanent disability.

Knee Injuries

Knee injuries like dislocation and torn ligaments are common in truck crashes, leading to mobility challenges and chronic pain.

Paralysis Injuries

Permanent paralysis affecting a person's limbs and organs can be a heartbreaking consequence of a truck accident.

& More

Truck accidents can result in a wide variety of other serious injuries as well.

Losing a Loved One in a Truck Accident: Your Legal Options

Losing a family member in a truck accident is a deeply affecting experience. During this unimaginably difficult time, seeking legal advice may not be your first thought. However, it's important to understand your rights and options.

Navigating the legal system after such a tragic loss can be complex. Here's what you need to know.

Wrongful Death Claims

If the accident resulted from negligence, you may be eligible to file a wrongful death claim. Doing so allows you to seek compensation for losses like medical expenses, lost income, loss of companionship, emotional distress, and funeral and burial expenses.

Seeking an Attorney

A skilled truck accident attorney can handle all of the necessary legal duties, giving you and your family space to grieve, heal, and plan for the future.

Gathering Evidence

Your attorney will work to preserve evidence and construct a strong case for you. This may involve investigating the trucking company, obtaining driver records, and reviewing any relevant regulations that may have been broken.

Common Causes of Truck Accidents in White Plains

Truck accidents are often the result of negligence or preventable errors. Our lawyers have the experience and resources needed to conduct thorough investigations and uncover the root cause of your accident. Here are some of the most common causes we see.

Driver Fatigue

Truck drivers are often under pressure to meet tight deadlines, leading to long hours on the road and drowsiness.

Distracted Driving

Texting, eating, adjusting GPS devices, and other distractions can take a truck driver's focus off the road with devastating consequences.

Mechanical Failures

Poor truck maintenance, worn brakes, faulty tires, and other mechanical issues can cause a truck to malfunction.

Improper Cargo Loading

If cargo is loaded or secured incorrectly, it can cause the truck to become unstable or increase the chances of a cargo spill.

Aggressive Driving

Speeding, unsafe lane changes, and tailgating are dangerous behaviors that truck drivers sometimes engage in.

Driving Under the Influence

Though it’s highly illegal, some truck drivers operate vehicles under the influence of drugs or alcohol, putting everyone on the road at risk.

When we take your case, one of our first tasks will be to look into the cause of your truck accident. Doing so will enable us to identify the parties accountable for your resulting injuries.

Who Is Responsible for My Truck Accident Injuries?

Truck accidents often involve multiple parties, any of whom could be held liable for injuries. This complexity can make it tricky to figure out who pays for your medical bills and other losses. Here's a breakdown of potential sources of compensation:

The Truck Driver

If the driver's negligence caused the accident, their insurance coverage may provide financial restitution.

The Trucking Company

Trucking companies can be held responsible for negligent hiring, inadequate training, improper maintenance, or unreasonable scheduling demands.

Cargo Loaders

If the accident was caused by poorly loaded or unsecured cargo, the company responsible for loading may share liability.

Truck Manufacturers

In rare cases, a faulty part or mechanical defect in the truck could give rise to an accident, making the manufacturer liable.

Your Auto Insurance

Your own insurance might have coverage like personal injury protection (PIP) or MedPay, which can provide initial compensation regardless of fault.

An experienced truck accident attorney can thoroughly investigate your case and identify all potentially liable parties to maximize your chances of securing fair and adequate compensation.

Can I Get Compensation If I Share Fault in a Truck Accident?

Truck accident cases can be complicated, especially when questions of fault arise. New York state follows a pure comparative negligence system. This means that even if you were partially responsible for the accident, you might still be entitled to compensation. Here's how it works.

Determining Fault

Your attorney will work diligently to analyze the accident and determine the percentage of fault attributable to each party involved. This may include the truck driver, the trucking company, and yourself or other drivers.

Reduced Compensation

Once the necessary investigations have concluded, your compensation will be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault, your total award would be reduced by 20%.

Fighting for Fairness

It's important to have a dedicated attorney on your side to challenge any unfair assignment of fault and ensure that you receive the maximum compensation allowed by law.

What Compensation Can I Receive After a White Plains Truck Accident?

Truck accidents can cause life-changing injuries, leading to financial hardship in addition to physical and emotional pain.

If you’ve been injured in such an accident, you may be entitled to various damages, or monetary awards designed to compensate specific types of losses. There are two primary types of damages available in personal injury cases: economic damages and non-economic damages:

Economic damages include:

  • Medical Expenses: All medical costs related to the accident, including hospital stays, surgeries, medications, and rehabilitation.
  • Lost Wages: Reimbursement for income lost due to an inability to work.
  • Future Earning Potential: Compensation for any reduction in your ability to earn a living in the future.
  • Property Damage: Costs associated with repairing or replacing your vehicle or other personal belongings.

Non-economic damages are meant to reflect:

  • Pain and Suffering: Compensation for physical pain, emotional trauma, and mental anguish.
  • Loss of Enjoyment of Life: Acknowledges the impact of the accident on your daily life and activities.
  • Loss of Consortium: For cases where an accident affects the victim’s relationship with a spouse or other loved one.

In situations where the at-fault party’s actions were especially reckless or malicious, the court may also award punitive damages to punish them and deter similar behavior in the future. That said, punitive damages are relatively rare in personal injury cases.

Time Limits for Filing a Truck Accident Lawsuit in White Plains

Like other claims, truck accident cases are subject to strict time limits known as statutes of limitations. In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. Wrongful death lawsuits typically have a two-year statute of limitations.

Why Timing Matters

It's crucial to speak with a qualified truck accident lawyer as soon as possible after your accident to protect your rights and begin weighing your legal options. Here’s why:

  • Preserving Evidence: The sooner you file your claim, the sooner your attorney can start gathering evidence before it’s lost or altered.
  • Sending a Message: Filing a lawsuit within the legal time limit shows the insurance companies that you’re serious about pursuing your case.
  • Avoiding Loss of Rights: If you miss the statute of limitations, you’ll likely lose your right to seek compensation.

In cases where a government vehicle contributes to an accident, the time limit for filing a lawsuit can be much shorter. For this reason, it’s important not to delay.

Truck accident attorney White Plains NY

Why You Shouldn't Rush to Settle Your Truck Accident Case

Following a truck accident, the at-fault party’s insurance company may be quick to offer you a settlement. While it can be tempting to accept a fast payout, it's crucial to remember that these initial offers are often far less than what your case is truly worth.

Underestimated Costs

The full extent of your injuries and financial losses may not be immediately apparent. Accepting a settlement too early could leave you without enough money to cover future medical expenses, lost wages, and other long-term costs.

Insurance Company Tactics

Insurance companies are businesses. They’re focused on maximizing profit, which means minimizing payouts. They may try to pressure you into accepting a meager settlement before you realize the full impact of your injuries.

Your Right to Fair Compensation

You deserve to be compensated fully for the pain, suffering, and financial hardships you’ve experienced due to your accident. Don't let the insurance companies undervalue your case.

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Why Choose Tomkiel & Tomkiel for Your Truck Accident Case?

40+ Years of Experience

We have a proven track record of success in handling complex truck accident cases.

We Come to You

Our convenient in-home consultations accommodate your needs after an accident.

Connect via Zoom

We offer flexible virtual meetings for ease and accessibility.

Available 24/7

Our team is highly responsive and always available to answer your urgent questions.

free consultation

The Road to Recovery Starts Here

Moving on in the wake of a devastating truck accident can be hard. Fortunately, you don’t have to do it alone.

Take the first step toward securing the compensation you need to focus on healing. Contact Tomkiel & Tomkiel today for a free, no-obligation case evaluation.

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