Truck Accident Lawyers in Yonkers, NY
Truck crashes in Yonkers can be devastating. If you or a loved one has been injured, our truck accident attorneys are here to fight for the compensation you deserve and help you navigate the road to recovery.
Table Of Contents
From Gathering Evidence to Trial: How We Fight for Truck Accident Victims
Truck accident cases are often more complex than typical car accidents due to the possibility of there being multiple liable parties and the existence of federal trucking regulations. Our dedicated Yonkers truck accident attorneys understand these complexities and will:
Thoroughly Investigate
Gather evidence, identify liable parties, and consult with experts to build the strongest possible case.
Handle the Insurance Companies
Protect you from aggressive tactics and fight for fair compensation.
Pursue All Legal Options
We're prepared to negotiate a settlement or take your case to trial if necessary.
The aftermath of a truck accident can be overwhelming and exhausting, but a skilled attorney can take on the legal tasks while you focus on recovering.
We Handle Even the Most Complex Truck Accident Cases
Truck accidents take many forms, each with unique challenges and legal implications. Our Yonkers truck accident attorneys have the knowledge to handle a wide range of truck accident cases, including:
Jackknife Accidents
We'll investigate whether driver error, brake failure, or other factors led to this dangerous loss of control.
Rollovers
These accidents can be caused by speeding, imbalanced loads, or tire defects.
Underride Accidents
We advocate for victims of these devastating crashes where a car slides beneath a truck.
Multi-Vehicle Pileups
These complex accidents require meticulous investigation to identify all contributing factors.
No matter how your truck accident occurred, we have the knowledge to guide you through the legal process and fight for the compensation you deserve.
You Don't Pay Unless We Win: How Truck Accident Contingency Fees Work
We understand the financial hardships that often follow a truck accident. Medical bills, lost wages, and other expenses can be overwhelming. That's why our Yonkers truck accident attorneys work on a contingency fee basis. This means:
- No Upfront Costs: You won't pay any fees to hire our attorneys or start your case.
- You Only Pay If We Win: Our fee is a percentage of the compensation we secure for you through a settlement or court verdict.
- Free Consultations: We offer free case evaluations to discuss your situation and legal options.
Hiring a lawyer who works on contingency means you can get the experienced legal help you need regardless of your financial situation and can prioritize your health without worrying about mounting legal bills. Rest assured that we’re invested in winning your case because our compensation depends on it.
Don't Wait to Get the Help You Deserve
Don't let financial worries prevent you from getting the legal help you deserve. Contact us today to schedule your free consultation and learn how we can fight for your rights.
Understanding the Severity of Truck Accident Injuries
Due to the size and force involved in truck accidents, the resulting injuries can be severe and life-altering. Common injuries include:
Broken Bones
Complex fractures to the arms, legs, pelvis, and ribs are common, often requiring surgery and lengthy rehabilitation.
Brain Injuries
The force of impact can cause concussions, skull fractures, and brain damage, leading to long-term cognitive, behavioral, and emotional problems.
Spinal Injuries
Damage to the spinal cord can cause paralysis, loss of sensation, and other life-changing disabilities.
Burn Injuries
Truck fires, though less common, can result in severe burns with long-term physical and emotional trauma.
Catastrophic Injuries
This encompasses a wide range of severe injuries, including amputations, organ damage, severe burns, and disfigurement.
Knee Injuries
The awkward positioning in vehicles can lead to ligament tears, dislocations, and other debilitating knee injuries.
Paralysis Injuries
It is a devastating consequence that can result from spinal cord injuries or other forms of nerve damage sustained in truck accidents.
& More
Truck accidents can cause a wide range of other serious injuries, including soft tissue damage, lacerations, and psychological trauma.
Seeking Justice After a Fatal Truck Accident: We Can Help
Losing a loved one in a truck accident is a devastating tragedy. In the midst of grief, the idea of taking legal action may feel impossible. However, if the accident was caused by negligence, you may be entitled to file a wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit filed by surviving family members to seek compensation for the losses they've suffered due to their loved one's death caused by another party's negligence. Damages that may be obtained in a wrongful death claim may include:
- Medical and funeral expenses;
- Loss of the deceased's income and future earnings;
- Loss of companionship, support, and guidance;
- Emotional pain and suffering of surviving family members.
Our Yonkers truck accident attorney can guide you through the legal process, investigate the accident, and fight for the justice your family deserves.
Uncovering the Cause of Your Truck Accident
Truck accidents have a wide range of potential causes, and determining the specific factors that led to your crash is crucial for securing compensation. Our Yonkers truck accident lawyers thoroughly investigate all possible causes, including:
Driver Error
Distracted driving, fatigue, speeding, and driving under the influence can all cause devastating truck accidents.
Trucking Company Negligence
Companies might pressure drivers to meet unrealistic deadlines, cut corners on maintenance, or hire unqualified drivers.
Truck Maintenance Issues
Poorly maintained brakes, tires, or other critical components can lead to malfunctions and loss of control.
Cargo Loading Errors
Improperly loaded or unsecured cargo can cause dangerous shifts in weight, leading to rollovers or jackknife accidents.
Hazardous Road Conditions
Poor weather or road design can contribute to truck accidents, especially with larger vehicles.
Identifying the causes of an accident is essential for building a strong case. There may have been more than one factor at work in your truck accident, which makes identifying all liable parties more complex.
Multiple Parties May Be Liable for Your Truck Accident Injuries
Truck accidents often involve complex liability issues due to the multiple parties potentially responsible for your injuries. These parties may include:
The Truck Driver
Drivers can be held liable for negligence, including distracted driving, speeding, or violating traffic laws.
The Trucking Company
Companies may be responsible for negligent hiring practices, inadequate driver training, or improper truck maintenance.
Cargo Loaders
If improper cargo loading contributed to the accident, the company responsible may be liable.
Truck Manufacturers
In rare cases, defective truck parts or design flaws may contribute to an accident, making the manufacturer liable.
Government Entities
If the truck was owned by a city or county agency, or if the road conditions were a factor, there are special rules for filing claims.
Our lawyers will identify all potential sources of compensation to get you on the best possible road to financial recovery.
Can You Still Recover Damages If You Share Fault in a Truck Accident?
Even if you believe you were partially at fault for a truck accident in Yonkers, you may still be entitled to compensation. This is because New York follows a comparative negligence rule.
How Comparative Negligence Works
Under comparative negligence, your potential compensation will be reduced by your percentage of fault. For example:
If a jury finds you were 20% at fault and your total damages are determined to be $100,000, you could still recover $80,000.
Why You Need an Attorney
Insurance companies often try to maximize the percentage of fault assigned to victims to reduce payouts. An experienced Yonkers truck accident attorney will fight these tactics and work to minimize your assigned percentage of fault.
It's crucial to have an attorney assess your case to determine the potential impact of comparative negligence, even if you think you might be partially responsible.
Compensation You May Be Entitled to After a Truck Accident
Truck accidents can result in severe injuries, overwhelming financial burdens, and significant upheaval to your life. You may be entitled to compensation to help cover these losses, including economic and non-economic damages.
Economic damages compensate you for losses that are directly measurable on a financial scale. Costs that can be counted as economic damages include:
- Medical Expenses: Costs related to hospitalization, surgeries, rehabilitation, medications, and ongoing care.
- Lost Wages: Income lost due to being unable to work during your recovery.
- Loss of Earning Capacity: If your injuries permanently reduce your ability to earn the same income, you may be compensated for this loss.
Non-economic damages are intended to compensate you for the suffering you experience as a result of your accident. They include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Loss of Enjoyment of Life: Acknowledges how your injuries may limit your ability to participate in hobbies, activities, and relationships you once enjoyed.
- Other Intangible Losses: Depending on the severity of your case, this may include compensation for disfigurement, loss of consortium, and other hardships.
The amount of compensation you may be entitled to will depend on the severity of your injuries, the long-term consequences, and your financial losses. Our truck accident lawyers will fight to secure the maximum compensation possible to help you on your road to recovery.
Important Deadlines for Your Truck Accident Lawsuit
New York law sets strict deadlines, known as statutes of limitations, for filing lawsuits after a truck accident. Knowing these deadlines is crucial to protecting your right to compensation.
General Deadline
In most truck accident cases, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.
There are some exceptions to the general deadline. For instance, the clock on the statute of limitations may not start ticking for a minor until they turn 18. Deadlines can be much shorter if the truck involved in the accident was operated by a city, county, or other government entity.
Why You Shouldn't Wait
Even if the deadline seems far away, it's best to contact an attorney immediately. Here's why:
- Preserving Evidence: Evidence deteriorates over time, and witness memories fade.
- Building a Strong Case: Thorough investigations take time.
- Complex Cases: Truck accidents often involve multiple liable parties, making your case more complex.
There’s no commitment when you schedule a free consultation. Getting started as soon as possible by learning about your options can preserve your ability to seek compensation before time runs out on the statute of limitations.
Don't Accept a Quick Settlement Offer After a Truck Accident
Insurance companies representing trucking companies or other liable parties may pressure you to accept a quick settlement offer after a truck accident. These initial offers are often far less than what your case is truly worth.
Once you accept a settlement, you likely can't seek further compensation. Make sure you fully understand your legal rights and options before making a decision.
Contact us for a free consultation to discuss your case and get the skilled legal guidance you need.
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Why Choose Tomkiel & Tomkiel: Your Truck Accident Legal Team
Extensive Experience
Decades of knowledge handling complex truck accident cases.
Track Record of Success
A history of securing fair compensation for our clients.
Client-Centered Approach
We prioritize your needs and goals throughout the process.
Aggressive Advocacy
We relentlessly pursue the best possible outcome for your case.
free consultation
Focus on Healing — We'll Handle the Fight
Don't let legal worries add to your burdens. Our compassionate team will handle the complexities of your case, fighting for the compensation you need to focus on your recovery. Contact us today for a free consultation and take the first step on your path toward justice and healing.
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