At Jeffrey Weiskopf, P.C., we understand the life-changing impact a truck accident can have on injury victims and their families. These types of accidents are often far more catastrophic than car accidents due to the enormous size and weight of commercial trucks.
This is why truck accidents often lead to devastating injuries and even fatalities. Our truck accident attorneys offer dedicated legal representation for truck accident victims throughout New York.
Whether you have been injured in a truck accident or have lost a loved one in a wrongful death case, we are here to help you seek justice. We provide a free consultation and case evaluation to anyone seeking to explore their legal options, and we can be reached at 914-350-5175.
Truck accidents are governed by state and federal trucking laws. These laws are designed to make certain that commercial trucking companies and their drivers operate safely on the roads. In New York, trucking regulations include requirements related to driver qualifications, hours of service, vehicle maintenance, and cargo loading. Federal laws, particularly those enforced by the Federal Motor Carrier Safety Administration (FMCSA), also play a significant role in regulating the trucking industry.
When a truck accident occurs, proving liability can be difficult and complex. Trucking companies, drivers, and even manufacturers may be held accountable if they have violated these regulations or failed to uphold their legal duties. Negligence on the part of the truck driver, such as driving under the influence, distracted driving, or failing to adhere to safety protocols, can result in serious legal consequences. Similarly, trucking companies that fail to properly maintain their vehicles or push their drivers to exceed legal driving limits can be held liable for accidents caused by their negligence
When filing a truck accident claim in New York, the injured party or their family bears the burden of proof. It is essential to establish that the truck driver, trucking company, or other party failed in their duty to act responsibly, leading to the accident. To do this, we need to demonstrate four key elements: duty of care, breach of that duty, causation, and damages.
The first element involves showing that the truck driver or company had a duty to operate their vehicle safely and in accordance with state and federal law. Next, we must prove that this duty was breached through actions such as reckless driving, improper maintenance, or violations of trucking regulations.
Once a breach has been established, we need to connect that breach directly to the accident and the injuries or loss suffered. Finally, we quantify the damages resulting from the accident, which could include medical expenses, lost wages, pain and suffering, and, in the case of wrongful death, the loss of a loved one.
In many cases, expert testimony is crucial in proving negligence and calculating damages. This can include input from accident reconstruction specialists, medical professionals, and industry experts who help establish how the accident occurred and the extent of the harm caused.
There are many types of truck accidents, and each with its own set of challenges and contributing factors. A few of the most common types of truck accidents include:
When you come to us after a truck accident, the first step is a free consultation where we listen to your story, gather information about the truck accident, and discuss your valuable legal options. From there, we begin the investigation, which involves collecting evidence such as police reports, witness statements, truck maintenance logs, and driver records. We also secure data from the truck’s black box, which records key details like speed, braking, and engine performance leading up to the accident.
Once we have gathered the necessary evidence, we will file a trucking accident complaint on your behalf in the appropriate New York State or Federal Court. During the pre-trial phase, we engage in discovery, exchanging information with the opposing party and preparing for possible mediation or negotiation to reach a settlement. If a settlement cannot be reached, we proceed to trial, where we present your case in court and work to secure a favorable verdict.
In the event of a wrongful death claim, we handle the entire process with sensitivity and care, knowing that this is an incredibly difficult time for your family. We are dedicated to providing support every step of the way.
In New York, the injured party themselves can file a truck accident injury lawsuit. If the injured party is unable to file due to incapacitation, a legal guardian or representative can do so on their behalf. In the case of a wrongful death, certain family members or the estate of the deceased can file a claim. This typically includes the spouse, children, parents, or other dependents of the deceased.
It’s important to act quickly after an accident, as legal time frames limit how long you have to file your lawsuit. We are here to help you understand whether you qualify to bring a claim and how best to proceed.
New York’s statute of limitations for bringing a truck accident injury lawsuit in New York is generally three years from the date of the accident. However, for wrongful death claims, the time limit is typically two years from the date of death. These time frames are strict, and failing to file within them could prevent you from pursuing any legal action. In some cases, there may be exceptions or extensions, such as when the injured party is a minor or when the injury wasn’t immediately apparent.
It is critical that you contact us as soon as possible to ensure that your case is filed within the appropriate time frame.
It is essential to speak with our firm if you or a member of your family has been harmed in a truck accident. These claims are complex and involve multiple parties, including the trucking company, their insurers, and other potential defendants. Having an experienced team by your side ensures that your rights are protected and that the responsible parties are held accountable. We are here to provide the legal guidance and representation you need to pursue the compensation you deserve.
Truck accidents often result in significant financial and emotional burdens, and we want to alleviate those stresses by handling every aspect of your case. From the initial consultation through trial and even appeals, if necessary, we are committed to standing by you every step of the way.
Retaining Jeffrey Weiskopf, P.C. means choosing a law firm with the experience and dedication needed to handle even the most complex truck accident cases. Jeffrey Weiskopf is a highly skilled trial lawyer and negotiator who has successfully recovered millions of dollars for his clients. Whether through settlement, mediation, or trial, we are committed to achieving the best possible outcome for you and your family.
Our firm takes a client-centered approach, working closely with you to make certain that you are supported and informed throughout the entire process. We offer a free consultation and case evaluation to help you get started, and we welcome you to contact us at 914-350-5175 to discuss your case.
If you or a loved one has been injured in a truck accident or if you have lost a family member in a truck accident, it is very important that you seek legal advice as soon as possible. Contact Jeffrey Weiskopf, P.C. today at 914-350-5175 to schedule your free consultation. Our office is located at 30 State St, Suite 2B, Ossining, NY 10562, and we are ready to help you fight for the compensation and justice you deserve.
Liability in a truck accident can extend to multiple parties, depending on the specifics of the case. Common defendants in these claims include the truck driver, the trucking company, the truck manufacturer, and even the company responsible for loading the cargo. Each of these parties may bear responsibility for the accident if their negligence contributed to the crash. For instance, if the driver was operating under the influence or fatigued due to excessive hours on the road, they and their employer could be held liable. Similarly, if a faulty truck part led to the accident, the manufacturer may be liable. We conduct a thorough investigation to identify all parties that may be responsible for your injuries or loss.
In the aftermath of a truck accident, your safety and health are the top priority. Seek medical attention right away, even if you don’t think your injuries are severe. Truck accidents often result in delayed symptoms, and having a medical professional document your condition is crucial. If possible, gather as much evidence as you can at the scene, such as photos, contact information for witnesses, and any details about the truck and driver involved. It’s also essential to contact law enforcement so that a police report can be filed. Finally, contact our truck accident attorney to discuss your legal options and begin the claims process.
Truck accident cases often hinge on several critical pieces of evidence. This includes police reports, witness statements, and photographs from the scene. However, in truck accident cases, we also rely on specialized evidence such as the truck’s “black box” data, which records speed, braking, and other vehicle operations. Truck driver logs, maintenance records, and surveillance footage may also be vital. We obtain all necessary records and documentation to build the strongest possible case on your behalf.
The duration of a truck accident case can vary widely based on several factors, including the complexity of the accident, the severity of the injuries, and whether the case is settled out of court or goes to trial. Many trucking accident cases are resolved through settlement negotiations in a matter of months, while others that require extensive litigation could take years. While we always strive to reach a resolution as efficiently as possible, our priority is to ensure that you receive the full compensation you are entitled to, even if that means going to trial.
There are several reasons why it’s important to contact an attorney as soon as possible after a truck accident. First, evidence can quickly disappear—trucking companies may destroy or lose driver logs, black box data, or maintenance records if they are not preserved promptly. Additionally, there are strict statutes of limitation that limit how long you have to file a claim. An attorney can act swiftly to protect your rights, gather critical evidence, and ensure that your case is filed within the appropriate legal deadlines.
Truck accidents differ significantly from passenger accidents due to the size and weight of commercial trucks. These factors make truck accidents far more likely to result in catastrophic injuries or fatalities. Trucking companies are also subject to stringent federal and state regulations, which can complicate the legal process. Moreover, truck accident claims often involve larger insurance policies, meaning that insurers will aggressively defend against these claims. For these reasons, it’s essential to work with a trucking accident attorney who has extensive experience handling truck accident cases.
An attorney plays a critical role in handling the many complexities involved in a truck accident case. We will handle all communications with insurance companies, gather evidence, consult with experts, and negotiate on your behalf. If a settlement cannot be reached, we are fully prepared to represent you in court. Having an attorney by your side ensures that your case is thoroughly prepared and that you receive the economic compensation your case deserves for your injuries or loss.
These FAQs are designed to help clarify some of the most common questions that arise after a truck accident. At Jeffrey Weiskopf, P.C., we are here to provide answers and guide you through this challenging process. If you have questions or need legal representation, call us to receive your free consultation.
Jeffrey Weiskopf, P.C.
