Accidents involving commercial trucks can be catastrophic and cause severe injuries or fatalities.
The aftermath of a truck accident can be overwhelming, especially if you or your loved one was injured. If you or a loved one have been involved in a truck accident in Nassau, you need an experienced Nassau truck accident lawyer to help you navigate the legal process.
We are here to help you file a claim and recover full compensation for your injuries and losses. The first step is to contact our office to schedule a free consultation.
Causes of Nassau County Truck Accidents
Various factors, including driver error, equipment failure, and weather conditions, can cause truck accidents.
Call us today at 516-221-7900 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.
According to the National Highway Traffic Safety Administration (NHTSA), the leading causes of truck accidents are:
Driver Fatigue
Driver fatigue is a significant factor in many truck accidents. Truck drivers are often required to work long hours, leading to fatigue and decreased alertness on the road. According to the National Highway Traffic Safety Administration (NHTSA), driver fatigue accounts for approximately 13% of truck accidents.
Fatigue can affect a driver’s ability to make sound decisions, react quickly to changing road conditions, and maintain vehicle control. This can lead to serious accidents, injuries, and fatalities.
The Federal Motor Carrier Safety Administration (FMCSA) has implemented Hours of Service (HOS) regulations for truck drivers to combat driver fatigue. These regulations limit the hours a truck driver can drive and require mandatory rest periods.
However, some trucking companies and drivers may violate HOS regulations to meet deadlines or increase profits, leading to driver fatigue and unsafe driving practices. If you have been injured in a truck accident due to driver fatigue, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Speeding
Speeding is a common cause of truck accidents. Commercial trucks require a longer stopping distance due to their size and weight, and speeding can increase the risk of an accident. According to the National Highway Traffic Safety Administration (NHTSA), speeding was a factor in 17% of fatal truck accidents in 2019.
Speeding can also make it difficult for truck drivers to maintain control of their vehicles, especially in adverse weather conditions. It can also increase the severity of injuries in an accident.
The Federal Motor Carrier Safety Administration (FMCSA) has implemented speed limiters for commercial trucks to combat speeding. These limiters restrict the speed of trucks to a predetermined maximum speed.
However, some truck drivers and companies may still exceed the speed limit to meet deadlines or increase profits, putting themselves and others on the road in danger. If you have been injured in a truck accident due to speeding, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Distracted Driving
Distracted driving is a common cause of truck accidents. Truck drivers may be distracted by cell phones, navigation systems, or other devices while driving, leading to accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving was a factor in 8% of fatal truck accidents in 2019.
Distracted driving can impair a driver’s ability to react quickly to changing road conditions, maintain vehicle control, and make sound decisions. This can increase the risk of an accident and cause serious injuries or fatalities.
To combat distracted driving, the Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations restricting cell phone use and other electronic devices while driving. These regulations prohibit drivers from holding a mobile device to make calls, texting, or using other applications while driving.
However, some truck drivers and companies may still engage in distracted driving behaviors, putting themselves and others in danger. If you have been injured in a truck accident due to distracted driving, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Equipment Failure
Equipment failure is another common cause of truck accidents. Truck components, such as brakes and tires, can malfunction, leading to accidents. According to the National Highway Traffic Safety Administration (NHTSA), equipment failure was a factor in 10% of fatal truck accidents in 2019.
Equipment failure can occur for various reasons, including improper maintenance, manufacturing defects, or wear and tear. Equipment failure can impair a driver’s ability to maintain control of the vehicle, leading to accidents.
To combat equipment failure, the Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations that require regular inspections and maintenance of commercial trucks. These regulations require trucking companies to maintain and repair their vehicles to ensure they operate safely.
However, some trucking companies may cut corners on maintenance to save money, putting themselves and others on the road in danger. If you have been injured in a truck accident due to equipment failure, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Improper Cargo Loading
Improper cargo loading is another common cause of truck accidents. When cargo is not loaded correctly, it can shift the truck’s weight, causing it to tip over or lose control. According to the National Highway Traffic Safety Administration (NHTSA), improper cargo loading was a factor in 4% of fatal truck accidents in 2019.
Improper cargo loading can occur for various reasons, including inadequate securing of cargo, overloading, or uneven weight distribution. When cargo is not loaded correctly, it can affect the balance and stability of the truck, leading to accidents.
To combat improper cargo loading, the Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations that require trucking companies to follow specific guidelines for loading and securing cargo. These regulations require trucking companies to ensure that their cargo is properly secured, evenly distributed, and not overloaded.
However, some trucking companies may violate these regulations to save time and increase profits, putting themselves and others on the road in danger. If you have been injured in a truck accident due to improper cargo loading, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Injuries in a Truck Accident
Truck accidents can cause severe injuries and even fatalities. The following are common injuries that can result from a truck accident:
- Traumatic Brain Injury (TBI): A TBI can occur due to a violent blow or jolt to the head, leading to brain damage.
- Spinal Cord Injury (SCI): A SCI can result in partial or complete paralysis, depending on the location and severity of the injury.
- Broken Bones: Broken bones are common in truck accidents due to impact force.
- Burns: Burns can result from a fire or explosion in a truck accident.
- Internal Injuries: Internal injuries can occur due to blunt force trauma, damaging internal organs.
How to File a Claim
If you have been injured in a truck accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
To file a claim, follow these steps:
- Seek Medical Attention: Your health and safety are the top priority. Seek medical attention immediately, even if you do not think you are injured.
- Contact an Attorney: A Nassau truck accident lawyer can help you determine if you have a case and guide you through the legal process.
- Document the Accident: Collect evidence such as photographs, witness statements, and police reports.
- File a Claim: Your attorney can help you file a claim with the insurance company and negotiate a settlement.
Why Hire a Nassau Truck Accident Lawyer
A Nassau truck accident lawyer can help you in several ways, including:
- Investigating the Accident: An attorney can investigate the accident and collect evidence to build a strong case.
- Negotiating a Settlement: An attorney can negotiate with the insurance company on your behalf to ensure you receive fair compensation.
- Representing You in Court: If necessary, an attorney can represent you and fight for your rights.
- Handling the Legal Process: A Nassau truck accident lawyer can guide you through the legal process, including filing paperwork and dealing with insurance companies.
Frequently Asked Questions
How much compensation can I receive for a truck accident?
The compensation you can receive for a truck accident varies depending on the severity of your injuries, the extent of property damage, and other factors. Your Nassau truck accident lawyer
can help you determine the value of your case and fight for fair compensation.
Who is liable for a truck accident?
The liable party in a truck accident can vary depending on the circumstances of the accident. The truck driver, trucking company and other parties involved in cargo transportation can be held liable for a truck accident.
How long do I have to file a claim for a truck accident?
The statute of limitations for filing a truck accident claim in New York is three years from the accident date. It is important to consult with a Nassau truck accident lawyer as soon as possible to protect your rights.
Can I still file a claim if I was partially at fault for the truck accident?
New York operates under a comparative negligence system, meaning you can still file a claim even if you were partially at fault for the accident. Your compensation may be reduced based on your percentage of fault in the accident.
Can I sue the trucking company for the actions of their employee?
Yes, you can sue the trucking company for their employee’s actions if the employee acted within the scope of their employment at the time of the accident.
What should I do if the trucking company’s insurance company contacts me?
Do not speak to the insurance company without consulting with a Nassau truck accident lawyer. The insurance company’s primary goal is to minimize their liability and pay you as little as possible. Your attorney can handle all communications with the insurance company to protect your rights.
How long does a truck accident case take to settle?
The timeline for a truck accident case to settle varies depending on the case’s complexity and the parties’ willingness to negotiate a settlement. Some cases may settle within a few months, while others may take several years to resolve.
Can I still file a claim if the truck driver fled the scene?
Yes, you can still file a claim if the truck driver fled the accident scene. Your Nassau truck accident lawyer can help you identify the driver and hold them accountable for their actions.
Can I sue for punitive damages in a truck accident case?
Punitive damages are awarded in cases of egregious or intentional wrongdoing. While they are not commonly awarded in truck accident cases, your Nassau truck accident lawyer can determine if your case warrants a claim for punitive damages.
How much does it cost to hire a Nassau truck accident lawyer?
At The Law Offices of Joseph J. Perrini, III, we work on a contingency fee basis, meaning you do not pay any upfront fees or costs. We only receive a payment if we win your case; our fee is a percentage of the settlement or verdict amount.
Contact Our Legal Team for Help with Your Truck Accident Case in Nassau County, NY
Truck accidents can cause severe injuries and financial losses. If you or a loved one has been involved in a truck accident in Nassau, consulting with an experienced Nassau truck accident lawyer is essential.
At The Law Offices of Joseph J. Perrini, III, we are dedicated to helping our clients obtain the compensation they deserve. Contact us today for a free consultation.
Call us today at 516-221-7900 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.
“Joseph J Perrini, esquire and his staff were top-notch and extremely caring and professional from the inception to the conclusion of my case. They got me so much more money than I expected and I strongly recommend anyone injured in an accident to use their”
- Margaret H.