Crashes involving large vehicles often result in more severe injuries for victims, who have the right to seek compensation through New York 18-Wheeler Accident Lawyers and construction accident attorneys. This support helps them avoid financial burdens and focus on recovering from their injuries.
New York, as one of the world’s major commercial hubs, sees a constant flow of heavy trucks on its roads, transporting goods across the city.
Due to their weight and size, these vehicles significantly increase the risk of victims sustaining common construction-related injuries, catastrophic injuries, or even fatal injuries when involved in traffic accidents.
According to the National Safety Council (NSC), more than 5,700 fatal accidents in the United States in 2021 involved large vehicles—a 17% increase from the previous year. These incidents disproportionately impact occupants of smaller vehicles and pedestrians, who are the most vulnerable in such crashes.
If you or a loved one has been affected by an accident involving an 18-wheeler in New York, you don’t have to face this process alone. At Gorayeb & Associates, our experienced attorneys are dedicated to protecting your rights and securing the compensation you deserve. Contact us today for a consultation.
Traffic accident victims are entitled to compensation for the injuries they have sustained. This compensation covers medical expenses, psychological injury compensation (such as stress, depression, or emotional distress), and even lost wages if the victim is unable to work due to the accident.
For this reason, victims need the support of experienced truck accident lawyers, such as NY Semi-Truck Accident Attorneys to obtain fair compensation. The expert legal team at Gorayeb & Associates assists in the following ways:
Once we have built a strong case with these elements, we file the claim with the insurance company and negotiate with them to secure fair compensation for you. Please note that at every stage of the negotiation, we will consult with you on each decision and present all available options.
If a satisfactory settlement is not reached with the insurance company during negotiations, we will take legal action against the responsible party in court and closely monitor the trial.
You don't have to pay anything out of pocket. Even if the case goes to court, we cover all the expenses of the process, and our work doesn't end until there is a verdict.
At Gorayeb & Associates, we only receive a small portion of the final compensation (which we agree on with you in advance in a contract), and only if we win the case.
One of the major dangers of 18-wheel trucks is their structure, which typically consists of two parts: the trailer and the tractor. Keeping both components aligned requires a high level of technical driving expertise, as any mistake can cause the trailer and tractor to lose balance, resulting in an accident.
The size of these vehicles is enormous. Therefore, when a large truck and a car collide, the injuries to the occupants are often much more severe. To help prevent tragedies, the New York Department of Transportation outlines the common types of accidents involving 18-wheel trucks:
Jackknife
A "jackknife" accident occurs when the truck accelerates too quickly while turning or skids while braking on a wet road. This causes the cabin to lose alignment with the trailer, resulting in the driver losing control of the vehicle, potentially leading to a crash or overturning.
Flat tires
Each tire of an 18-wheel truck weighs around 110 pounds (compared to about 20 pounds for a regular car tire). Because of their large size, when these tires blow out, there is a risk of the truck overturning or the tire detaching, potentially striking other vehicles or pedestrians.
Wide turns
Driving an 18-wheel truck requires more skill than driving a regular car, especially when making sharp turns. For instance, a "wide turn" is needed to create enough space for the vehicle to turn. Accidents can occur when the driver fails to notice vehicles in the adjacent lanes.
Blind spots
All vehicles have blind spots, but they are much larger on 18-wheel trucks due to their length. Drivers must have a high level of skill to navigate around these numerous blind spots safely.
Rear-end collisions
When a vehicle brakes suddenly, the vehicle behind may not be able to stop in time and crashes into the rear. While rear-end accidents between cars may not always result in severe consequences, when the rear-colliding vehicle is an 18-wheel truck, the risk of injury is much higher. Large trucks take longer to come to a complete stop, so motorists must always remain aware of this fact.
Side-impact collisions
Known as "T-bone" accidents, these occur when one vehicle crashes into the side of another, typically at intersections where a smaller road merges into a larger, faster-moving road.
There are many different causes that lead to traffic accidents. Among the top five are:
Driving above the speed limit
In high-speed collisions, there is a greater likelihood of passengers suffering serious, catastrophic, or fatal injuries. Large trucks, especially 18-wheelers, must be especially cautious about their speed, as even when adhering to speed limits, they may still be at risk of accidents if there are circumstances such as, for example, a wet road.
Engaging in distracted driving
Distracted driving refers to taking your eyes off the road for any reason: from checking the GPS to turning around to speak to someone in the back seat. In the case of transport trucks, whose drivers are required to spend several hours behind the wheel continuously, safety protocols should be especially stringent.
If they need to eat or drink, they should never do so while driving; instead, they should pull over and eat or drink only when the truck is stationary.
Driving under the influence of alcohol or drugs
To endure long driving hours, some drivers resort to alcohol or drugs. These substances slow down their reactions and reflexes, and impair their visual capacity. This is why it is so dangerous for someone to drive under the influence.
Companies operating 18-wheel trucks are required to perform tests on their drivers to rule out conditions like alcoholism or drug addiction.
Engaging in reckless driving
Reckless driving encompasses any behavior behind the wheel that puts other drivers at risk. These behaviors are often caused by rush, stress, or impatience, and include actions like tailgating, passing in restricted lanes, or driving against traffic.
Suffering from "truck driver fatigue"
The law requires companies operating 18-wheel trucks to provide drivers with breaks after certain continuous driving hours. If a driver does not rest, they run the risk of suffering from "truck driver fatigue," a condition where accumulated fatigue results in a loss of reaction capacity.
In fact, the Federal Motor Carrier Safety Administration published a study confirming that driving for 18 continuous hours is equivalent (in terms of loss of reflexes) to having 0.08 blood alcohol content (which is double the legal limit).
Sometimes the causes of an accident are due to third parties, such as poorly maintained roads or mechanical failures, and at other times, they are caused by circumstances beyond the vehicles, such as extreme weather or animals crossing the road.
New York Trucking Accident Law Firms advise victims to thoroughly investigate all potential causes, especially when the fault lies with third parties or external factors.
Due to the numerous risks involved in serious accidents, the potential injuries vary and are often dependent on the type of collision. Some of the most common injuries include:
When an 18-wheeler causes an accident, determining fault is often more complex than it might initially appear. While the driver may be partially responsible, other parties frequently play a role in causing or contributing to the accident. Understanding the potential sources of liability is crucial for building a strong legal case and securing fair compensation.
1. The truck driver
Truck drivers are often the first to be scrutinized in accident investigations. They may be held responsible if they were negligent or violated traffic laws. Common causes of driver-related negligence include:
2. The trucking company
The trucking company may bear significant responsibility if they fail to follow safety regulations or cut corners to increase profits. Key factors include:
3. The vehicle manufacturer
In some cases, the accident may be traced back to a defect in the truck itself. This could include:
If a mechanical defect caused the accident, the manufacturer of the truck or the defective part may be held liable under product liability laws.
4. The cargo loaders or shipping company
Improperly loaded or secured cargo can make a truck unstable, leading to rollover accidents or cargo spills that create road hazards. Common examples of negligence by cargo loaders include:
5. Other potentially responsible parties
At Gorayeb & Associates, our experienced New York tractor-trailer accident lawyers work with accident reconstruction experts and industry professionals to build a strong case. Our goal is to ensure that every responsible party is held accountable, maximizing your compensation.
New York laws unequivocally protect the rights of all individuals involved in accidents, regardless of their immigration status. This protection is rooted in the legal principle that all people, regardless of citizenship or residency, have the right to seek justice and compensation if they are injured due to someone else’s negligence.
For undocumented immigrants, this means you have the same right to file a personal injury claim or lawsuit as any other resident of New York.
Legal protections for undocumented individuals
Under New York law, immigration status cannot be used as a defense to deny compensation for injuries caused by an accident. Courts in New York have consistently upheld the principle that everyone is entitled to seek remedies for injuries.
For example, in the landmark case Balbuena v. IDR Realty LLC, the New York Court of Appeals ruled that undocumented workers injured on the job are entitled to pursue compensation, emphasizing that immigration status does not negate an individual's right to legal protection;
Similarly, New York’s no-fault insurance laws ensure that accident victims, regardless of immigration status, can receive compensation for medical bills and lost wages after a motor vehicle accident, including those involving large trucks.
Beware of insurance company tactics
If you’ve been injured in a large truck accident, it’s important to be aware that insurance companies may attempt to use your immigration status against you. Representatives might try to intimidate you, suggesting that filing a claim could expose you to immigration authorities or jeopardize your status. These tactics are designed to discourage claims and minimize payouts.
Do not be afraid. The law explicitly prohibits using immigration status as a means to deny or reduce compensation. You have every right to seek justice and recover damages for your injuries.
How Gorayeb & Associates can help
At Gorayeb & Associates, our New York Truck Accident Attorneys specialize in representing undocumented individuals injured in truck accidents. We understand the unique challenges undocumented immigrants face and work tirelessly to protect your rights. Our experienced legal team ensures that you are treated fairly, holding negligent parties accountable for your injuries.
We assist you in gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Our goal is to secure maximum compensation so you and your loved ones can focus on recovery without the stress of financial burdens.
It is not possible to determine a specific amount that may be awarded after winning a large truck accident compensation case in New York. Each case is evaluated based on its unique circumstances.
However, compensation amounts are closely tied to the severity of the injuries. Generally, the longer the victim requires to recover, the higher the benefits they may be entitled to. These benefits are typically divided into two categories:
New York laws generally impose a two-year limit from the date of the accident for victims to file for compensation benefits. In certain cases, such as accidents involving trucks operated by government agencies, the filing deadline may be reduced to less than a year.
That said, it is not advisable to wait until the deadline approaches. Delays can make it significantly harder to gather the necessary evidence to establish liability and build a strong case.
It’s best to act quickly and consult an 18-wheeler truck accident lawyer in New York as soon as possible. Even if some time has passed, our experienced legal team has the technical expertise and resources to reconstruct the accident and uncover critical evidence to support your claim.
Here are five essential steps a traffic accident victim should follow to strengthen their compensation claim:
Yes, under New York's comparative negligence laws, you can still file a claim even if you were partially at fault for the accident. However, your compensation may be reduced based on the percentage of fault assigned to you.
For example, if you are found 20% responsible for the accident, your compensation will be reduced by that percentage. Consulting an experienced New York truck accident lawyer can help protect your rights and ensure you receive fair compensation.
Liability in truck accidents may not always rest solely on the driver. Other potentially responsible parties include:
If you are contacted by an insurance adjuster, it is crucial to avoid providing a statement or signing any documents without consulting your lawyer first. Insurance adjusters may try to minimize your claim or use your statements against you. Direct all communication to your attorney to ensure your rights and compensation are protected.
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