Truck Accident Attorneys in Buffalo NY
We expect truck drivers to move cargo safely and securely to its destination. Unfortunately, driver error, trucking company negligence, or equipment malfunction can cause catastrophic accidents, leading to serious injury or death for other motorists on the road.
If you are facing life-altering injuries after a New York truck accident, call The Hurt Hotline today. The experienced Buffalo truck accident attorneys at Cantor, Wolff, Nicastro & Hall LLC understand what you are going through, and we are here to help. With more than 100 years of combined experience, our legal team has earned a reputation for winning cases at trial. We take on deep-pocketed trucking companies and insurers, demanding maximum compensation for our injured clients.
Your case is too important to get lost in the shuffle. We will give you the one-on-one attention you deserve. For your free case review, call The Hurt Hotline at (716) 848-8000 or contact us online now.
Why Truck Accidents Are More Complicated
The causes of an 18-wheeler accident may seem straightforward to you. A truck driver made a mistake, and you were injured. However, your accident may prove to be far more complicated than you imagined. Did an equipment malfunction cause the driver to lose control? Was the cargo not properly secured? Was the driver meeting state and federal requirements while operating the truck?
Truck accidents can be far more complicated than a car accident for these reasons:
- State and federal rules. Depending on whether the trucking company is operating solely within the state or engaged in interstate commerce, different rules may apply. You will need to understand where the driver was going and what type of work he or she was licensed to do.
- Driver licensing. Truck drivers must meet strict requirements under New York and federal law. If a driver operates a truck but does not meet those criteria, other motorists’ lives are at risk.
- Multiple insurance companies. In a truck accident, different insurance companies may be representing the trucking company, the cargo loader, the cargo shipper and the truck equipment manufacturers. After a truck accident injury, many insurance companies may have to be held responsible.
- Negligent hiring. When companies hire drivers, they should perform adequate background checks and review the records of the driver, looking at the driver’s criminal record, physical health, and other characteristics laid out in the law. When they fail to perform those background checks, unfit drivers can end up on the road.
- Equipment failures, including tire explosions, brake failures, and suspension problems. Even when you have a talented and alert driver in control, accidents can still happen. Unexpected equipment problems can cause a driver to lose control of the vehicle and can cost lives. It could be that the failure was due to a manufacturing defect, a maintenance problem, or many other causes.
- Maintenance requirements. The law requires drivers and trucking companies to perform regular maintenance on their vehicles and to keep detailed records. When they fail to maintain their trucks as required, key parts may fail at unexpected times.
- Cargo loaders and shippers. Trucks carry heavy and often dangerous cargo that must be secured properly. If a cargo loader fails to properly balance and secure the load, a cargo shift can cause an accident, leading to injury and death.
- Drowsy or intoxicated driving. Professional truck drivers are often under pressure to rapidly deliver their cargo. For that reason, some truck drivers operate their rigs even when they are fatigued. Other drivers may use alcohol or drugs on the road, putting their lives and yours at risk.
- Hazardous materials. Trucks transport everything, including hazardous chemicals, flammable liquids and other potentially harmful cargos. When these materials get loose, it can result in immediate injury to others of the road.
In addition to the complexities of investigating a truck accident and determining the cause, these crashes typically result in catastrophic if not fatal injuries. Victims have a lot on the line, and they need an experienced Buffalo truck accident attorney to fight for their best interests.
Who Can Be Held Liable for a Truck Crash?
Multiple parties can be held liable for a truck crash, including:
- Drivers. Truck drivers have multiple responsibilities under state and federal law, and they are required to maintain control of their trucks at all times. They are also required to regularly inspect their truck and make sure that everything is secure. When an accident occurs, the driver will often be held responsible.
- Trucking companies and carriers. Trucking companies are required to perform many of the functions that keep trucks safe on the road. They must hire trained drivers, monitor those drivers’ health, inspect and maintain their vehicles, and keep detailed records on their drivers and their trucks. When those records show they failed to live up to their obligations, those companies may be held accountable.
- Equipment manufacturers. Sometimes accidents happen even to the best drivers and the best trucks. A key part can fail, leading to a serious crash. Perhaps it was a tire blowout, a steering malfunction or a critical suspension part that failed at the wrong time. In those cases, the companies that manufactured the parts may be liable.
- Brokers and shippers. Brokers coordinate the delivery of cargo. They may be liable if they do not understand what they are shipping or how it could hurt you. Shippers may be liable if they do not correctly secure and balance the load on the truck.
If you’ve been injured in an 18-wheeler accident, contact a truck accident law firm today. Truck accidents can be complex, and multiple parties may bear responsibility for your injuries. An accident lawyer from our firm can review your case for free and help you understand who may be responsible for your injuries.
Evidence We May Use in a Truck Accident Claim
Truck accidents can be complicated, and many types of evidence must be collected. After a truck accident, we may gather:
- Photos of the accident
- Police reports
- Medical records
- Driver logs covering truck drivers’ work and rest
- Cellphone records
- Driver’s license information
- Hiring practices and records
- Truck maintenance records
- Electronic data on speed and braking
- Cargo manifests
- Eyewitness reports
- Camera footage
- Licensing for transporting hazardous materials
- Expert analysis
The evidence that we may use will depend upon the facts of the case and what parties were involved. If you have questions about the evidence in your case, contact a truck accident lawyer in Buffalo, NY, today.
Determining How Much Your Truck Accident Claim Is Worth
After a truck accident in Buffalo, you may be wondering how to determine the value of your claim. Every case has unique facts and different parties, and the answer can be very complicated.
Common types of compensation include:
- Coverage of medical bills related to treatment after the accident and in the future
- Lost income and harm to future earning potential
- Pain and suffering caused by the accident
- Damaged or destroyed property, including your vehicle and any personal belongings
- Losses related to the wrongful death of a loved one
These and other types of damages may be available after a truck accident injury. Speak with a Buffalo truck accident attorney to learn more.
Statute of Limitations on NY Truck Accident Claims
New York has deadlines on how long you have to bring a personal injury claim. In general, after a truck accident, you’ll have three years from the date of the collision to file a lawsuit. However, if you are bringing a wrongful death case on behalf of your loved one, you only have two years from the date the person passed away.
Many truck accident victims delay filing a claim while they recover from their injuries. However, you should speak with a personal injury lawyer as soon as possible about your case. Investigating, negotiating, and filing a lawsuit in an 18-wheeler accident can take time. Two or three years can pass quickly. If you have been injured, protect yourself by speaking with a Buffalo truck accident lawyer from our firm now.
Common Causes of Truck Accidents in NY
A truck accident may have a single cause or a combination of contributing factors. In New York, common causes of truck accident injuries include:
- Distracted driving
- Fatigued or drowsy driving
- Drunk or intoxicated driving
- Speeding or going too fast for road conditions
- Unsafe actions by the driver
- Hazardous road conditions
- Equipment failures such as brakes and tires
- Unsecured or unbalanced cargo
Catastrophic Injuries Caused by Truck Accidents
Truck accidents usually result in more serious injuries than wrecks involving two passenger cars. Too often, truck accidents result in death.
Catastrophic injuries after a semi-truck accident include:
- Head injuries and traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Disfigurement and scarring
- Dental damage
- Burn injuries
- Lacerations and abrasions
- Internal organ damage
How Our Buffalo Truck Accident Attorneys Can Help
After a semi-truck accident, our attorneys can help you deal with your personal injury claim from start to finish:
- We review all the details of your case and can help you understand your options. This may include a discussion about the next steps and who may be held responsible for your injuries. This initial consultation is free, with no obligation to you.
- As part of a truck accident claim, we will investigate what happened and who may be at fault. Truck accidents can be very complex. Our experienced Buffalo truck accident attorneys know how to gather and analyze the evidence in your claim.
- We advise clients on the law and what it means for their claim. Trucking accidents may involve a complex combination of state and federal rules. We analyze the facts, apply the law, and explain our actions every step of the way.
- Our experienced attorneys can help minimize the stress and hassle of a claim. After a truck accident, you may feel overwhelmed and stressed out. Our lawyers can take care of phone calls, letters, or communications with anyone involved with your claim.
- We’ll negotiate with insurance companies and those responsible for your injuries. We’re committed to maximizing the value of every claim, and we’ll work to hold them responsible for your losses.
- If needed, we’ll file a lawsuit on your behalf. A lawsuit requires a careful analysis of facts, evidence, and the law. If your claim goes to court, we will advocate for your best interests at trial.
If you have been injured in a truck accident, call The Hurt Hotline today. No case is too big or too small for us. We will make sure that you get the one-on-one attention that you deserve during this stressful time. With a strong reputation for winning cases at trial and no fees, unless we win, the experienced truck accident lawyers at Cantor, Wolff, Nicastro & Hall LLC are ready to help.
For your free case review, contact us today. Call (716) 848-8000 or contact us online to get started.