The Bronx – Truck Accident Attorneys
The sheer size of semis and eighteen wheelers means that any accidents
that involve contact with these vehicles are likely to inflict serious
injuries upon the victims such as spinal cord fractures, amputations,
brain injuries, burns and in certain cases, even death. The aforementioned
catastrophic injuries are likely to impact the victims for the remainder
of their lives and consequently, the victim and his or her family might
face significant financial strain resulting from lost wages and costly
and recurring medical bills. Fortunately, the law provides a remedy for
this injustice and allows individuals that have sustained damages in truck
accidents to sue the responsible party for compensation. The attorneys
at Queller, Fisher, Washor, Fuchs & Kool have been defending the rights
of truck accident victims for over fifty years and understanding the emotional,
physical and financial pain such an accident can inflict upon the victim.
Thus, our attorneys due their very best to try to expedite the process
and ensure that our clients receive the maximum possible compensation
that they deserve.
Elements of a Valid Truck Accident Lawsuit
In order to establish grounds for a valid lawsuit it must be proven that
the driver, manufacturer or company acted negligently. However, negligence
is not sufficient grounds for establishing liability and recouping damages.
In order for there to be a valid claim, the following criteria must be met:
The Existence of A Duty of Care: In order for negligence to be established it must first be delineated that
a duty of care, on behalf of the driver to the victim, existed. A duty
of care is legally defined as the obligation an individual has to act
in a cautious manner whilst performing acts that could be potentially
harmful to others. For example in this particular case, a truck driver
has a duty of care to obey all and any traffic regulations whilst driving.
The Duty of Care Was Breached: In order for negligence to have occurred, the driver, company or manufacturer
msut have breached their duty of care. A truck driver’s failure
to comply with traffic regulations would constitute a violation of his
or her duty of care.
The Responsible Party Caused the Injury: In addition to proving negligence, it must be established that the responsible
party’s negligence directly caused the injury under consideration.
For example, if a truck driver were to get in to an accident whilst over
speeding he or she could only be held liable if their failure to adhere
to the speed limit directly caused the accident and thus, the injury.
The Victim Sustained Damages: In addition to the presence of negligence that caused the accident, it
must also be demonstrated that the victim sustained either economic or
non-economic damages as a result of the accident. Economic damages pertain
to any financial strain placed upon the victim as a result of the accident
where as non-economic damages refer to any pain and suffering the victim
was forced to endure.
In the case that their sustained injury occurred due to any of the following,
victims of truck accidents may have grounds for a valid truck accident lawsuit:
- Driving under the influence of alcohol or drugs
- Reckless driving
- The truck driver lacked training
- Illegally changing lanes
- The truck driver had exceeded the maximum amount of hours on the road
- The truck had a manufacturing error
- Road defects
Proving Liability in Bronx Truck Accident Cases
Like other vehicular accidents, in order to demonstrate liability in truck
accident cases, negligence must be proven. Negligence is defined, as the
failure to use the same level of care a reasonably prudent person would
have demonstrated in a similar situation. Examples of failure to use reasonable
care that resulted in negligence, include, but are not limited to, over
speeding, failure to remain attentive on the road as well as failure to
follow the ordained traffic regulations.
Due to our experience in this particular field, we are familiar with the
most common claims of negligence behavior. The aforementioned common claims are:
Inadequate License and Training: Truck drivers are required to have special licenses to drive these commercial
vehicles and should have received adequate training regarding their position.
Consequently, victims should always investigate the driver’s background
and level of training.
The Truck Driver Worked Hours That Exceeded the Legal Limit: Because many truck drivers often work extremely long shifts, with little
or no sleep, the occurrence of accidents due to the driver being sleepy
or drowsy is very common. In lieu of this, there are legal limits that
dictate the consecutive number of hours a driver can drive without rest.
If a driver is in violation of these limits, he may have acted negligently.
The Truck Driver Was Driving Under the Influence of Drugs or Alcohol: Like other vehicular accidents, several truck accidents are caused due
to the driver’s altered state of mind due to the consumption of
drugs or alcohol.
It is imperative that you retain an attorney that is well versed with trucking
and commercial vehicle law. There are several Federal statutes that regulate
the operation of commercial vehicles on highways and all other roads.
At Queller, Fisher, Washor, Fuchs & Kool our years of experience means
that we are aware of all these minor statutes and nuances in the legislature.
For example, if an accident occurs due to a park truck on a highway, compensation
is still possible because there are Federal statutes that lay down the
measures stalled commercial vehicles need to take on roads. Unless you
are familiar with such legislation, it can be very tricky to obtain a
favorable verdict. Additionally, the internal procedures of the trucking
company also need to be analyzed in order to understand the situation
surrounding the incident as well as the driver’s training and background.
Our attorneys are familiar with the documents that need to be obtained
and are available and thus, are worthy of representing you.
Recovering Compensation From Insurance Companies
Also, commercial vehicles such as trucks, tractor-trailers, commercial
vans and other such vehicles often have much more insurance coverage than
a typical vehicle operating on a New York State roadway. This is true
for two reasons. First, the owner of the vehicle, under New York State
laws, is vicariously liable for the negligence of the driver. In other
words, any negligence of the driver is also attributable to the vehicles
owner; provided the driver was driving the vehicle with the permission
and consent of the owner. This permissive use is almost always the case
since the driver is usually operating the owner's vehicle in the course
of his employment. Since the owner will be liable for the driver's
negligence, the owner must protect himself with adequate insurance.
Moreover, since the company employing the truck driver is usually a commercial
business, which typically has significant assets, a large amount of insurance
is often procured in order to protect those assets. This is especially
true with tractor-trailers, which for example could be owned by an oil
company or other large business. These vehicles often have $10 million
of insurance coverage or more. Other commercial vehicles often have auto
liability insurance of at least $1 million. The second reason such large
insurance coverage also exists is that when such a large vehicle is involved
in an accident, the accident is likely to involve extremely serious injuries
or death. As such, the combination of the potential for catastrophic loss,
along with the fact that the defendant may have significant assets to
protect, results in such vehicles procuring large amounts of insurance.
As one might imagine, the combination of catastrophic injuries resulting
in very large claims against a defendant's insurance company often
presents a scenario of high stakes litigation. In fact, in the context
of vehicular accidents, such cases often involve the highest stakes litigation
for insurance companies and attorneys. As a result, it is important to
carefully select an attorney who is accustomed to litigating such cases
against the best of the best. The attorneys for the truck company are
unlikely to leave any stone unturned in an effort to minimize the amount
or even deny that an injured plaintiff has a right to recover any money
for his/her losses. These losses may include debilitating or catastrophic
injuries that require a lifetime of medical care or even 24-hour home
care services. In some cases the losses may even cost the victim the ability
to retain a job. As a result, our truck accident attorneys will retain
all appropriate experts to account for such losses. These experts may
include an economist, an accountant, a life care expert, and any number
of medical experts to help determine the losses and or limitations caused
by the accident.
Also, the losses invariably will involve a claim of significant pain and
suffering and loss of enjoyment of life. In a wrongful death situation
a family may be left without the husband or wife or father or mother that
supported the family. Children may lose a parent and be left without the
guidance, nurturing and support that a parent provides. Again, such losses
may require the necessity to retain any number of expert witnesses, and
victim and his/her family should carefully select a lawyer who has the
experience and cutting edge knowledge to litigate the case in a manner
that will lead to fair and adequate compensation to the victims for such
losses. At Queller, Fisher, Washor, Fuchs & Kool we use our experience
and expertise to attempt to maximize a recovery. We recognize that a fair
recovery must take into account that the needs of families that are victims
of such life-changing events must be fully accounted for. The lawsuit
brought against the responsible party is often the one and only chance
the victim and his or her family has to be able to live with dignity after
a serious or catastrophic accident involving a truck, tractor-trailer,
van, bus, or other large commercial vehicle.
The Bronx – Driving Under the Influence Truck Accident Attorneys
The attorneys at Queller, Fisher, Washor, Fuchs & Kool have been representing
victims injured during collisions with semis, eighteen-wheelers and other
commercial vehicles for over fifty years.
The Trucking Company’s Accountability
According to the law, commercial driver license holders are required to
report any Driving While Intoxicated convictions to their employers within
thirty days, irrespective of whether or not that convictions occurred
whilst they were driving a personal vehicle for non-work related purposes.
A DWI convictions might result in the driver losing is CDL either temporarily
or permanently and might also cause the insurance premiums for the trucking
company to increase.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool will use their
expertise to investigate the circumstances surrounding your accident,
including the driver’s personal and work driving records. In the
case that the accident did result due to DWI our legal team will use that
as leverage against the trucking company in order to recoup compensation
for the damages that you have sustained. Accidents involving such large
commercial vehicles often cause catastrophic injuries which cause the
victims to undergo significant financial and emotional strain. The attorneys
at Queller, Fisher, Washor, Fuchs & Kool will do their very best to
ensure that you are compensated for all the damages that you have sustained
including, but not limited to, medical bills, lost wages, long-term care,
pain and suffering and funeral expenses.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
If you, or a loved one, have sustained an injury due to a truck related
accident, do not hesitate to call our New York law office today at (212)-406-170
or contact us online to schedule a free consultation and discuss your
legal options. We have accept our cases on a contingency fees basis, that
is, no monetary fees are expected of you until and unless we are able
to secure a monetary settlement on your behalf. In which case, our legal
fees are a mere fraction fo the amount you receive. If your injury was
caused due to the fact that a truck driver was driving under the influence
you are legally entitled to receive compensation for any damages that
you may have sustained following the injury. Following an accident involving
an intoxicated driver, trucking companies will attempt to remove any and
all evidence pertaining to the accident. The attorneys at Queller, Fisher,
Washor Fuchs & Kool will diligently investigate the circumstances
surrounding the accident you were involved in and will do their very best
to ensure that you receive the maximum possible compensation that you deserve.