Albany Truck Accident Lawyer - 18-Wheeler Accident Attorney

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Truck Accident Attorney in Albany, NY

As the state capital, Albany’s roads are a major transit hub for big rigs and 18-wheelers. Drivers on I-90 and I-87, as well as all surface streets, can expect to encounter large trucks daily. Accidents between large commercial vehicles and cars can have devastating results, and the chance of severe injuries multiplies in truck accidents. If you’ve been injured in an accident with an 18-wheeler or another type of large truck, an Albany truck accident lawyer can represent your interests.

At Gattuso & Ciotoli, PLLC, we have over 6 decades of experience in all areas of personal injury law, including truck accidents. With our knowledge of New York laws concerning accident liability, we can pursue compensation for your injuries. Our client-first approach focuses on strategic negotiation skills to increase our clients’ chances of a favorable personal injury claim. You have nothing to lose by giving us a call, as our attorneys won’t get paid unless you do.

Common Injuries in Truck Accidents

There are over 160,000 accidents involving large trucks in the U.S. every year. Many of those incidents result in severe injuries and even death. Some of the injuries that might occur in large vehicle accidents include:

Traumatic brain injury (TBI), which can have lifelong effects
Spinal cord injuries and paralysis
Severe fractures that require surgical corrections and ongoing therapy
Burns and lacerations
Soft tissue injuries, such as whiplash and severe contusions
Internal injuries, such as internal bleeding and organ damage
Amputation and dismemberment

There are also severe psychological effects that stem from truck accidents, such as complex PTSD, severe anxiety, depression, and a prolonged fear of driving, especially if the accident came about due to another driver’s negligence.

The emotional distress caused by truck accidents can prevent victims from enjoying activities with their family and friends, and it can also diminish their ability to work. Victims may face ongoing medical treatment, time lost by traveling to seek medical care, and permanent disability.

Factors in Truck Accidents

When a massive vehicle, such as an 18-wheeler, collides with a small car, the physics involved can create an immense amount of force. A fully loaded semi can easily weigh 80,000 pounds. When that much weight is combined with speed and other factors, such as hazardous road conditions, the effects can be catastrophic. The faster the vehicle is traveling when impact occurs, the greater the damage.

Several factors can increase the likelihood and severity of a truck collision. Some of these include:

Mass of the vehicle involved. The larger the vehicle, the greater the force. When a large truck crashes into a smaller vehicle, the smaller vehicle absorbs the force, resulting in crushing, spinning, and propulsive effects.
Speed. The greater the speed, the more force is exerted on the smaller vehicle when a collision occurs. Speed is the most common element in all vehicular accidents, but it becomes lethal in truck accidents.
Poor loading practices. If a truck is improperly loaded, the cargo can shift and unbalance the truck. This can lead to rollovers, jackknifes, and other disruptive collisions.
Hazardous road conditions. During rainy, windy, icy, or snowy conditions, roadways become exponentially more dangerous. Large trucks require a greater stopping distance, even in non-hazardous conditions. When roads are slick, the stopping distance increases, along with the likelihood of skids and rollovers.
Driver impairment. Whether from long hours on the road or factors such as drug or alcohol use, driver impairment is a major cause of truck accidents. Drivers often risk falling asleep at the wheel during long-haul runs. Driver distraction, such as texting and driving, GPS use, or eating while driving, can also contribute to accidents.
Mechanical issues and malfunctions. Big rigs require a high degree of upkeep and regular repairs to ensure safety. Even when a commercial vehicle is regularly serviced, wear and tear on gears and hitches can lead to equipment failures, which contribute to injury accidents.
Inexperience and driver incompetence. Driving a truck requires a high degree of skill and engagement. Whether due to inadequate training or incompetence, drivers who are incapable of making the complex decisions required of commercial truck drivers present a liability to themselves and everyone they share the road with.

Most truck drivers are responsible, courteous drivers who are aware of the dangers of operating a large commercial vehicle. Nevertheless, driver liability is the chief cause of most truck accidents, with speed being the most common negligence factor. Truck drivers get paid based on how quickly they can deliver their load, making the temptation to speed prevalent.

If you’ve been injured due to the actions of a negligent truck driver, it’s important to hold them accountable. Drivers and passengers on New York roadways deserve a safe, enjoyable commute. When a truck accident occurs, everyone pays. Insurance premiums increase, along with trucking companies’ operating costs, which are passed down to the consumer. These create widespread economic impacts as well as compromised safety.

Determining Liability in Truck Accidents

New York uses a pure comparative negligence model to determine liability in truck accidents. This means that any party involved in an accident may seek some degree of compensation for injuries and property damage, unless they are found to be 100% liable for the accident.

Proving fault in accidents requires careful consideration and evidence gathering after a truck accident. Plaintiffs in truck accidents are required to present documentation and evidence that supports their right to a claim. A qualified attorney who is familiar with New York truck accident laws can investigate the circumstances of a truck accident and gather sufficient evidence to prove liability.

This evidence can include:

Police or highway patrol reports
Eyewitness statements
Photographs
Video footage of the crash
Medical records

Multiple factors can affect a case, such as:

The road conditions at the time of the accident
The actions of all parties involved
Whether the driver violated safety regulations
The evidence available to support the claim

What Compensation May Be Available for Truck Accident Victims?

When you have been injured after a crash with a large commercial vehicle, the nature of your injuries will require immediate and ongoing medical attention. 30% of all truck accidents result in injuries. The ongoing cost of medical care, lost wages from work while you recover, and the pain and suffering you experience because of your accident factor into your settlement amount.

Damages in truck accident cases can include:

Economic damages, which address quantifiable expenses generated by the accident, such as medical expenses, lost wages, and replacement and repair costs for your vehicle
Non-economic damages, which include pain and suffering, mental anguish, diminished earning potential, loss of companionship, psychological trauma and anxiety, and other non-quantifiable damages. Your attorney can determine the amount you could seek for pain and suffering, based on the predicted and existing impacts the accident has had on your life.

Damages in New York truck accident cases can be significant. Compensation can mitigate the financial burdens, along with the physical and psychological hardships, you are likely to face after being injured in a truck accident.

Insurers and trucking companies are for-profit businesses, and they have aggressive lawyers and insurance adjusters who will attempt to bully you into taking a lesser settlement. Such an offer likely will not adequately address the severity of your injuries or the financial impact of a truck accident.

New York does not have a cap on personal injury claims, which means compensation is often much higher than the national average. This is why it is crucial to hire a truck accident lawyer to advocate on your behalf. They can calculate and seek the full amount of compensation the law allows.

If an insurance company refuses to settle outside the courtroom, our qualified personal injury lawyers can pursue litigation on your behalf, bringing the case to trial before a jury. This can increase the amount of your settlement if the jury decides in your favor. You have many legal avenues at your disposal. At Gattuso & Ciotoli, PLLC, we have a proven record of successful settlements and litigation.

The New York Statute of Limitations for Truck Accidents

Time is crucial after a truck accident. New York has strict laws governing the amount of time a claimant may take legal action after a truck accident. Injury victims must act within three years of the accident, or their claim will be dismissed by the courts.

Many people delay filing a claim because they do not believe their injuries are severe enough to warrant a claim, or they think their insurance will cover the extent of their medical care, which is seldom the case.

Even if you feel fine after a truck accident, some injuries may not be apparent right away. Immediate medical attention is crucial to prevent ongoing health issues that may occur because of your truck accident. Chronic conditions such as nerve damage, migraine, back and neck pain, and other recurring symptoms can arise from seemingly minor injuries, such as whiplash. You may need therapy and rehabilitation for years after an accident.

Proper compensation can alleviate some of the financial strain that comes from truck accident injuries. If you’re suffering from the aftereffects of a truck accident injury, it’s important to document any treatments or medications you may be prescribed.

Insurance settlements that are negotiated by a knowledgeable, experienced personal injury lawyer are almost always greater in value than the lowball offers that insurance companies present to accident victims. For this reason, it is vital to speak to a qualified Albany truck accident attorney as soon as possible after your accident. They can increase your chances of a successful outcome.

FAQs

How Much Are Most Truck Accident Settlements?

Most truck accident settlements are calculated according to the amount of economic and non-economic damages generated from the accident. The severity of injuries, the time lost from work, and the amount of pain and suffering all factor into the final settlement amount. The degree of negligence also influences the amount of the settlement. The higher the degree of negligence on the defendant’s part, the greater the damages you can claim.

Is It Worth Getting a Lawyer After an Accident?

It is always worth speaking to an attorney after a truck accident. Insurance and trucking companies will aggressively attempt to settle with you shortly after the accident, usually for much less than you are entitled to by law. Personal injury lawyers only take a case if they think the chances of a successful claim are possible. They also work on a contingency fee basis, so it is worth consulting an attorney to see if you might have a valid case.

How Long Does a Truck Accident Case Take?

The length of a truck accident case depends on the:

Complexity of the situation
Caseload of the area court where the claim is filed
Length of time it takes to reach a settlement amount in negotiation or litigation, as necessary

Most personal injury cases are resolved within a matter of months.

What Are the Signs You May Get a Good Settlement?

Catastrophic injuries increase the chances of a higher settlement due to the ongoing nature of symptoms and the impact these injuries can have on a person’s livelihood and lifestyle. Severe injuries, such as amputation, paralysis, TBIs, and chronic back issues, carry a heavier toll and result in more compensatory damages than injuries involving soft tissues or a favorable prognosis. Because truck accidents are more catastrophic in nature, settlements are usually higher than in car accident claims.

If You Have Been Injured, Hire a Truck Accident Lawyer You Can Trust

Experiencing a truck accident can be traumatic and devastating. At Gattuso & Ciotoli, PLLC, we have over 60 years of experience, advocating for clients in Albany, Syracuse, and the surrounding area. With our proven record of successful outcomes in truck accident cases, your claim can receive the compassion, attention to detail, and strategic approach you deserve.