Commercial Vehicle Accident Attorney in Rochester, NY
Commercial operations on our roadways are a major part of our economic infrastructure, so commuters share the road with commercial vehicles every day. Unfortunately, the proximity of commercial vehicles and private vehicles facilitates accidents. If you have been injured in a collision with a commercial vehicle in Rochester or the surrounding area, a Rochester commercial vehicle accident lawyer can get you the compensation you need.
Gattuso & Ciotoli, PLLC – Your Rochester Commercial Vehicle Accident Attorneys
Being injured in a commercial vehicle accident can devastate your life. You may be dealing with physical injuries, financial losses, and psychological effects resulting from the accident. When something like this happens to you, you need an experienced attorney to get the settlement you need to rebuild your life.
At Gattuso & Ciotoli, PLLC, we have over 50 years of combined experience, serving clients all over the state of New York. Our firm has the legal knowledge and courtroom confidence to advocate for our Rochester clients.
What Should You Do After an Accident Involving a Commercial Vehicle?
If you find yourself involved in an accident with a commercial vehicle, there are several steps you should take. To the utmost of your ability, you should take the following actions:
- Get medical care.
- Report the accident to the police.
- Get the other driver’s contact and insurance information.
- Get contact information for any witnesses on the scene.
- File an insurance claim.
- Contact a lawyer.
What Compensation Can You Recover for a Commercial Vehicle Accident?
Road accidents involving commercial vehicles are, unfortunately, quite common. In 2024, there were 4,774 accidents in New York involving large trucks, and those resulted in 97 fatalities. Not all commercial vehicles are large trucks, so the figures for all commercial vehicles are much higher.
If you have been injured in a commercial vehicle accident, New York’s commercial vehicle accident laws empower you to seek financial compensation for your medical bills, lost wages (if you had to miss work), and pain and suffering associated with the accident.
Many accident victims also experience significant psychological distress, and you may be entitled to compensation for that as well if you require mental health treatment to address it. The following is a more detailed breakdown of these compensation categories:
- Medical bills. You should be compensated for the entirety of your medical expenses, not just the immediate ones. This includes initial ambulance rides, emergency room visits, surgeries, and medications, along with long-term care expenses, like rehabilitation and physical therapy.
- Lost wages. Having to miss work because of an injury can create a significant financial burden for a victim and their family. Most people cannot afford to miss work, so compensation after an accident should cover all the wages you lost because you were in the hospital or homebound.
- Pain and suffering. It is difficult to quantify pain and suffering, but it is considered real and compensable damages in personal injury cases.
- Psychological distress. You may develop mental health conditions, like post-traumatic stress disorder or an anxiety disorder, following an accident. If you need to seek mental health treatment for these problems, you can get compensation for those costs.
Hire a Commercial Vehicle Accident Lawyer
If you are seeking compensation for injuries sustained in a collision involving a commercial vehicle, it is important that you hire a commercial vehicle accident lawyer. Insurance companies generally do not like to pay compensation, and they will do what they can to avoid doing so. Your attorney can communicate with these insurance companies. Sometimes, all it takes is a strongly worded letter on a lawyer’s letterhead to get results.
With commercial accidents, various parties may be at fault, including:
- The driver
- The company that owned the vehicle
- Maintenance companies
- Vehicle manufacturers
- Any company that was responsible for loading the vehicle
- Companies that made parts for the vehicle
Your commercial vehicle accident attorney can determine which of these, or which combination of them, can be held liable in a claim. A skilled lawyer can file against all the parties that are responsible for your losses.
Furthermore, if your case should go to trial, your Rochester commercial vehicle accident attorney can represent you in the Monroe County Supreme & County Courts. They can review the particulars of your case and gather evidence to present in court. On the day of the trial, they can speak for you and offer strong counsel.
FAQs
Will My Case Go to Trial?
There is no way to know beforehand whether a particular case will go to trial. However, your case will likely be settled out of court. Most personal injury cases don’t go to court because it is better for the liable party to settle than to go to trial and pay court fees, only to be ordered by a judge to also pay compensation. Your lawyer can review your case and advise on its likely outcome.
Who Pays for Damages in Commercial Vehicle Accidents?
In commercial vehicle accidents, compensation can come from a few places. New York is a no-fault state for car insurance, so most insurance policies include liability coverage that covers medical expenses, no matter who was at fault for the accident. Beyond that, the vehicle owner’s insurance company is the next entity to approach for damages. In some cases, a victim can also file a claim against the other driver themselves.
How Is Pain and Suffering Calculated?
Pain and suffering is calculated using one of two methods: the multiplier method or the per diem method. Sometimes, it may be a combination of the two. In the multiplier method, the total financial losses associated with the accident will be multiplied by a number, which is determined based on the accident’s overall impact on the victim. In the per diem method, pain and suffering will be calculated based on the victim’s usual daily income.
When Do I Pay My Attorney for a Commercial Vehicle Accident Case?
Usually, you pay your attorney after the case is settled. Most lawyers who work on personal injury cases do not require an upfront fee. Instead, they work on a contingency basis. This means that you don’t pay your lawyer until the case is settled. If you win, the lawyer takes a percentage of the settlement as their fee. If you don’t, they don’t get paid.
Seek Your Recovery – Contact Gattuso & Ciotoli, PLLC
Facing any kind of legal challenge can feel overwhelming and stressful. If you have been injured in a commercial vehicle accident, you should pursue the most comprehensive settlement possible. At Gattuso & Ciotoli, PLLC, we can get you the compensation you need to rebuild your life. Contact us today for a consultation.