Experienced White Plains Truck Accident Lawyer Fighting for You

Understanding the Unique Challenges of White Plains Truck Accident Cases

Truck accidents are fundamentally different from typical car accidents, and they require a specialized approach to ensure a successful outcome. Here’s why:

Truck drivers, like all motorists, must stay focused on the road. Distractions can arise from mobile devices, GPS systems, or even passenger interactions. Distracted driving significantly increases the risk of accidents, as it impairs the driver’s ability to react to changing road conditions.

Long hours on the road put pressure on truck drivers to meet tight schedules. Despite regulations limiting driving hours, some drivers may choose to ignore these laws, leading to dangerous situations. Fatigued drivers are more likely to fall asleep behind the wheel, resulting in serious accidents.

Excessive speed and reckless driving behaviors, such as tailgating, unsafe lane changes, and ignoring traffic signals, can lead to catastrophic truck accidents. These behaviors greatly increase the risk of collisions and the severity of resulting injuries.

Trucking companies are responsible for ensuring that their vehicles are properly maintained. Failure to perform regular maintenance, such as checking brakes, tires, and other critical components, can lead to mechanical failures and accidents.

If a truck’s cargo is improperly loaded or exceeds weight limits, it can cause the truck to become unstable and difficult to control. Improperly secured cargo can shift during transit, leading to rollover accidents or cargo spills that endanger other motorists.

In truck accident cases, liability can be more complex than in standard vehicle accidents. Several parties may share responsibility:

If negligence on the part of the driver caused the accident, they can be held accountable. This includes instances of distracted driving, fatigue, speeding, and other reckless behaviors.

If the driver was on duty during the time of the accident, the employer may also be liable. Companies are responsible for their employees’ actions while on the job. This can include negligent hiring, inadequate training, and failure to enforce safety regulations.

If a truck’s cargo is improperly loaded or exceeds weight limits, those responsible for loading the truck could be liable for any resulting accidents. Cargo loaders must follow proper loading procedures to ensure the safety of the truck and other motorists.

If there’s a defect in the truck or its components, manufacturers may also face liability for accidents caused by faulty parts. Defective brakes, tires, or other critical components can lead to serious accidents and severe injuries.

Companies responsible for maintaining and repairing trucks may also be held liable if their negligence contributed to the accident. Failure to perform necessary repairs or maintenance can lead to mechanical failures and accidents.

Key Takeaways

• Truck accidents can result in devastating injuries and significant property damage due to the size and weight of these vehicles.
• Economic damage covers tangible losses like medical expenses and lost income, while non-economic damages include pain and suffering and emotional distress.
• Common causes of truck accidents include distracted driving, fatigue, speeding, improper maintenance, and improper loading.
• Multiple parties may be liable in truck accident cases, including the truck driver, trucking company, cargo loaders, manufacturers, and maintenance providers.

Truck accidents involve intricate legal and factual questions. To navigate these complexities, you need an experienced White Plains truck accident lawyer. At Kent Hazzard & Freeman, we understand the challenges you face and are here to help you through every step of the legal process.

Kent Hazzard & Freeman along with their team will:

• Thoroughly Investigate Your Case: We will gather all relevant evidence, including witness statements, police reports, and medical records, to build a strong case on your behalf.
• Identify All Responsible Parties: We will identify all potentially liable parties, including the truck driver, trucking company, cargo loaders, manufacturers, and maintenance providers.
• Negotiate with Insurance Companies: Our skilled negotiators will work with insurance companies to secure a fair settlement that covers all your damages, both economic and non-economic.
• Prepare for Trial: If a fair settlement cannot be reached, an experienced trial attorney like Jim Freeman is always prepared to take your case to court and fight for the compensation you deserve.

Every truck accident is different, and the amount you can recover depends on the facts of the crash, the nature of your injuries, and the relevant insurance policy limits. You may be able to recover both economic and non-economic damage, which compensates for things like:

• Pain and Suffering: Compensation for the physical pain and emotional distress you have suffered because of your injuries.
• Medical Expenses: Coverage for all costs associated with hospital stays, surgeries, medications, and ongoing treatments.
• Lost Wages: Wages lost due to time away from work, including potential future earnings if your injuries prevent you from returning to your job.
• Lost Earning Potential: Financial compensation for the impact your injuries have had on your ability to earn income in the future.
• Property Damage: Costs to repair or replace your vehicle and any other damaged property.
• Emotional Distress: Compensation for the mental anguish, anxiety, and other emotional issues you may experience.
• Paralysis, Disability, and Disfigurement: Damages for the impact your injuries have had on your physical capabilities and appearance.
• Diminished Quality of Life: Compensation for the impact your injuries have had on your ability to participate in activities and hobbies you previously enjoyed.
• Wrongful Death: If the accident resulted in a fatality, surviving family members may be entitled to compensation for their losses.

New York law also allows punitive damages, which are intended to punish the defendants if they were egregiously negligent or reckless. If applicable, these damages can add a significant amount to your total compensation.

Being partially responsible for a truck accident does not necessarily mean you are ineligible for compensation. In New York, the comparative negligence laws allow individuals to recover damages even if they were partially at fault for the accident. However, the amount of compensation you can receive will be reduced by your percentage of fault.

Comparative negligence is a legal principle that allows courts to allocate fault among multiple parties involved in an accident. In New York, the courts use a pure comparative negligence approach, which means that the amount of compensation you can receive is directly proportional to the percentage of fault assigned to the other party.

For example, if you are found to be 20% at fault with the accident and the other party is found to be 80% at fault, you can still recover 80% of the total damage. However, if you are found to be 51% or more at fault, you will not be able to recover any damage.

At Kent Hazzard & Freeman, our White Plains truck accident team is dedicated to ensuring that you receive fair compensation for your injuries. If you are partially at fault with the accident, our team will work to minimize the percentage of fault assigned to you and maximize the compensation you receive.

We will thoroughly investigate the accident, gathering evidence and witness statements to build a strong case on your behalf. Our experienced team will also negotiate with the insurance companies and opposing counsel to ensure that you receive a fair settlement.

Key Takeaways

• In New York, you can still recover damages if you are partially responsible for the truck accident, but the amount of compensation will be reduced by your percentage of fault.
• Comparative negligence laws allow courts to allocate faults among multiple parties involved in an accident.
• Our White Plains truck accident team will work to minimize the percentage of fault assigned to you and maximize the compensation you receive.

In New York, the statute of limitations for personal injury cases, including truck accidents, is typically three years from the date of the accident. However, there are exceptions to this rule, and the timeframe to file a claim may be shorter in certain circumstances.

The statute of limitations is a legal deadline that sets the timeframe within which you must file a lawsuit to recover damages for your injuries. In New York, the statute of limitations for personal injury cases is generally three years from the date of the accident.

However, there are exceptions to this rule. For example, if the accident involved a government entity, you may have a much shorter timeframe to file a claim. In some cases, you may have as little as 90 days to file a notice of claim, and one year and 90 days to file a lawsuit.

Failing to file your claim within the statute of limitations can have serious consequences. If you miss the deadline, you will be barred from recovering compensation for your injuries, and your case will likely be dismissed.

Truck accident lawsuits sometimes include multiple liable parties. The most common liable parties in truck accident lawsuits include:

• Truck Drivers: When they acted negligently.
• Truck Owners: When they did not properly maintain or service their truck.
• Trucking Companies: When the load was secured improperly, the truck was not maintained, or the driver was forced to stay behind the wheel longer than legally allowed.

Other possible liable parties in truck accident lawsuits in White Plains include:

• Maintenance Companies: That serviced the tractor or trailer improperly.
• Loading Companies: When they are separate from the trucking company.
• Truck Manufacturers: When a defect caused the accident.
• Government Agencies: When poor road maintenance led to the accident.

Our White Plains truck accident team will send investigators to the scene of the accident to take photographs and measurements and obtain any other necessary evidence. We’ll also meet with eyewitnesses to get statements and reach out to the police to get more information about the accident.

Determining liability in a truck accident requires thorough, independent investigation. We may request that the truck be inspected and review the trucking company’s history and policies before advising you on the best legal route toward compensation.

In addition to police reports, tire skid marks, medical evidence, and footage of the accident, truck accident claims often involve:

• Black Box Data: Most large trucks today are equipped with a “black box,” which can provide vital information about things like how long the truck was in operation, the truck’s speed, whether brakes were applied, whether the driver was wearing a seatbelt, and more.
• Truck Driver Logs: The truck driver’s logs and work schedule can help establish the cause of the accident.
• Employment Records: The truck driver’s employment history may help establish a history of accidents or a breach of duty on the part of their employer.
• Toxicology Reports: Since impaired driving is a common factor in White Plains truck accidents, it’s important to gather as much information as possible about the driver’s physical and mental state at the time of the accident.

If you’ve been injured in a truck accident, don’t go through it alone. Contact Kent Hazzard & Freeman for a FREE consultation. Our dedicated truck accident team in White Plains is ready to discuss your case and help you secure the compensation you deserve. Call us today to schedule your consultation and take the first step towards financial recovery.

On your own, getting full and fair compensation after being injured in a truck accident can be a challenge. Trucking companies and their insurers want to pay you as little as possible for your injuries, and without a lawyer by your side, you might be tempted to accept a lowball settlement offer without realizing you could get much more.

Our White Plains personal injury team has extensive experience navigating truck accident litigation and has successfully represented thousands of clients. Our firm has more than 85 years of experience handling personal injury cases and can help protect your interests. Our clients are treated like family, never like numbers, and can expect top-tier legal representation and an open line of communication when working with our team. We take personal injury cases very personally.

Contact our truck accident team at Kent Hazzard & Freeman. We are available 24/7 to help truck accident victims pursue justice. After being injured in a truck accident in White Plains, you may face overwhelming financial, physical, and emotional losses. You may also be left wondering how to secure meaningful compensation. At Kent Hazzard & Freeman, our approach is simple: we listen to you, guide you, and help you with what needs to be done right away to secure the compensation you deserve.

If you cannot come to us due to your injuries, Kent Hazzard & Freeman can arrange a meeting that is convenient for you—at home, in the hospital, or over the phone. We will make sure you understand your rights and provide the support you need to pursue meaningful compensation.

Trucking companies and their insurers will fight hard to avoid compensating you for injuries, but our White Plains truck accident team is here to level the playing field. Contact us online or call [Phone Number] to schedule your free case evaluation.

Key Takeaways

• Kent Hazzard & Freeman has over 70 years of combined experience handling truck accident cases, ensuring you receive top-tier legal representation.
• Our team will meticulously investigate every detail of your case, utilizing black box data, driver logs, toxicology reports, and more to build a strong case.
• We are deeply committed to serving truck accident victims across Westchester County, providing support and legal expertise that is tailored to your needs.
• If you are partially at fault, you can still recover damages, but they will be reduced by your percentage of faults.
• You have three years from the date of the accident to file a lawsuit, but exceptions may apply, so it is crucial to contact us promptly.

Contact Kent Hazzard & Freeman today for a free consultation and let us help you navigate this challenging time.