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Westchester County Truck Accident

Truck accidents are often devastating because large commercial trucks are significantly heaver than traditional sedans, SUVs, minivans or light trucks. A tractor-trailer can weigh up to 80,000 pounds which is approximately 25 times more than the average passenger vehicle. When a truck is traveling at speeds of over 55 miles per hour on the freeway, they cannot stop quickly and present a danger to small passenger cars. Additionally, due to their size and mass, they are harder to maneuver, especially when road conditions are poor. As a result of the size and weight of trucks, even when a truck is not traveling at a high speed, truck accidents often result in devastating injuries to those riding in passenger cars or motorcycles. These injuries may include brain injuries, paralysis, disfigurement, neck injuries and amputations. If you were seriously injured in a truck accident that you believed was caused by someone else, immediately contact an experienced Westchester County truck accident attorney who will review the events that led to your injuries and help you receive the compensation to which you are legally entitled.

Truck safety laws

Just like drivers of any other type of vehicle that travels across public roads, truck drivers must adhere to New York's rules of the road. This means that truck drivers must not exceed speed limits, must stop follow traffic signals, must not drive while intoxicated, and must not tailgate. However, in addition to general traffic laws, drivers of large commercial trucks must follow another set of federal and state rules. These rules include:

  • Commercial truck license
  • Requirements for properly securing loads
  • Size and weight limitations
  • Hours of service parameters
  • Maintenance requirements
  • Requirements for safely transporting hazardous materials

Failure to follow any of these rules can have catastrophic results. For example, failure to property secure a load may result in the load falling off the truck onto another vehicle or in the path of traffic, leading to an accident and serious injuries such as head injuries. If an accident occurs and the truck driver is found to have violated a state for federal regulation, such a violation is evidence of negligence.

Pursuing a claim

Under New York law if a truck driver's negligence led to an accident in which you suffered serious injuries, you have the right to demand that the driver or his employer pay you compensation for your medical expenses and other losses you suffered as a result of the accident. The compensation that you may be entitled to receive includes past and future medical expenses, lost income and loss of future earnings capacity, and pain and suffering. In addition, if a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.

It is important to understand that there are procedures that must be followed when pursuing a personal injury claim. For example, you must file your claim within a specific time period. If you fail to do so you will lose your right to pursue damages regardless of the merit of your case. This is why it is critical that you not try to pursue your case alone. Having an experienced attorney representing you is the best way to make sure that your legal rights are proteted.

Contact the Law Offices of Stephen Bilkis & Associates

If you were a victim of a truck accident it is important to immediately contact an experienced truck accident attorney. The rules that apply to trucks are complicated and distinguishable from the rules that apply to cars. Thus, it is critical that the lawyer representing you is familiar with the nuances of the laws that apply to truck accidents to ensure that your case receives the best possible outcome. Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff is experienced in handling claims resulting from a truck accident, as well as a SUV accident, car accident, or motorcycle accident. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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