Staten Island Truck Accident Lawyer
Have you been injured in a truck accident on Staten Island? The top-rated Staten Island truck accident attorneys at Rosenbaum & Rosenbaum, P.C., have been successfully representing people and families in New York truck accident lawsuits for more than 40 years. We have a long track record of verdicts and settlements.
We handle every case on a contingency fee basis, which means we do not accept any legal fees unless we recover money for you. There are no upfront expenses or out-of-pocket fees along the way. If we accept a truck accident case, it is because we believe we will be successful.
Following a Staten Island truck accident, we are here to help you understand your legal rights and options. Our team is available 24 hours a day to take your call. Contact us at 212-607-8240 for a case evaluation.
Table of Contents
How a Staten Island Personal Injury Lawyer Can Help After a Truck Accident
Trucking accident claims are more complex than insurance claims involving passenger vehicles. The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The regulations established by the FMCSA outline minimum standards for operating commercial vehicles.
For example, Hours of Service Regulations restrict the number of hours truck drivers may be on the road and the number of hours they must rest.
These regulations, and the requirement that drivers keep logs of their duty and rest, are in place to prevent fatigued drivers from falling asleep at the wheel and causing accidents.
Time Is Of The Essence Following a Staten Island Truck Accident
Trucking companies have procedures in place to follow immediately following a crash. The driver will contact their company dispatch immediately – before they even get out of their vehicle.
Calls will be made to their Safety Director and legal counsel. Investigators will be hired to immediately gather evidence that helps them. The truck may be towed hundreds of miles away and repaired.
If you contact a lawyer immediately, we can notify the trucking company and their insurance company that evidence must be preserved for investigation, not repaired, replaced, or destroyed.
At Rosenbaum & Rosenbaum, P.C., we are proud to have an outstanding reputation as aggressive advocates in commercial vehicle lawsuits.
We work with the best investigators and expert witnesses, including:
- Accident reconstruction experts
- Commercial truck mechanics
- Medical professionals
- Forensic toxicologists
- Roadway design experts
- Rehabilitation specialists.
For more information about your rights following a truck accident, contact the Staten Island personal injury attorneys at Rosenbaum & Rosenbaum, P.C. today. We will help you seek the full and fair compensation you deserve for your injuries or loved one’s wrongful death.
Where Do Staten Island Truck Accidents Occur?
We handle personal injury claims arising from accidents all over the 58 square miles that make up Staten Island, including the busy Staten Island Expressway (Interstate 278), the main route from Brooklyn and Long Island to New Jersey. Accidents are common on the Staten Island Expressway (SIE), but also occur on some of the heavily congested roads surrounding the SIE, including:
- Amboy Road (9.1-mile major north-south artery)
- Arthur Kill Road
- Father Capodanno Boulevard (formerly Seaside Boulevard, runs parallel to the South Beach Boardwalk)
- Targee Street (8.5-mile major northeast-southwest artery)
- Narrows Road North
- Hylan Boulevard (the longest street in New York City)
- Richmond Avenue (7-mile major north-south thoroughfare)
- Victory Boulevard (8-mile thoroughfare going from West Shore to upper East shore).
Following a Staten Island truck accident, get medical attention immediately, and then contact our truck accident lawyers as soon as possible.
Because critical evidence can be lost following an accident, reaching out to a reputable and experienced attorney in the hours immediately following an accident can give you the best chance of obtaining fair compensation for your injuries.
Causes of Staten Island Truck Accidents
Truck accidents are a significant hazard on NYC roadways, and semi-trucks play an important role in transporting cargo from Brooklyn and Long Island to New Jersey. Causes of truck accidents include:
- Driver distraction
- Driver fatigue
- Improper maintenance
- Reckless driving
- Poor weather conditions.
Big rigs and tractor-trailers only account for about 3% of registered vehicles, but account for about 25% of vehicle accident fatalities.
Trucking companies are required to have higher amounts of insurance to cover accidents, but just because trucking companies carry large amounts of insurance, does not mean it is simple or easy to recover fair compensation.
Contacting a knowledgeable and experienced New York personal injury lawyer can allow you to recover the maximum compensation available.
Who Could Be Liable For a Staten Island Truck Accident?
Liability in a truck accident can be complicated because it can be very difficult to determine why an accident occurred.
Multiple parties may be liable, including:
- The company that owns the truck
- The company that leases the truck
- The truck driver
- The company that loaded the truck
- Government agencies responsible for maintaining a road
- Mechanics/maintenance shops
- Manufacturers of truck components
- The driver of another vehicle
After a car accident involving a large truck, insurance companies and insurance adjusters will want to settle a claim as quickly as possible, for as little as possible. If you do not hire an attorney, they will give the lowest amount they think you will accept. They may tell you this is the best offer you will be given, but this is not true.
If you do hire a lawyer, you will most likely be able to recover far more compensation for your medical expenses, lost earnings, and pain and suffering.
Damages Available in a Staten Island Truck Accident Claim
The specific circumstances of your Staten Island truck accident and how your injuries have affected you will determine how much compensation you may recover.
Damages available for your personal injury claim include:
- All current and future medical bills
- Emergency room costs
- Physical /Occupational therapy
- Permanent disfigurement and scarring
- Lost earnings due to being unable to work
- Loss of your future earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Funeral and burial expenses (in a wrongful death claim).
Even when injuries are severe, full compensation is not guaranteed.
What you actually recover will depend on numerous factors, including:
- How quickly you sought out medical care: If you waited days to visit a doctor for your injuries, the insurance company may question whether your injuries were serious or even a result of the accident.
- The severity of your injuries: The more severe injuries are, the more substantial impact they have on your life. A claim for a traumatic brain injury will likely be valued higher than a claim for a minor case of whiplash.
- Evidence of negligence: If there is clear evidence of the other driver’s negligence, the insurance adjuster will not be able to dispute this issue. For example, a semi-truck rear-ending you may be more obvious liability than a sideswipe collision where it is not clear which vehicle traveled into the other lane of traffic.
- Your statements to law enforcement/insurance adjusters: If you speculated that you might partially have been at fault for the accident, this might be used against you to dispute your claim.
- Pre-Existing injuries: If you have preexisting injuries, the adjuster may argue that the initial event caused your injuries, not the accident.
- Your post-accident lifestyle: Insurance adjusters often look at your social media or hire private investigators to find evidence that your injuries are not as severe as you claim them to be. For example, if you claim that your injuries make it difficult for you to walk, a photo of you playing bocce at a picnic could be used against you. We always recommend that our clients do not post any content on social media while a personal injury claim is ongoing, even if settings are private. Courts have ruled that there is no expectation of privacy on social media.
One of the biggest factors that determines how much money you receive for a New York truck accident case is the attorney you hire. If you hire a lawyer early on, they can help you strengthen your claim and make it easier to negotiate a full settlement.
Time Limits to File a Staten Island Truck Accident Personal Injury or Wrongful Death Claim
Every state has laws, called statutes of limitations, which specify how long legal actions may be filed after certain events. Certain criminal acts, like murder, kidnapping, and terrorism, have no time limit for criminal charges to be brought. Civil claims (lawsuits for money damages) all have time limits.
Ideally, a New York personal injury or wrongful death lawsuit should be filed long before a statute of limitations is near. A witness will recall specific details of events much better one or two days after an accident vs. two years after an accident. Hiring an attorney promptly following an accident allows enough time for investigations to be completed, witness statements to be preserved, and important evidence to be gathered.
Discuss Your Staten Island Truck Accident Case with Rosenbaum & Rosenbaum, P.C. For Free
The aftermath of an accident can be painful, stressful, and financially debilitating. A skilled lawyer can help you recover compensation, and allow you to focus on healing and recovering. You can avoid roadblocks and obstacles in a lawsuit if you contact a Staten Island truck accident lawyer as soon as possible following an accident. Schedule your free consultation with Rosenbaum & Rosenbaum, P.C.