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Any highway or roadway in New York’s Nassau County – whether a local county road or a more significant thoroughfare such as Wantagh State Parkway – is going to be crowded with private and commercial vehicles. In fact, the website EmpireStateRoads.com claims that Nassau County’s roadways are some of the most densely-packed roads in the entire state. Whether they may like it or not, then, motorists who drive small passenger cars will be driving alongside large commercial trucks and tractor-trailers when going to, from, or within Nassau County. This reality of life for drivers and passengers in Nassau County means there is a very tangible likelihood that someday they will be injured – or even killed – in a Nassau County truck accident.
Truck accidents in Nassau County or elsewhere on Long Island are devastating tragedies that can alter life for the victim and his or her family for years to come. The financial costs associated with these collisions can be astronomical, but victims and their families do not need to bear this financial burden themselves. A Nassau County truck accident lawsuit brought with the assistance of Parker Waichman LLP can provide victims and their families with the money needed to pay for the costs and treatments associated with these collisions.
Why Do Truck Collisions Happen in Nassau County?
Truck drivers and drivers of other commercial vehicles are subject to more stringent licensing requirements than individuals who simply drive their own private cars and pickup trucks. Commercial drivers, for example, must meet certain health requirements that normal motorists do not, and the legal tolerance for alcohol in the commercial driver’s system is lower than the .08 level for private citizens driving their personal cars. One would think, then, that these additional requirements would help prevent truck collisions from occurring. Sadly, these terrible accidents can still occur because a truck driver decides:
- To drive too fast for the road and traffic conditions: Roads can become wet and slippery after a heavy storm or snowstorm in Nassau County, and large trucks handle differently in these conditions than do smaller cars. Choosing to drive too fast or not giving enough space between vehicles in front of the truck can lead to disaster if the truck needs to suddenly slow or attempt to avoid a collision. These evasive maneuvers can lead to the truck jackknifing, overturning, or sliding out of control and into other people or cars.
- To drive while drowsy: Driving while tired or drowsy can cause some of the same impairments and limitations drivers experience when driving under the influence of alcohol or drugs. While federal regulations tell commercial drivers how long they are permitted to drive before they must rest, not all drivers follow these regulations. Moreover, older trucks and commercial vehicles may lack some of the technology present in newer vehicles designed to prevent truck drivers from driving when they should not.
- To drive with an overweight or improperly loaded trailer: The weight and the manner in which cargo is loaded within or on the trailer can have a significant impact on how the truck will handle when accelerating, stopping, or turning. A driver who is not aware of how his or her cargo is loaded or how this might affect how he or she ought to handle the truck safely. In addition, poorly-secured loads can come loose during stops or turns and spill over, potentially crushing a nearby pedestrian or motorist.
Truck collisions can also be caused because of an alcohol- or drug-caused impairment, disregarding traffic lights or road signs (whether intentionally or through inattentiveness), poor maintenance of tires, the braking system, or other parts and systems of the truck, retaining a truck driver with a documented history of unsafe driving behaviors, and other similar circumstances. Determining the facts that led to the truck crash is important, as this helps the truck collision victim know what individuals, businesses, and/or agencies may be responsible for paying compensation to the victims.
Finding out what led to a truck accident is a time-consuming endeavor requiring someone with the time to ask important questions and the knowledge of what questions to ask. Parker Waichman LLP has both, and we are committed to using assets at our disposal to investigate and resolve your truck accident injury lawsuit as quickly and successfully as possible.
How Do Truck Collision Victims in Nassau County Get Compensation?
Truck accident victims in Nassau County are able to be compensated for their economic and noneconomic losses connected with the truck collision. Economic losses are those expenses that can be easily calculated because there is an identifiable price for the good or service (like medical expenses, prescription drug costs, and wages missed from work). Non-economic losses include mental and emotional suffering and pain, the “costs” of not being available as a husband or wife or a father or mother, and the “loss” of one’s ability to enjoy life.
In order to receive financial compensation for these losses, the injured party in a truck collision must bring a lawsuit against the person or people (and/or businesses or other entities) who caused the truck collision. The injury victim should still bring a lawsuit even if he or she is also to blame for the crash: compensation is available so long as the injury victim is not primarily responsible for causing the collision (such as by cutting off a truck and slamming on his or her brakes). Before the court orders the at-fault truck driver or trucking company to pay any compensation, the victim will have to show:
- The truck driver and/or others acted in a careless way: The simple legal test to determine whether someone’s behavior is careless is this: if another person in the same position and circumstances as the truck driver and/or company would not have done what the truck driver/company would have done, then the truck driver or company acted in a careless manner.
- The careless behavior led to the truck collision: Driving while talking on a phone may be a careless decision for a truck driver to make, but if that decision had nothing to do with why the truck collision occurred, the injured victim is not entitled to compensation. For example, a truck driver who is speeding over the posted limit is driving carelessly; however, if the resulting truck collision occurred because another car cut off the truck driver and the truck driver would have had no opportunity to avoid a crash at any speed, the injury victim may not be entitled to any financial recovery.
- The truck collision is the reason for the injuries and losses the victim suffered: If the victim would have suffered the harm he or she did regardless of the truck collision, then the victim’s claim for compensation may be denied.
- The victim’s losses can be quantified and compensated: This requires the victim to prove the dollar amount of the losses he or she suffered and/or is likely to suffer in the future as a result of the truck collision. For example, the victim must produce bills and invoices showing how expensive his or her medical treatment has been to date along with evidence showing what medical treatment (and at what cost) is likely in the future.
Recovering compensation after a Nassau County truck accident, then, is no easy feat. However, with practiced Nassau County truck accident lawyers such as those with Parker Waichman LLP.
Our firm has earned a “5 Dragons” rating from Lawdragon.com and an “8” out of a perfect “10” rating from Avvo.com. We can not only help Nassau County truck accident victims in proving that another’s negligence caused their truck collisions and resulting injuries, but we can also help them recover the maximum amount of compensation possible.
How Much Does Parker Waichman LLP Charge for Nassau County Truck Accident Cases?
Parker Waichman LLP aims to make legal recovery and compensation as easy and accessible as possible for Nassau County truck accident victims. To achieve this goal, we provide a free initial case evaluation to all potential truck accident clients. To take advantage of this, potential clients and truck accident injury victims need only contact Parker Waichman LLP by phone or online and set up their free consultations. During this consultation, a caring and understanding member of Parker Waichman LLP’s team will discuss how the person was injured, answer any questions the person may have about his or her case and will explain the next steps in the recovery process.
One thing that will not occur as part of this initial consultation is this: Parker Waichman LLP will not collect any retainer payment or upfront fees. This is because Parker Waichman LLP accepts Nassau County truck accident cases on a contingency-fee basis. This means that injury victims will not be asked to come up with thousands of dollars in order to retain Parker Waichman LLP’s services. Instead, Parker Waichman LLP will get to work on a truck accident victim’s case right away and will get paid only when the truck accident victim receives compensation through a settlement or verdict.
How Quickly Should a Victim File a Nassau County Truck Accident Lawsuit?
Nassau County truck collision injury victims need to act quickly to protect their rights to compensation. In Nassau County, truck accident victims will need to file their lawsuit with the local Supreme Court in Mineola (100 Supreme Court Drive, Mineola, NY, 11501) within three years of the date the truck collision occurred. A personal injury lawsuit filed more than three years after the truck collision occurred are routinely dismissed by the Court upon a request of the opposing party without the Court considering the harm caused to the victim or the evidence of fault or blame.
There are some exceptions to this three-year time period. For example, if the victim did not realize he or she was injured until months later (due, for example, to an internal injury that did not manifest any symptoms until long after the truck crash happened), the victim may be able to file his or her lawsuit outside the three-year time period. However, this exception (and others) apply only in a very small number of cases. Rather than waiting until the last minute to file one’s case and hoping there is an exception, the better way to make sure one’s lawsuit is timely filed is to retain a Nassau County truck accident law firm to prepare and submit one’s petition for damages as soon as is practical.
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