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Staten Island 18-Wheeler Accident Lawyer

Were You Hurt by an 18-Wheeler? Was a Loved One Wrongfully Killed? Call Our Staten Island 18-Wheeler Accident Lawyer for Help

Large commercial vehicles such as 18-wheelers are one of the most dangerous types of vehicles on our roads. Statistics support this, as each year almost 6,000 people are killed and 155,000 people are injured in 18-wheeler wrecks throughout the United States. Despite that 18-wheelers represent a minority of all vehicles registered on our roads, they represent a disproportionally higher number of traffic fatalities than other motor vehicles. Indeed, trucks present a danger to everyone else on the roads, as statistics reveal that 72% of these fatalities were to the occupants of other vehicles and not to truck drivers or passengers in trucks. Unfortunately, these statistics are trending upward and have increased almost 20% over the last year and 50% over the last decade. This has left many victims and their families with significant pain and suffering, lost wages, medical bills, and other losses due to an 18-wheeler wreck. If this is you or your family, call our Staten Island 18-wheeler accident lawyer for help.

Here at the O’Connor Law Firm, our compassionate and experienced bodily injury team can help victims and their families recover compensation for their damages after an 18-wheeler accident in Staten Island or anywhere else in New York City. These are complicated cases, both because of the law but also because of the magnitude of the personal injuries that are commonly caused by 18-wheeler wrecks. As a result, victims and their families need to hire an experienced Staten Island 18-wheeler accident lawyer such as ours who has the resources and experience handling these types of crashes and these types of catastrophic injuries. To learn more about how the O’Connor Law Firm can help you, contact us today to schedule a free consultation.

 

Dangers of 18-Wheeler Accidents in Staten Island 

Although there are common issues that occur in all types of motor vehicle accidents, 18-wheeler accidents are different for several reasons. First, their heavy weight generates more momentum at lower speeds which means they also generate more force in an impact. Part of this is because large trucks haul cargo, those there are also inherent risks with that cargo being properly secured, not overweight, and not a specific danger by itself.

Next, 18-wheelers also have different equipment systems than other vehicles. The most notable is their braking systems, which are air brakes, and must be both properly used by the driver and maintained by the driver and the company. Other systems such as the steering, lights, trailer, and other gear are also fundamentally different than smaller, passenger vehicles. In fact, one of the most unique pieces of equipment that 18-wheelers have but most passenger vehicles do not is an electronic control module (ECU). This device functions like an airplane’s black box and can be used to help prove a case, if a lawyer knows to obtain its data as soon as possible after an accident.

Lastly, large commercial vehicles also are subjected to other sets of rules and regulations. Although all 18-wheelers operating in New York must comply with New York law, they must also comply with the Federal Motor Carrier Safety Administration (FMCSA) rules and regulations. These rules set the minimum requirements that must be complied with as it relates to operating a large commercial vehicle, types of equipment, maintaining the vehicle, and otherwise ensuring safe operation.

Based on these three points, it is imperative that victims and their families retain an experienced Staten Island 18-wheeler accident lawyer who understands the different equipment that could be a cause of a crash, knows to obtain ECU data, and understands how FMCSA regulations can help prove a case.

 

Types of Staten Island 18-Wheeler Accidents

There are several different ways that 18-wheeler accidents could occur in Staten Island. The overwhelming majority of these types of accidents are completely avoidable when a truck driver exercises reasonable care under the circumstances in the use or operation of an 18-wheeler. Unfortunately, that does not always happen.

Some of the most common types of 18-wheeler wrecks include the following:

  • Distracted driving, including texting while driving
  • Drunk driving and drugged driving
  • Speeding, including driving too fast for the weather conditions
  • Equipment failures, including tire blowouts, steering column failures, or braking failures
  • Improper left turns
  • Failure to yield
  • Running a red light or stop sign
  • Improper backing up
  • Unsafe lane changes or merging
  • Failure to check blind spots
  • Rear end collisions and following too closely
  • Drowsy driving and falling asleep at the wheel
  • Driver inexperience, inadequate training, and lack of monitoring
  • Unsecured loads and improper cargo stacking
  • Unrealistic delivery schedules that require speeding
  • Not stopping during inclement weather conditions
  • Aggressive driving or road rage
  • Jackknifed truck
  • Taking a turn too fast
  • Rolling over or flipping over
  • Failing to use hazard flashers or signs when disabled, and
  • Other types of mechanical or equipment failures that could result in an 18-wheeler accident in Staten Island.

 

Common Injuries From 18-Wheeler Wrecks in Staten Island 

There are also many different types of personal injuries that could be caused by an 18-wheeler accident. Although all motor vehicle accidents can cause serious, debilitating, and catastrophic personal injuries that could be life-changing or fatal, 18-wheeler wrecks are more likely to cause these types of injuries because of their powerful momentum. These types of personal injuries often require more than just a treating physician to prove a claim, but also an expert such as a medical expert, economist, life care planner, vocational expert, or other types of qualified expert who can help prove damages in an 18-wheeler wreck.

Some of the most common types of personal injuries from truck wrecks that our Staten Island 18-wheeler accident lawyer can handle include the following:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries (SCIs)
  • Amputations or loss of a limb
  • Crush injuries
  • Broken bones
  • Shoulder injuries such as SLAP tears, biceps tears, triceps tears, AC joint damage, dislocations, separations, rotator cuff tears, and other damage to the shoulder
  • Organ injuries
  • Blindness
  • Burn injuries
  • Knee injuries such as meniscus tears, ligament tears to the ACL, PCL, MCL, or LCL, fractures, dislocations, separations, crushing injuries, or other damage to the knee
  • Neck injuries or back injuries, including herniated discs, annular tears, need for spinal fusions, and other spinal column injuries
  • Paralysis such as paraplegia, quadriplegia, monoplegia, hemiplegia, or other paralyzing-type injuries
  • Significant scarring and disfigurement, especially from high-speed collisions, explosions, fires, and other damage
  • Emotional injuries such as PTSD, anxiety, depression, and other related conditions along with a physical injury
  • Loss of a pregnancy
  • Wrongful death
  • Head injuries
  • Nerve injuries, including brachial plexus or facial nerves, and
  • Other types of serious personal injuries that the O’Connor Law Firm can handle for you and your family.

 

FMCSA Violations that Could Cause an 18-Wheeler Wreck in New York

New York statutory law, or legislatively-made law, is the primary source for vehicle and traffic accidents. Violations of the traffic law can be used to automatically prove liability against a defendant through the doctrine of negligence per se, which is an important tool for victims. In addition to New York law, there are many different types of FMCSA violations that could also result in serious personal injuries to victims and their families too. These FMCSA violations may be used as “evidence of negligence” through the doctrine of negligence per se, which allows a victim to use a regulatory violation to help prove liability in a trucking accident. Although it is not as strong as a statutory violation, a FMCSA violation is still very persuasive and helpful to establishing liability against a negligent truck driver or trucking company.

Some of the most common FMCSA violations include the following:

  • Hours of Service rules – also known as HOS rules, these rules govern how many hours that a truck driver may operate a commercial vehicle before needing a rest during a single 24-hour period, 7-day period, and 8-day period. Violations of these FMCSA rules are common.
  • Drug and Alcohol Use – FMCSA regulations prohibit the use of drugs or alcohol while operating a commercial vehicle. In fact, FMCSA prohibitions on alcohol are some of the strongest in the United States, preventing drivers from consuming alcohol within 4 hours of starting a shift. Drivers also cannot have more than a 0.0 BAC without it being a violation.
  • Cell Phone Use/Texting – FMCSA regulations outright prohibit texting, except for emergencies. Any truck driver or trucking company who violates this regulation is also violating New York law, and is likely negligent for an 18-wheeler accident caused by this distraction.
  • Hazardous Weather – the FMCSA regulations require commercial vehicles to stop during inclement weather when it is unsafe to continue operating. Therefore, nearly any trucking wreck that occurs during inclement weather like a snowstorm will likely result in liability under both New York law and this FMCSA regulation.

 

Can I Still Recover Compensation in an 18-Wheeler Accident if I was Partially at Fault?

Yes, victims who may have been partially at fault for their 18-wheeler accident and the occurring injuries may still be entitled to compensation for their damages. That is because New York is a comparative fault state, which means that a victim’s fault can be proportionally used to lower his or her recovery. Therefore, a victim who is injured but may have contributed to his or her accident, may still be able to recover compensation in New York.

For example, if a victim is awarded $200,000 by a jury but is found to be 10% at fault, a court will likely reduce the award by 10% to a total of $180,000.

What is important to realize with this example is that a defense lawyer or insurance adjuster can attack your claim in two ways. First, they will argue that your case isn’t worth as much money as you want and deserve. Second, they will argue that, despite the amount, you were largely the cause of your accident and comparatively at fault. Therefore, they will shrink your total amount and expand the percentage to dramatically decrease what you may be entitled to under the law. This is why it is important for victims and their families to hire an experienced 18-wheeler trucking accident lawyer to protect their rights to compensation.

 

Injured by a Negligent Truck Driver in New York City? Call Our Staten Island 18-Wheeler Accident Lawyer for Help

The O’Connor Law Firm offers victims and their families dedicated and personalized representation, rather than using a cookie-cutter approach that far too many other personal injury lawyers use. We thoroughly examine and work with leading experts to help build a client’s case, working with treating physicians, law enforcement, and most importantly you, to help obtain the compensation that you deserve. Given that 18-wheeler accidents also place significant strain and victims and their families, we also do not charge for a case evaluation and we pay the upfront costs of litigation for clients. We only get reimbursed for those costs and have our legal fees paid once we recover compensation for you and your family.

As a result, there is no upfront cost, no financial risk, and no out-of-pocket expenses to begin working with our Staten Island 18-wheeler accident lawyer. To learn more about your rights under New York law and to get your free case evaluation scheduled with our legal team, call by dialing (866)-927-3809 or by sending us an email through our “Contact Us” box available here