NEW YORK TRUCK ACCIDENT ATTORNEYS FOR PEDESTRIANS HIT BY TRUCKS Our Lawyers Are On Your Side
Our New York truck accident lawyers have handled countless cases where our clients suffered personal injuries because they were hit by a truck. So whether you were hit by a box truck, tractor trailer, semi, big rig, or a garbage truck, our truck accident lawyers have the experience to get you the compensation you deserve. If you were injured in an accident with a truck, you need an experienced truck accident lawyer on your side. The truck’s insurance company, will begin trying to point the blame at you from the moment they are notified of a truck accident. You need a truck accident lawyer on your side to fight for you.
Most truck accidents in which pedestrians are hit by trucks occur at intersections and they are especially likely to occur when a truck is turning. Our New York truck accident lawyers know that when a pedestrian is crossing the street in the crosswalk, with the signal in their favor, the pedestrian has the right of way. So if you were a pedestrian hit by a truck, you may be entitled to a substantial award for pain and suffering. Due to the sheer size and weight of commercial trucks, serious personal injuries and even death are more likely to occur in an accident with a truck. If you were a pedestrian, injured in a truck accident, call our truck accident lawyers today.
FOR A FREE CONSULTATION WITH OUR TRUCK ACCIDENT LAWYERS
OUR MIDTOWN MANHATTAN, NYC OFFICE: 212-858-0503
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MEET OUR NYC & WESTCHESTER TRUCK ACCIDENT LAWYERS
Michael Joseph, Esq. Clifford Nelson, Esq. John Tait, Esq.
WHO WILL PAY MY MEDICAL BILLS?
One of the most frequent concern of pedestrians who were injured in a truck accident, is “Who will pay my medical bills after I was hit by a truck”. While most people in New York, have heard the term “No Fault”, they are not familiar with exactly what the no fault benefits are. Under New York law, if you were hit by a truck, the truck’s insurance carrier has to provide you with no fault benefits, regardless of who is at fault. That means you do not have to prove that the truck was at fault, in order to get no fault benefits. Instead, you have to just be able to demonstrate that the truck hit you. New York law set up this system to make sure that people who sustained personal injuries in a truck accident, get medical treatment, without having to fight over who was at fault. Under New York law the insurance company for the truck has to pay your medical bills and lost wages if you are unable to work. You should definitely not use your personal insurance, because once the insurance company realizes that you were involved in a truck accident and there is another insurance that is primarily responsible for your medical bills, your own insurance company will probably deny payment.
HOW DO I FILE A NO FAULT CLAIM FOR A TRUCK ACCIDENT- ARE THERE TIME LIMITS
In most truck accident cases, the pedestrian who was hit by the truck is taken to the hospital and then has no idea what to do next. Our truck accident lawyers deal with this scenario all the time. The first step is to get a copy of the police report, which will identify the driver of the truck that hit you, as well as the owner of the truck. The police report will also have a numeric code for the insurance company that is responsible to provide insurance benefits for the truck.
The next step is to report the claim to the insurance company and get a claim number. Then an application for no fault benefits needs to be submitted within thirty days of the accident. If a no fault application is not submitted within thirty days of the accident, the insurance carrier may deny benefits, unless you have a reasonable excuse for failing to submit the no fault application. In cases of a pedestrian, it is usually a reasonable excuse that you did not have the insurance information immediately or you were hospitalized.
PEDESTRIAN INJURY STATISTICS
Approximately half of all motor vehicle accident fatalities are pedestrians hit by vehicles. – NYC Department of Health
According to data compiled by the New York City Police Department, there are over 12,000 pedestrians struck by motor vehicles every year in New York City.
Driver inattention is the leading cause of pedestrian injuries.
CAN A PEDESTRIAN SUE THE TRUCK DRIVER FOR HITTING THEM
Yes, if you were a pedestrian hit by a truck and the truck was even partially at fault, for hitting you, you can sue if you sustained a personal injury. Our New York truck accident lawyers have decades of experience in representing pedestrians who were hit by trucks. One of the most frequent questions our truck accident attorneys are asked is how much can I sue for if I was hit by a truck. The answer is that the amount of money that you can receive for compensation from a truck accident depends on a number of factors, and the most important one, is the severity of the injury. In other words, the more serious an injury is, the more you are entitled to for pain and suffering. Also if you are unable to work, or have sustained a reduced earning capacity because you can no longer do a physically demanding, but high paying job, such as construction, because of your injuries, then you can sue to recover the money that you would have earned, if you had not been injured.
HOW DO I PROVE THAT THE TRUCK WAS AT FAULT FOR THE ACCIDENT
Our New York truck accident lawyers are thoroughly familiar with New York’s vehicle and traffic law, which sets out the rules of the road that all vehicles, including trucks are required to obey. Additionally, our NYC truck accident attorneys know that New York City has local regulations which are especially favorable for pedestrians. If a truck driver violates the rules of the road, or New York City's traffic regulations, that is sufficient proof of negligence in the operation of the truck, to allow an injured pedestrian to bring a lawsuit.
TURNING TRUCKS HITTING PEDESTRIANS
New York state law, provides the pedestrian with the right of way when in a cross walk with the light in their favor. New York City Law actually makes it a criminal offense for a vehicle to hit a pedestrian because they failed to exercise due care to avoid hitting the accident. When a truck has the green light and makes a turn, usually the pedestrians have the walk signal, and the right of way. Our NYC truck accident attorneys have heard all of the arguments that the trucking companies come up with to avoid responsibility for hitting a pedestrian. Some of the most usual excuses are that the pedestrian failed to yield, or that the pedestrian just walked into the side of a turning truck. Our NYC truck accident lawyers know that these excuses are nonsense, because in a crosswalk, the turning truck has to yield to the pedestrian, not the other way around. In other words, it is the truck driver’s responsibility to make sure it is safe for him to turn and that there are not any pedestrians who may be put in danger by the truck turning.
Another common claim that truck drivers come up with to try and avoid responsibility for hitting pedestrians is the claim that the pedestrian came out of nowhere. This excuse usually comes up when the truck driver claims that the pedestrian suddenly appeared in front of their vehicle or they just heard a bump on the side of their trailer. Our NYC pedestrian accident lawyers know that these claims are not an excuse, because New York law requires that truck drivers keep a proper look out and see what there is to be seen. This requirement includes that truck drivers properly use their mirrors, which when properly used, eliminates any blind spots. Our NYC truck accident attorneys know that the most common cause of trucks hitting pedestrians is the truck driver being distracted or not paying proper attention. Our truck accident lawyers have extensive experience in proving that the truck driver violated the Vehicle and Traffic law, which is proof, in and of itself that the truck driver was negligent.
If you were a pedestrian hit by a truck, call our truck accident lawyers today for a free consultation.
WHAT IF I WASN’T IN A CROSS WALK
Even if you were not in a cross walk when the truck hit you, New York law requires that all trucks exercise due care to avoid hitting pedestrians. So while you may be partially at fault for not crossing at the crosswalk, the truck is still at fault for hitting you. New York law does not prevent you from suing for your personal injuries, because of comparative fault, although the amount that you ultimately receive may be reduced.
TRUCKS PULLING AWAY FROM THE CURB
In New York City, trucks park along the curb to make deliveries, all the time. New York law requires that all vehicles, including trucks pull away from the curb, only when it is safe to do so, and the truck has to yield to people, who are already walking in the street. So if you were hit by a truck that pulled away from the curb, the fact that the truck hit you, shows that it was not safe for the truck to leave the curb. In other words, this type of accident can only happen if the truck driver was not paying proper attention and keeping a proper lookout.
WHAT IS THE STATUTE OF LIMITATIONS FOR A TRUCK ACCIDENT
In New York, the general statute of limitations is three years from the date of the accident, however, there are exceptions. If your loved one died because they were hit by a truck, the general statute of limitations for wrongful death in New York is two years. Also if you were hit by a municipal or city truck, such as a New York City Sanitation truck, then you have to file a notice of claim within ninety days of the accident, and you only have a year and ninety days to file a lawsuit.