New York Truck Accident Brain Injury
More than 5,200 individuals lose their lives due to an accident involving a truck annually and each year, more than 114,000 individuals suffer from a serious injury caused by these accidents. At Stephen Bilkis & Associates, PLLC, our New York Truck Accident Brain Injury Lawyer team is experienced in successfully fighting against trucking companies and insurance companies in obtaining victims the compensation they deserve as compensation for their injury. If you are suffering from an injury caused by a truck accident, contact us today to discuss how we can help you.
According to our research, an accident involving a truck is more devastating than regular motor vehicle accidents. This is caused mainly by the larger size of the truck. Even at lower speeds, an impact with a truck will be more devastating than an impact with a car due to the truck’s massive size.
There are several common causes of a truck accident including lack of truck driver skills and qualifications, drivers pressured by their employers to meet unrealistic time deadlines, driver fatigue, improperly loaded trucks and defective truck equipment. In most cases, not only is the truck driver responsible for your injuries but also the driver’s employer is responsible. Our New York Truck Injury Lawyer staff at Stephen Bilkis & Associates, PLLC can help you determine who is responsible for the truck accident and liable for your physical injury and property damage.
Often these cases involve negligence of another party. Negligence is defined as conduct that falls below the standard established by law for the protection of others against reasonable harm. The standard that applies depends on the particular situation, For instance, in a patient and physician relationship, the physician is held to a standard of care expected within that profession.
There must be certain elements present to have a viable negligence case. The defendant must have owed the plaintiff a duty. This duty was broken, or breached by their action or inaction. These actions by the defendant must have caused or contributed the accident, and the plaintiff suffered damages as a result.
New York is one of 13 states that are considered a pure comparative negligence state. This means that the plaintiff’s damages will not be barred by their own negligence, but rather be reduced accordingly. This is pursuant to New York Civil Practice L & R 1411.Often these injuries arise in the context of a truck driver who experiences an accident while on the job. In this instance, workers’ compensation may apply. In New York, virtually all employers must provide workers compensation for the employees pursuant to WCL Section 2.
These laws provide compensation to employees who are injured on the job. In exchange for these benefits, the employee agrees to not sue their employer directly. It is important to note however, that the employee may still have a cause of action against other parties. These can include the truck manufacturer (product liability), or the county or state that designed the roadway for instance.
A Truck accident also has unique dangers not present with other types of accidents. These characteristics include a truck jackknifing, more prone to rollovers and turning accidents. No matter what the cause of the accident or the severity of the truck accident, you may suffer from serious personal injuries, including spinal injury or brain injury. One of the most common causes of traumatic brain injury is due to auto accidents, including accidents involving trucks. The accident that caused the brain injury could be a result of driver recklessness, negligence or even carelessness. Whatever the cause, our hard-working New York Brain Injury Lawyer group at Stephen Bilkis & Associates, PLLC is here to help you.
If you or a loved one are the victim of a truck accident and are suffering from a personal injury, including a brain injury, contact Stephen Bilkis & Associates, PLLC at 800.696.9529 to schedule your free consultation. You may also contact us online or by stopping by one of our convenient office locations. We have offices throughout the New York area in New York City, Manhattan, Staten Island, Bronx, Queens, Brooklyn and Westchester County and in the Long Island area in Nassau County or Suffolk County.