Understanding the Truck Accident Claim Process

Truck accidents tend to be far more catastrophic than those involving passenger vehicles, due to such factors as their size and weight. If negligence was responsible for the accident, the victim has the right to recover damages. Recovering those damages is no simple task and should only be done with the assistance of legal counsel. Were you or a loved one hurt in a truck accident due to someone else’s irresponsible conduct? Give Miller, Montiel, & Strano, P.C. a call. Factors that complicate truck accidents Not only are injuries involving large trucks generally worse compared to those with smaller vehicles, but the procedure for seeking damages is more complex. To begin with, there may be multiple defendants involved, from the truck driver and his or her employer to the truck’s manufacturer and the company that loaded the cargo. There may also be more evidence to obtain and preserve, such as the truck’s black box recording device. Federal trucking regulations may come into play and could provide additional evidence of negligence. As one example, rules limit how much time a truck driver can spend on the road. If the trucking company directed the driver to violate this rule, that’s a strong indication of negligence. There are also more nuances to the settlement negotiation process due to the possibility of multiple defendants and the potential for significant damages. Compensation you could be able to claim As to those damages, a victim may be eligible to demand a number of them from the liable parties. Every truck accident is different, so the type and amount of damages a victim can seek will be different from those of another wreck. These are a few examples: Non-economic damages. This technical term refers to a category of damages that includes losses that are generally the most significant in these types of cases. Damages for non-economic losses include compensation for your personal injury, pain and suffering, loss of your ability to enjoy life, psychological injuries, emotional distress and disability. Medical bills. A serious enough accident could leave someone hospitalized for weeks or months. The victim may require surgery, physical therapy, rehabilitation, prescription medications, adaptive medical equipment, and more. Medical expenses could be incurred long into the future, but the victim can seek compensation for these as well. Lost wages and lost earning capacity. While the victim is recovering from his or her injuries, seeing the doctor for follow-up medical appointments, and tending to other business related to the accident, time will be missed from work. If the victim's injuries are especially severe, he or she may not be able to work at the same level or in the same career as before, costing the person future income, raises, and benefits. Property damage. The responsible party can be required to pay to repair or replace the victim’s vehicle, along with personal property lost in the accident. Wrongful death expenses. If the victim dies in the truck accident, eligible survivors can seek certain wrongful death damages such as the victim’s final medical bills and funeral expenses. Wrongful death claims are similar to personal injury lawsuits, and our law firm can help you pursue one. Let Our Experienced Truck Accident Attorneys Advocate For You Truck accident damages can be quite substantial, but you do not have an endless amount of time to request them. Deadlines apply to legal claims and it can be more difficult to obtain the supporting evidence you need if you wait too long. Reach out to Miller, Montiel, & Strano, P.C. today to get started on your case.

The size, weight, and speed of commercial trucks make these vehicles deadly if they are involved in an accident. This is one reason that a unique set of regulations apply to truck driving. These rules, put forth by the Federal Motor Carrier Safety Administration (FMCSA), regulate both truck drivers and their employers. One rule requires the use of a log book to document a driver’s activity. After an accident, log books are often examined to uncover evidence of negligence. It’s no wonder, then, that truck drivers and their employers sometimes falsify these records to hide such evidence. If you’ve been involved in a truck accident, you will need dedicated legal counsel. Count on Miller, Montiel & Strano, P.C. Why log books are required Truck drivers are on the road for a significant amount of time, covering many miles as they transport goods. Because of the size and weight of their vehicles, combined with other factors like speed, an accident involving a truck could have deadly consequences compared to an accident involving a passenger vehicle. The FMCSA recognizes this increased risk, and also understands that a truck driver could be susceptible to numerous types of irresponsible behavior while behind the wheel. One prime example of such conduct is driver exhaustion due to failure to take required breaks from long hours on the road. The log book exists to discourage and hopefully prevent such behavior. It is used to document the driver’s activities, such as the amount of time driving versus how much time is spent resting in a sleeper berth. This information must be recorded in the log book because the FMCSA limits the number of hours a driver can be on the road before needing to take a break. The log book therefore aids in compliance purposes. Why log book fraud happens Violations uncovered in the log book are serious. They could result in fines to the driver or trucking company, revocation of a truck driver’s license, and other penalties. Unfortunately, this creates a temptation to falsify the log book. It’s not uncommon for trucking companies to pressure their drivers to manipulate log book information under threat of losing their jobs. Often, this is done to permit the driver to violate FMCSA regulations by driving longer hours. More driving translates to higher profits and higher pay for drivers (since they are often paid by the mile). But doing so puts the public at risk of a truck driving accident. A driver or company may create “clean” logs to cover up FMCSA violations and thereby hide evidence of negligent conduct. What this amounts to is destroying evidence. But how does an attorney uncover proof of this? Demonstrating log book fraud One of the first things a truck accident attorney will do is review the driver’s log book. To be sure, it is difficult to prove these records have been falsified. But it is not impossible. Your attorney can use the discovery process to uncover other evidence that will either contradict or corroborate what’s in the log book. For example, receipts of purchases made at truck stops and cell phone data can place a driver at a specific location at a specific time. Your attorney will work to find this and other relevant evidence of negligence. Fighting For the Rights of Truck Accident Victims If it turns out the log book data was fabricated, this fact will go a long way in demonstrating negligence. Having the right law firm behind you will make all the difference in how your accident case turns out. If you or a loved one have been injured, contact the personal injury team at Miller, Montiel & Strano, P.C.

Bus and truck accidents in Long Island and New York City continue to cause serious injuries and tragic loss of life. These large vehicles, whether operated by municipal services or private companies, pose a heightened risk on crowded roadways. Recent accidents across the region highlight the dangers: In Williamsburg, Brooklyn, a garbage truck turning on Bushwick Avenue struck and killed a 26-year-old moped rider. In The Bronx, an oil truck collided with an electric bicycle, killing the passenger at Southern Boulevard and Bruckner Boulevard. In Elmhurst, Queens, a 70-year-old pedestrian was fatally struck by an MTA bus. In Old Westbury, Long Island, a dumpster truck crashed into a school bus, injuring several children and the driver. In North Lindenhurst, a school bus and car crash at Sunrise Highway and North Delaware Avenue left 10 people injured, including four children. In North Babylon, a school bus carrying a high school track team hit a utility pole, injuring nine students. These incidents serve as a stark reminder that bus and truck collisions are not rare—and they often result in catastrophic injuries. Common Causes of Bus and Truck Accidents in New York Although the details vary, many of these collisions are the result of preventable mistakes. Common causes include: Unsafe right or left turns Failure to observe red lights or stop signs Poor vehicle maintenance Speeding or reckless driving Driver distraction or fatigue Ignoring road conditions Drivers of commercial and municipal vehicles have a heightened duty of care due to the size, weight, and limited maneuverability of these vehicles. When that duty is violated, the consequences can be devastating. Legal Challenges After a Bus or Truck Accident If you or a loved one is injured in a bus or truck accident on Long Island or in NYC, you may be entitled to financial compensation. However, claims involving municipal or government-owned vehicles are subject to special rules and time limits. For example: Municipal vehicles such as MTA buses or sanitation trucks may require a Notice of Claim to be filed within 90 days of the accident. In some cases, the deadline is even shorter. To receive No-Fault benefits for medical expenses and lost wages, paperwork must be filed promptly—often within 30 days. Failure to act within these strict timeframes can mean losing your right to compensation altogether. Why You Need a Truck or Bus Accident Lawyer in Garden City, NY Given the complexity of claims involving school buses, city transit, or commercial trucks, it’s essential to consult a knowledgeable attorney. The legal team at Miller, Montiel & Strano has decades of experience handling personal injury claims in Garden City, throughout Long Island and in the five boroughs of the City of New York. We understand: How to investigate crashes involving large vehicles The difference between municipal liability and private company liability How to ensure your claim is filed correctly and on time How to pursue maximum compensation for your injuries, pain and suffering, and lost income Injured in a Bus or Truck Crash? Contact Miller, Montiel & Strano Today Don’t wait. If you or a loved one has been injured in a bus or truck accident in Garden City, Long Island, or anywhere in New York City, protect your rights by speaking with a skilled personal injury lawyer. The attorneys at Miller, Montiel & Strano will evaluate your case, handle all filings, and fight for the compensation you deserve. Call us today or fill out our online contact form for a free consultation. FAQ: Bus and Truck Accident Claims in Long Island and NYC What should I do after being injured in a bus or truck accident in New York? Seek medical attention immediately. Then, try to gather evidence like photographs, witness contact info, and a copy of the police report. Contact an experienced accident attorney as soon as possible to preserve your legal rights. Is there a time limit to file a claim against the city or MTA? Yes. If a municipal vehicle is involved, you typically must file a Notice of Claim within 90 days of the crash. Missing this deadline can bar your claim. Can I get compensation even if I was a pedestrian or bicyclist? Yes. Whether you were walking, biking, or in another vehicle, if a bus or truck driver was negligent, you may be entitled to compensation for your injuries. How is a truck accident different from a car accident? Truck accidents often involve more severe injuries and may include multiple liable parties, such as the driver, trucking company, and maintenance provider. They also involve more complex regulations and insurance issues. Do I need a lawyer for a school bus crash claim in Long Island? Yes. School bus accidents typically involve municipal school districts or private companies. An experienced lawyer will help you navigate the filing deadlines and liability complexities to ensure you get the compensation you deserve.