Brooklyn Truck Accidents

When someone is the victim of a truck accident, there is a good chance that that person will suffer a serious injury such as a spinal cord injury, brain injury, neck injury, broken bones, or a contusion. A spinal cord injury is caused when trauma to the spinal cord crushes, fractures, or dislocates one or more of the spine’s vertebrae. When drivers operate their vehicles in a negligent manner by speeding, driving recklessly, or driving while intoxicated, for example, accidents occur. Annually truck accidents and other types of auto accidents account for over 40% of new spinal cord injuries in the United States. When the injury is to the spinal cord, the victim's life and the lives of the victim's family members are forever changed. Spinal cord injuries often cause the victim to lose significant amount of independence so that they have to depend on others to help with daily activities of living. In addition, spinal cord injuries can leave the victim with significant lifetime medical costs. If you or a family member suffered a spinal cord injury in a truck accident, car accident, or SUV accident due to the negligence of another person, you may be entitled to compensation for your injuries through a personal injury claim. Contact an experienced Brooklyn Truck Accidents Lawyer who will explain to you your legal rights and who will work hard to ensure that you receive the compensation to which you are entitled under New York law. In addition, if while treating you for your injuries your doctor makes a mistake such as a misdiagnosis resulting in a medical malpractice claim, the truck driver may be legally required to compensate you for that as well.

Of course truck drivers must follow the same basic rules of the road as cars, such as stopping at red lights and obeying posted speed limits. However, the trucking industry is subject to additional rules both on the federal and state levels that effect the licensing of truck drivers, the insurance trucking companies must carry, and the operation and maintenance of the trucks.

In order to qualify for a license to drive a commercial truck, drivers must attend special classes on how to operate a truck safely. 49 CFR §380. Thus, if you are injured in an accident where the truck driver did not receive the proper training or did not have the required license, then the truck driver will be liable for your injuries. If the trucking company that employed the driver knew that the driver was not properly trained or failed to make sure that the driver had the proper training and credentials, then it was negligent as well. In addition, the Federal Motor Carrier Safety Administration (FMCSA) issued regulations requiring routine alcohol and drug testing for truck drivers, the proper transportation of hazardous materials, compliance with hours of service rules, maintaining log books, and truck maintenance. If a truck driver or his or her employer violates any of the FMCSA's rules resulting in an accident, then negligence can be fairly easily established, strengthening a victim's personal injury lawsuit against the truck driver and the trucking company.

There are many types of spinal cord injuries including paraplegia, quadriplegia, anterior cord syndrome, posterior cord syndrome, central cord syndrome, and herniated disks. While some spinal cord injuries cause paralysis, paralysis is not the only symptom of an injury to the spinal cord. Other symptoms include pain in the back, neck or head, numbness, tingling, bladder or bowel dysfunction, and muscle spasticity.

A severe spinal injury requires a long, painful course of treatment and period of recovery. Victims face significant medical expenses including fees associated with emergency room treatment, the hospital stay, treatment by doctors, physical therapy, assistive equipment, and medication. To make matters worse, while you are recovering you will not be able to work and earn an income to pay for your medical expenses and support your family.

Fortunately, if your spinal cord injury was due to the accidental or intentional act of another person, under New York law you have the right to pursue compensation through a personal injury claim. You may be able to recover both past and future medical expenses including hospital bills, expenses for surgery, rehabilitation fees, and fees for prescription medication. You may also be able to recover the cost of assistive equipment such as a wheelchair as well as modifications to your home to make it accessible. Furthermore, you may be able to recover both lost wages, loss of future earning capacity and pain and suffering.

If you or a loved one was injured in a truck accident that resulted in a spinal cord injury, contact an experienced attorney who understands both the legal issues associated with personal injury cases and truck accident cases as well as the medical issues associated with injuries to the spine. The staff at Stephen Bilkis & Associates, PLLC is experienced in handling personal injury and wrongful death cases stemming from car, truck, SUV and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.