Truck Accidents: How They Differ From A Regular Car Accident And What Steps You Should Take

Truck accident Attorney NY

The streets, roadways and highways of New York can be a dangerous place for anyone, be it a pedestrian, bicyclist or motorist. Thousands upon thousands of vehicles take to the city streets, roadways and highways of Manhattan and the outer boroughs each and every day. From the smart car to the regular sedan, SUV’s, huge commercial vehicles and trucks like 18 wheelers or what are commonly referred to as “Big Rigs,” our streets, roadways and highways must accommodate every type of vehicle and more importantly, must also protect pedestrians and bicyclists alike.

There is no way that any small vehicle, pedestrian or bicyclist can compete on a roadway with these “big rigs” or so called large commercial vehicles. If these vehicles are not operated properly, or worse, aren’t maintained properly, an accident can occur which can have devastating consequences such as a catastrophic injury or in some cases death.

‘ACCIDENT’S INVOLVING TRUCKS ARE DIFFERENT THAN THOSE INVOVLING CARS NOT ONLY IN TERMS OF IMPACT BUT IN TERMS OF THE LAW THAT APPLIES’

For this reason, the laws are different when it relates to the operation of a commercial vehicle and these huge trucks. It’s important to note that truck drivers are professionals, who drive for a living on a daily basis and who need to adhere to a stricter standard when driving. Truck drivers are required not only to obtain the standard state license but they also need to obtain a Commercial Drivers License (“CDL”) in order to operate trucks on our roadways. In addition to the local vehicle and traffic laws, commercial drivers can also be required to abide by the strict Federal Motor Carrier Safety Regulations (“FMCSR”). The FMCSR in essence lays out the basic minimum standards required of drivers and their employers involved with the operation of commercial motor vehicles in interstate commerce.

Although trucking companies employ experienced truck drivers to carry goods from one place to another, the number of accidents caused due to driver negligence has been increasing at an alarming rate. One of the most common reasons for truck accidents is truck driver tiredness, fatigue and being overworked. Because of fatigue, drivers often lose consciousness resulting in dangerous accidents and ultimately, lawsuits. The pressure on drivers to make deliveries on time in spite of rush hour traffic, road works, weather conditions causes drivers to take extra risks, work longer hours, drive a little faster and these risks and choices that the driver and his/her company take can result in devastating consequences for the unsuspecting driver, pedestrian and bicyclist.

Sometimes the trucking companies themselves neglect to complete even the most basic and routine inspections and/or provide regular maintenance to the trucks, thereby failing to comply with the FMCSR, local laws and ultimately neglecting public safety. You and I know that if a truck and its competent driver leave the yard, loading dock, shelter or construction site with faulty brakes, poorly functioning lights, bald and inadequate tires, that “big rig” is just a disaster waiting to happen.

In the last twelve months alone in New York City, countless truck accidents have occurred and countless lives have been lost.

In August, a 67 year old woman was struck by a pick up in Chelsea, Manhattan.
In July, a 58 year old man was struck by a truck on 5th Avenue.
In February, a 27 year old woman was struck by a truck and killed in Midtown in the early hours of the morning.

These are just three of a number of examples of pedestrians and motorists injured and maimed in truck accidents on New York city streets.

Trucking accidents can be caused by a wide variety of reasons and it is crucial to consult with an experienced attorney who knows what to look for, where to look for it and how to handle a trucking accident case because it’s crucial to note that a trucking accident case differs from a simple passenger vehicle car crash. Whether it involves investigating the log book of the driver, the bills of lading, the GPS records, the black box data, the mechanical operation of the truck or something as simple as an investigation into the drivers history, background, experience and competency, you need a truck accident attorney that is familiar with the area and knows how to handle your case.

I WAS INVOLVED IN A TRUCK ACCIDENT, WHAT SHOULD I DO?

If you or a loved one has been involved in a truck accident, sometimes understanding what needs to be done can be overwhelming. Your health is paramount so taking care of your physical well being is first and foremost. That means, calling the EMS and/or going to the ER or Urgent Care and receiving treatment for each and every complaint. REMEMBER it is crucial to notify the medical personnel about each complaint and niggle, not just the one that hurts the most at that time. After taking care of yourself and physical well being, you should take the time to realize what your legal rights are because you could be entitled to compensation.

The Law Offices of Darren T Moore are a leading truck accident law firm of New York and we want to help you in your pursuit of legal action. It is for this reason that we have taken the time to provide you with the following steps that we encourage you to take if you’ve been involved in a truck accident.

  • Gather Information: As above, firstly, be mindful of yourself and therefore gathering information may be the last thing on your mind and may be impossible depending on the extent of your injuries. However, if you can, it is imperative that you gather as much information as possible about the other driver. This will include their drivers license, license plate number, insurance policies, and the company that the truck driver works for. Also if you have the time, take note of the DOT number that most often will be located on the drivers door of the truck itself and also on the trailer that is attached to the truck. Note that these two numbers may differ.
  • Report The Accident: It is important to call the police and the EMS if there are any injuries. The Police officers will make a report of the accident, document all parties information, take details and even statements from the parties involved and any potential witnesses. The EMS medical professional that report to the incident will be able to check and document any injuries or complaints made.
  • Take Photos Of All Vehicles And Of Any Injuries: Photographic evidence can be crucial for your case. If you have any visible injuries you can document them, and make sure to take photos of all vehicles involved and any damage to any vehicle. If you were in an automobile during the time of the incident, in some scenarios a claim adjuster from the insurance company can determine the fault based on the location of damage done to a vehicle.
  • Seek Medical Attention: As already noted, seek medical attention. Sometimes it may take days for any injuries to flare up so if you feel any niggles, discomfort and pain, seek medical attention. It is better to be safe than sorry. When you seek medical attention, a medical professional will be able to closely examine you and make any notes or observations in your medical record related to any injury sustained. This information is crucial should you bring a case at a later date.
  • Contact A Personal Injury Attorney: After you’ve made sure that your health is taken care of, it is important that you get legal assistance as soon as possible. An experienced truck accident attorney can help you with the entire process. They will make sure that none of your evidence is lost or compromised, and that you get the medical care that you need.

Being involved in a crash or accident with a truck can be a truly traumatic experience but with the little knowledge and advice as provided above, it can make it a little less daunting. The Law Offices of Darren T Moore have highly trained and educated truck accident attorneys that are here to assist and guide you through the process. We hope that you never have to be involved in an accident but if you do, we want to help you protect your rights by ensuring that the proper attorney represents you. Call The Law Offices of Darren T Moore PC for a consultation and we can discuss your case, and see how our truck accident attorneys can help you. (917) 809-7014.

Don’t Become A Victim; The Law Offices Of Darren T Moore’s Bike Accident Attorneys Are Here To Help You

Bike Accident Attorney New York

The number of cyclists who have died on city streets and roadways in 2019 is more than double and coming close to triple the number of cyclists killed in all of 2018. 10 cyclists were killed in 2018 and to date, 28 bicyclists or e-bike riders have been killed after being struck by vehicles and trucks on New York streets and roadways.

On Sunday November 17, 2019; a 25-year-old cyclist was the 28th person killed on our roads when a dump truck made an illegal U-turn in a supposed attempt to get onto the Willis Avenue bridge from a service road.

The New York Police Department writes over 1,000,000 moving violations on average every year which means that pedestrians and bicyclists are at a serious risk each and every day on the streets and roadways.

Too often, car and truck drivers are too careless, lazy or too distracted to notice the everyday bicyclist in the nearby bike lane. Whether it’s a truck driver double parked who opens the door into a bike lane, a motorist making a left turn at an intersection without checking their mirror’s or big trucks simply hogging the travel lanes, bicyclists have to be extra vigilant. In an era where more commuters are being encouraged to take the cleaner and healthier commute to work and around the city, the authorities and government need to be doing more to protect the bicyclist in New York. On July 25th of this year, Mayor De Blasio announced a $58.4 million five-year plan, called the “Green Wave” with the aim of adding new bike lanes, redesign intersections and step up enforcement of traffic laws. In the Mayor’s own words, cycling in New York City is in a state of “crisis” and “emergency.”

If you or a loved one have been injured in a bike accident, whether riding a bike, e-bike or motorcycle in New York City, you may be entitled to compensation and you should contact the bike accident lawyers at the Law Offices of Darren T. Moore P.C.

At the Law Offices of Darren T. Moore our bike accident attorneys have the experience dealing with bike accident cases to help guide you or your loved one through what can be a difficult time in life. You want a bike accident personal injury attorney who knows the applicable laws, rules and regulations that apply in bike accident cases and you want an attorney who cares and will fight to the end to get you or your loved one 100% justice and compensation.

It’s crucial that you find a personal injury attorney that is familiar with the New York Vehicle and Traffic Laws and also the Federal Motor Carrier Safety Regulations that may apply if your bike accident involved a commercial vehicle. You want a personal injury attorney who is proactive, who will obtain whatever surveillance that may have captured your accident, an attorney who will take charge and file your no-fault insurance application so that your medical bills and treatment are covered and a bike accident attorney who can take charge of everything and leave you with one responsibility, getting the treatment you need to take care of your physical well-being.

You want the personal injury attorneys at the Law Offices of Darren T. Moore P.C.
Our goal is “MOORE JUSTICE” for each and every one of our clients.
Call now for a FREE CONSULTATION.

Construction Accidents: Things you need to know!

Construction Accidents

Enacted in 1855, New York’s ‘scaffold law’ serves to protect all construction workers who risk life and limb to build this magnificent city but unfortunately, construction workers are injured on job sites throughout New York each and every day because of dangerous conditions and shortcuts taken. With any dangerous undertaking, there are risks involved but the sad reality is that in a lot of cases, the accidents can be avoided. Whether it’s a reckless sub contractor; a demanding owner/developer; a careless and cavalier site safety officer; or just simply a job where the bottom line takes priority over a workers safety, construction workers are injured day in, day out.

If you or your loved one has suffered any injuries while in the course of any construction related activities such as for example, building, repairing, renovating, pointing, cleaning, demolishing, constructing or excavating, immediately consult an experienced, reputable personal injury lawyer. At DTM, we provide the best legal assistance in all types of personal injury cases and have extensive knowledge and experience when it comes to construction accident cases and the relevant laws that apply.

Before you hire a lawyer, here are some of the things you need to know about construction site accidents.

The following are the most common types of construction site accidents.

Falls From Height – One of the most common accidents that occur on job sites and one of the main reasons that New York enacted in 1855 what is referred to as the “scaffold law” is because of these types of accidents. Construction work brings with it many risks and one of those risks is the need for workers to work at significant heights as the building is being built. In order to protect those workers, the Courts require that certain precautions be taken and certain equipment be provided to prevent any injuries. Court’s require that suitable equipment is used in certain situations such as using a steel scaffold as opposed to an A frame ladder or requiring that a person be tied off to an anchor point by means of a harness. Safety nets, sidewalk sheds, hoists, pulleys and slings are examples of equipment that the Court requires use of in certain elevated situations. Falls can occur in many different situations and each case is fact specific, it could be a fall from unsecured scaffolding, the planks aren’t flush or the planks aren’t strong enough, it could be that the ladder used is defective, it’s not long enough, doesn’t have rubber feet or it’s just not the correct type of ladder to be used. Falls from ladder’s are the most common type’s of a fall’s from a height on construction site’s. In this type of accident, the worker often sustains injuries, broken bones, fractures, and in severe cases death. It’s because of these risks and the potential fatal injuries that can occur that the Court’s impose such stringent requirements on owners and contractors who operate and manage the work sites.

Falling Objects – Just like the section above, although referred to as the “scaffold law,” the Courts have enacted the labor law to protect workers from objects that fall from a height. We’ve all seen it as we walk through the streets of Manhattan or even the outer boroughs where work is ongoing, we have seen that image of the crane moving equipment or material from one are of the job site to the next, we have seen workers pass boards of dry wall from one point to another and often this exchange occurs at a height. We have even seen workers who are using tools and equipment to complete work on the exterior portions of buildings and at times accident’s occur and some of the material, or equipment or tools are dropped and can cause fatal injuries to the unsuspecting work below. As a result, serious and permanently debilitating injuries can occur.

Tripping and/or slipping Hazards – Another common accident on construction site’s is tripping and/or slipping and falling. Construction site’s initially are open spaces when a building is being built from the ground up and even when the structure is in place, worker’s have to use certain passageways and entryways to navigate their way around the job site. Whether it is snow and ice from a recent storm, debris that is simply left strewn around, cables, pipes and material that is carelessly left lying about or boards and planks that are left on the ground with sharp extrusions like nails sticking out of them, workers can easily find themselves slipping and/or tripping and falling over on site because of dangerous and defective conditions. As a result of these falls workers can experience serious, disabling and permanent injuries.

Defective Equipment – All the tools used on a construction site should be regularly maintained and inspected to ensure proper and safe functioning. If tools are defective, it’s the responsibility of the owner and general contractor to ensure that safe, functioning tools and equipment in good repair is used on site. If any construction worker’s are injured as a result of a defective tool, it may be considered to be the owner and general contractors’ fault, and they may be held liable for resulting damages.

Tips to prevent construction site accidents

Read below to find out how you can prevent construction site accidents:

  • Provide proper safety training to all the workers.
  • Conduct frequent crew meetings to make your workers aware of the common hazards at the construction site.
  • Make sure the workplace is clean and well-organized.
  • Workers must use personal protective equipment such as gloves, safety boots, ear defenders, safety goggles, and safety clothes.
  • Prevent falls at the construction site by providing the necessary equipment needed to complete the task at hand and make sure that the equipment provided is the correct size and weight and is suitable for the task.
  • Recognise the workplace hazards and make plans accordingly.
  • Follow OSHA guidelines.
  • Regularly inspect the job site.

If you or your loved one have sustained injuries from a construction site accident, contact DTM at (917) 809-7014.

Top Questions To Ask Your Personal Injury Attorney

Ask Your Personal Injury Attorney

Are you someone who was just involved in an accident for the first time? Are you someone who was in an accident before and the experience in general left a bad taste in your mouth or are you someone who is genuinely nervous and inquisitive about what the personal injury process entails? If so, below is an example of some of the questions you should ask your attorney at your initial consultation (Also remember to read the FAQ and practice sections of the www.injurylawatty.com page):

  • What does this whole litigation process involve?
  • How long do these cases typically last?
  • Who will cover my medical expenses?
  • What about the damage to my vehicle?
  • Can I get workers compensation?
  • I’m in pain, what should I do?
  • Do I speak to anyone from any insurance company if they call?
  • What do I need to do in this process?
  • Is there anything I need to preserve or protect?
  • What information do you need from me?
  • Will there be people following me?
  • How do you keep me up to date on my case?

Do you need a personal injury lawyer? Contact us – (917) 809-7014.

What are the responsibilities of a personal injury attorney?

personal injury attorney Manhattan

Generally, people consult with and retain a personal injury lawyer when they need legal assistance and representation in personal injury cases such as a construction accident, car accident, slip and falls and trip and falls just to name a few. You must hire an experienced lawyer who is well-versed in the area to help you get the compensation you’re entitled to. But what does a personal injury lawyer and law firm do for you?

Read below!

The specific responsibilities and actions to be taken by a personal injury lawyer usually depends on the type of case and the specific facts surrounding the accident but there are general steps that are taken in nearly every case. The following are some of the actions that personal injury lawyers perform:

Collecting and Examining evidence – Whether it’s a car accident, truck wreck, construction accident, sidewalk fall or a products liability case, the initial stages of the case deal with obtaining the necessary evidence as quickly as possible. Whether that involves hiring an investigator to obtain statements from witnesses and/or take pictures of the condition that caused the injury, obtaining police reports, retrieving surveillance footage and collecting medical records, the initial stages of a case are often the most crucial when it comes to litigation and it’s important you find a firm that doesn’t take shortcuts when it comes to this. Remember, there is NO FEE so these costs initially are paid out by the firm at the firms own expense and are only ever paid back to the firm if the case is successful.

Dealing with insurance companies – Another important job of a personal injury attorney is to interact with and negotiate with insurance companies. Generally, from the time that an insurance company get’s notice of any claim, they conduct their own investigation and invariably, they will reach out to Plaintiff’s counsel and discuss the claim/case. Once you have retained an attorney, an insurance company or law firm representing the insurance company is prohibited from contacting you and all communication goes through your personal injury lawyer. It is incumbent on your attorney then to represent your interests when dealing with the insurance company.

Prepare and File pleadings – In order to bring a lawsuit, your lawyer must first prepare and then file a complaint with the applicable court where your case is venued. From the time that an answer is received on behalf of the Defendant, it is then said that “issue has been joined” in the matter and the case is then placed on the Court’s docket/calendar. Throughout the process, there are a number of different pleadings and documents that your attorney must file and serve on the Defendant(s) and even upon the Court. Your attorney will need to contact you and confirm certain information that may be requested in some of the pleadings. All of these pleadings will be created and finalized by your attorney on your behalf.

Represent Client at Deposition – When the time comes in your lawsuit for you to appear for a deposition, your attorney will prepare you for the deposition and then attend and represent you at the deposition. What is a deposition? A deposition is defined as “the process of giving sworn evidence” and generally a deposition occurs before you ever appear for a trial. The purpose of a deposition is to have the Plaintiff and Defendant appear, generally in a more relaxed and less formal setting than a courthouse, usually at a reporting office, and provide sworn evidence under oath about the facts surrounding the specific case that they are involved in. One of the rationale’s behind a deposition is to narrow down the issues of the case prior to a possible trial and in doing so, provide the parties to the lawsuit with a clearer picture of the evidence of the case. Depositions are crucial to each case and your attorney’s job is to adequately prepare you for the deposition and to attend and represent you at the deposition.

Represent a client at trial – If your case doesn’t settle during litigation, either at a mediation or simply as a result of negotiations between your attorney and the Defendant(s) attorney’s, the last option is to try your case before a jury. You want an attorney who is comfortable in that setting and isn’t scared of having to put forward his case in front of a jury. Your attorney should always prepare your case as if it were going to trial because it’s only when a Defendant or Insurance Company knows that you are willing and able to try the case do they attempt to resolve it. So what do you take away from this? Hire an attorney you know is ready, willing and able to try your case before a jury. Remember a jury is a jury of your peers, from all walks of life and generally if not always, a jury is made up of people who are not lawyers so you want an attorney who you know can relate to and convey the message of your case to the jury.

Do you need a personal injury lawyer? Don’t wait! Contact us (917) 809-7014 or info@injurylawatty.com