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Truck Accident Attorney in Schenectady, NY

Getting in an accident with an 18-wheeler can have catastrophic consequences. These collisions often result in serious injuries, so filing a truck accident lawsuit may be necessary to put your life back together. By doing so, you can recover compensation beyond just medical bills and lost wages. However, due to New York’s complex insurance laws, it’s important to work with an experienced lawyer to make sure your injuries meet the proper criteria for a lawsuit.

At Dalmata, Maloy, & Burke, LLP, we have a solid track record of success for accident victims in New York’s Capital Region. Because we believe in close client relationships and personal representation, we’ll always treat you as an individual, not just another case number. Our lawyers are available 24/7, offering quick responses to calls, messages, and emails.

Contact a Schenectady truck accident lawyer from Dalmata, Maloy, & Burke, LLP, for a free, no-obligation consultation. We’ll take a look at how the accident occurred and help you identify the parties that could be liable for your truck accident injury. You pay nothing for us to get started, and there are no fees unless we successfully resolve your case.

How a Schenectady, NY, Attorney Can Help with Your Trucking Accident Claim

A truck accident lawyer in Schenectady can help with your case in several key ways. The first step is to investigate the accident to identify the at-fault parties and gather evidence that connects their actions to your injuries. There are often several at-fault parties in truck accident cases, and identifying them all is necessary for maximizing your compensation.

Your lawyer will also file your no-fault auto insurance claim. New York is a no-fault state, which means all drivers must have personal injury protection (PIP) insurance. They use this insurance first, regardless of who is at fault for the accident.

However, PIP insurance doesn’t always cover all your losses, particularly in truck accident cases. This is why it’s often necessary to file personal injury lawsuits against the at-fault parties in addition to filing a PIP claim.

During your insurance claim and personal injury lawsuit, your lawyer will negotiate for a fair settlement and take your case to trial if an appropriate settlement can’t be reached. When you reach out to DMB Legal, we can review your case to determine the best course of action. Our law firm offers free, confidential case reviews, so contact us today to schedule yours.

What to Do After a Truck Accident

After a truck accident in Schenectady, NY, take the following steps to strengthen your case and maximize your truck accident compensation:

Obtain and Continue Medical Treatment – Seek treatment right after the accident, even if you don’t feel injured. Afterward, follow your doctor’s instructions and attend subsequent appointments. By following up on your medical treatment, you will recover from your injuries more quickly and demonstrate to the insurance company that you have taken your injuries seriously, which should lead to coverage of your treatment.
Keep Medical and Service Bills – Make sure to keep track of any bills related to the semi-truck accident so your lawyer can use them when calculating your case’s value.
Avoid Speaking to Insurance Adjusters – Never speak to an insurance adjuster without your attorney present. The insurance adjuster’s job is to trick you into saying something that could harm your case.
Write Down Everything – Keep a journal in which you write down everything you remember about the accident and how your injuries affect your daily life, including your pain levels.
Contact a Truck Accident Attorney – Always seek the help of an experienced big rig accident Truck accident cases are complex, and without the right legal representation, you could end up with far less compensation than you deserve.

How We Investigate Trucking Accident Cases

At DMB Legal, we investigate truck accident cases by gathering a wide range of evidence. This includes accident scene photographs, footage from nearby traffic cameras and dashcams, and eyewitness statements. In many cases, we also rely on the testimony of subject matter experts, including medical professionals and crash reconstruction specialists.

Investigating a truck accident takes time, so it’s crucial that you contact DMB Legal as soon as possible. The more time we have to investigate the accident, the stronger your case can be.

Why Are Truck Accidents More Complicated Than Other Motor Vehicle Crashes?

Truck accidents are more complicated than other motor vehicle crashes for three main reasons:

They typically cause more severe injuries.
There tend to be multiple injured and at-fault parties.
They may involve both state and federal trucking regulations.

New York has trucking regulations outlining the maximum dimensions and weights commercial vehicles can have. Meanwhile, the Federal Motor Carrier Safety Administration (FMCSA) has regulations for the hours a trucker is legally allowed to be behind the wheel of their vehicle and the securement practices cargo loaders must adhere to.

Compensation You Could Recover in a Truck Accident Claim

The compensation you could recover in a truck accident case depends on the severity of your injuries. If your injuries are not serious, you may only be able to recover compensation for medical expenses, lost wages, and other reasonable expenses through your PIP insurance claim.

However, if your injuries meet New York’s definition of a “serious injury,” you can also seek compensation for pain and suffering, emotional distress, loss of enjoyment of life, permanent disability, and other intangible losses through a lawsuit against the at-fault party.

The best way to maximize your compensation is to hire a determined and dedicated truck accident lawyer to handle your case from start to finish. Reach out to DMB Legal today for a free, confidential case evaluation and discover what compensation you may be able to pursue based on your situation.

Who Could Be Held Liable for a Truck Wreck?

Depending on how the truck accident that injured you occurred, different parties may be liable for your injuries. Common parties found liable in these cases include the following:

Truck drivers who cause accidents by speeding, driving while distracted, or ignoring the FMCSA’s hours of service regulations
Trucking companies that encourage their drivers to speed or skip breaks to make deliveries faster
Cargo loaders who fail to follow proper cargo securement procedures, causing the cargo to shift or fall during transit
Truck manufacturers who use defective products, such as faulty brakes that fail when going downhill
Truck maintenance providers who fail to provide adequate maintenance, leading to worn parts failing during transit
Government entities that are responsible for maintaining public roads and keeping them free from known hazards
Other motorists who contribute to the accident by cutting the truck off or colliding with it, causing a chain reaction wreck

Could You Recover Compensation if You’re Partly at Fault for a Trucking Accident?

New York is a pure comparative negligence state. Under this law, as long as you are not 100 percent at fault for the accident that injured you, you can seek compensation. However, the compensation you could receive through a truck accident lawsuit will be reduced according to the degree of fault the judge or jury assigns you.

For example, if you were found to be 10 percent at fault because you were speeding when a truck failed to yield the right-of-way and turned in front of you, the driver may only be liable for 90 percent of your awarded compensation.

How Long Do You Have to File a Trucking Accident Lawsuit in New York?

Under New York’s statute of limitations for personal injury cases, truck accident victims have three years from the date of the accident to file lawsuits against the parties responsible for their injuries. However, if your loved one died in a fatal truck accident, the personal representative of their estate only has two years to file a wrongful death lawsuit.

New York’s courts take these deadlines very seriously and will prevent you from recovering compensation through a lawsuit if you miss them. For this reason, it’s important to work with a knowledgeable and experienced Schenectady truck accident attorney who can handle your case and make sure your cases are filed within the deadlines.

When you get in touch with DMB Legal today for a free, no-obligation case review, we can assess your situation to determine how long you have to file a claim. If we can take your case, our lawyers can ensure that your lawsuit is filed on time.

Common Types and Causes of Commercial Truck Accidents

Truck accidents come in many varieties, including rear-end, head-on, and underride collisions. There are also rollover accidents, where the truck ends up on its side, and jackknife accidents, where the truck’s trailer swings out alongside the cab.

One thing these types of accidents have in common is that they are usually the result of human error. That could be the truck driver’s error, a cargo loader’s error, or another party’s error, like a driver who merges into the truck’s lane.

Regardless of the type of accident, we at DMB Legal can investigate it to determine the cause, allowing us to hold the proper parties financially liable.

Typical Injuries Resulting from a Truck Collision

Collisions involving large vehicles, such as trucks, often result in severe injuries. Some of the most common of these severe injuries include the following:

Traumatic brain injuries (TBIs) caused by head trauma and resulting in cognitive and physical impairment
Spinal cord injuries, potentially leading to paralysis
Crushed or trapped limbs that may require amputation
Broken bones, such as the femur, which is the strongest bone in the body, but is prone to fractures in high-impact collisions
Soft tissue injuries like whiplash, sprains, strains, and tears
Internal organ damage caused by the blunt force of the impact
Burn injuries, which may result from a collision with a tanker truck

What our clients have to say

“Recently I had the opportunity to hire Dalmata, Maloy & Burke, LLP for a personal injury lawsuit. A personal injury lawsuit can be very stressful and thanks to Dalmata, Maloy & Burke, LLP I made it through keeping my sanity and dignity. My final settlement was very rewarding thanks again to my lawyer who diligently worked for me and took a sincere interest in my case. At this time, I would like to personally thank my attorney John Massaroni for his perseverance and professionalism.”

Sandra L.

”I, Jay Brundage the owner of a real estate development company have used this law firm for over the past 12 years and from the paralegal Rebekah to the partners themselves have had only good relationship with them through a myriad of different transactions. They get results and give the same attention to detail whether the case is big or small. You can’t go wrong with them as they are first class all the way.”

Jay B.

“I can’t say enough good things about Cory Dalmata. He’s helped me on countless situations pertaining to my son and custody & a couple of other matters as well. Everything he has advised me on he was always 100% spot on. Cory is a straight shooter and will tell you exactly how it is. He’s very fast to respond to phone calls & emails. He’s always been quick to get things done and will fight tooth and nail for his clients. One of the many things that I respect about Cory is he will always talk of the importance of co-parenting and when possible court should be a last resort. Great attorney great human being! Will use Cory and his firm for any legal matters that I may have in the future. Thank you again Cory for everything.”

Alex M.

“Big shout out to our lawyer at the firm, Dan Maloy. He has been my family’s attorney for a car accident (settlement obtained), handled both my selling and closing of our home (best and smoothest closings I have ever had), handled and won a settlement on a civil case against a school district and also is handling another case for us. He is the best! His communication, he professionalism is top notch. He and the DeLorenzo Law firm brought back my faith in lawyers. A HUGE KUDOS to Dan and the entire law firm. Definitely a diamond in a pile of coal. I will NEVER go to another law or lawyer. They are the best!”

Madison B.

“Mr. Cory Dalmata helped me with a very personal issue. He was quick to take my case and start helping me right away. He is great with paying attention to every detail and deadline. He is very responsive when you call or leave him an email. He’s always been patient with me, listened to my questions and concerns, taking the time to explain step by step what was going on throughout my case. Never once did I feel I was “left in the dark.” Also, he is very friendly and his fees are very reasonable! I would highly recommend Mr. Dalmata to anyone who needs a great lawyer who cares and will fight for you every step of the way! Not enough thanks can be given for how much he has helped me! Thank you very much Cory for everything!”

Paul G.

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Contact a Truck Accident Lawyer in Schenectady, NY, Today

If you were injured in a collision with a commercial truck in New York, contact DMB Legal for a free consultation. With over 30 years of experience, our attorneys have established a reputation for exceptional client representation, effective and responsive communication, and respect and credibility among peers, colleagues, and judges throughout the region and New York State. Our clients trust us and know we treat them well, which is why they choose our legal team for their repeat business.

We’re prepared to do whatever it takes to maximize your compensation. Reach out to our truck accident law firm today to speak with one of our reputable lawyers. Your consultation is free and confidential, and you pay nothing unless we recover compensation on your truck accident claim.