Who Is Really at Fault? Trust a Queens Truck Accident Attorney to Find Out!

When involved in a truck accident in New York City, you may not know where to turn. These giant cargo carriers take up a lot of space on the road, and when they crash, it’s often not the truck driver who gets hurt—but you! When pursuing legal action after a truck accident, determining who is at fault is the key to compensation. Unfortunately, truck accidents are complex legal matters that can involve various parties. In New York State, we operate under a comparative negligence rule, which means that how much you can recover for damages depends on your degree of negligence. To determine the percentage of fault, you’ll need a Queens Truck Accident Attorney like those at Shaevitz & Shaevitz on your side! With over 65 years of experience representing clients like you, you can trust us with your personal injury case.

How Comparative Negligence Works

In New York State, we use a comparative negligence rule that makes determining fault an important factor in most personal injury cases. For truck accidents, this rule is only more complicated, as various parties can be involved. These parties include:

• Truck drivers
• Trucking companies
• Truck manufacturers
• Cargo loaders
• Truck mechanics
• Or other drivers like you

Yes, you can be partially at fault in your truck accident case and still obtain compensation!

While you can always collect your no-fault benefits—no matter who was at fault—your injuries must meet the serious injury threshold to pursue legal action. This means that your injuries must meet the same level of severity for injuries like a permanent loss of a system or body part, significant disfigurement, or death. If your injuries meet this threshold, you can pursue further legal action, requiring us to prove negligence. As your truck accident attorneys in Queens, NY, we can determine your percentage of fault!

Because we are comparing negligence, you are only entitled to collect for the portion of injury that is not your fault. For example, if you are 50% at fault for your accident, you can only collect 50% of what that injury may be worth.

How a Queens Truck Accident Attorney Proves Negligence

To prove negligence, you’ll need a truck accident attorney like those at Shaevitz & Shaevitz to represent you! With our extensive experience and complex legal knowledge, we can guide you through obtaining compensation.

First, we will collect evidence to build your case. Witness statements, medical records, and pictures from the scene are all vital information that help us represent you. Our counsel is often integral to proving negligence, as we have access to information you may need. Medical professionals, police reports, and accident reconstruction specialists are all valuable assets that we have connections to.

From there, we can determine who was at fault by establishing a duty of care, a breach of that duty, and the consequences of that breach. Additionally, we will handle all insurance company interactions to protect you from their minimizing tactics.

However they can, these insurance companies will use strategies to minimize your compensation, providing lowball offers they hope you accept. As your truck accident attorney, we will negotiate with the insurance agency for you. If a settlement can’t be reached, we are ready and willing to represent you in court!

After a Truck Accident, Trust Shaevitz & Shaevitz as Your Attorney in Queens, NY

When you’re in a truck accident in Queens, NY, trust Shaevitz & Shaevitz as your truck accident attorney. With our legal knowledge and expert advice, we can lead you towards fair compensation. If your injuries surpass the serious injury threshold, we’ll represent you in court or settlement negotiations, proving the negligence of the other parties involved.

After a truck accident, you should be able to focus on rest and recovery. Schedule a no-obligation free consultation with Shaevitz & Shaevitz today to learn what your case may be worth!

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