No matter who was at fault, if you were involved in a car or truck accident while on the job, it is considered a workplace injury. Thus, a New York commercial vehicle accident lawyer can help you pursue workers’ compensation benefits. Recently, the law regarding on-duty car accidents was expanded to include all independent livery and taxi drivers.
We Represent All Driving Professionals
New York can be a hazardous place to drive. Our New York commercial vehicle accident attorneys know that regardless of fault, being in an accident can be a debilitating and stressful experience, and you deserve to be compensated for your injuries. At Tucker Lawyers PC, we’ve helped the following professionals claim their just rewards:
- Drivers of delivery trucks and cars
- Semi/tractor-trailer drivers
- Livery/taxi drivers.
Anyone who makes a living driving a vehicle commercially can come to us for representation. Our team has extensive experience recovering substantial compensation for all manner of commercial drivers.
Why Choose Tucker Lawyers
UNPARALLELED EXPERIENCE REPRESENTING ACCIDENT VICTIMS
Our experience fighting for accident victims allows the commercial vehicle accident attorneys in our firm to effectively navigate the compensation process and recover the funds our clients need. When you choose Tucker Lawyers to represent you, you get a law firm with the following qualities:
- Decades of combined experience serving injury victims
- A long history of consistently recovering compensation for clients
- Thousands of satisfied clients
- Award-winning attorneys at the ready, with reputations as staunch client advocates
- Free initial consultations
- Deep roots in the community.
Whether your injuries are major or minor, we work diligently to get you the payout that will truly address your losses.
You do not have to settle for less than you deserve. Let our commercial vehicle accident attorneys fight to get you maximum compensation so you can effectively address the losses you have incurred. Call (516) 399-2364 to speak with a commercial vehicle accident attorney today.
More Work for Less Pay Means More Dangerous Roads
In recent years, commercial vehicle operators have seen a major shift in the way they are treated by employers. For example, truck drivers are often paid per mile as opposed to being paid hourly wages. They are also increasingly being hired as contractors instead of employees, leaving them without key benefits and potentially liable for any accidents that happen while on the job.
These changes in the trucking industry have created challenges for both professional drivers and all other motorists. Drivers find themselves overworked, underpaid, and often fatigued. At Tucker Lawyers PC, we understand the challenges facing drivers, and we represent the interests of anyone who has been injured because of another driver’s negligence.
Tucker Lawyers uses creative and strategic solutions to solve the problems clients face during the compensation process.
If You Were Injured on the Job, You Have Options
Employees injured on the job have the right to workers’ compensation. Workers’ compensation insurance is intended to offer employees compensation for lost wages and medical expenses after a workplace injury, regardless of who was at fault. However, it is not uncommon for employers or insurers to find ways to minimize payments or refuse a worker their benefits altogether. This is where the skill and experience of a workers’ compensation attorney can be invaluable for an injured employee.
Even if your employer considers you to be an independent contractor, you might still be able to prove that you are, in fact, an employee and entitled to workers’ compensation benefits. In cases where a worker can’t prove they are an employee, there are still ways to get compensation for damages. You can file personal injury claims against your employer or another driver to make sure that the negligent party is held accountable for the money you have lost due to your injury.
WORKERS’ COMPENSATION BENEFITS
If you are an employee who was in a commercial vehicle accident while on the job, the two main benefits you are entitled to are reasonable medical coverage for your injuries related to the accident and partial wage replacement for lost income.
Reasonable medical coverage encompasses present and future treatment measures such as:
- Hospital stays
- Doctor’s visits
- Medication
- Rehabilitation and therapy
- Medical equipment and devices.
Regarding wage replacement, you will receive only a portion of our pre-accident income. How much you are paid depends on the level of disability caused by your injury. The basic formula for calculating wage replacement benefits is as follows:
2/3 x (average pre-accident wage) x (% of disability) = weekly payment.
THIRD-PARTY CLAIMS
If you are hurt in a commercial vehicle accident, you have the potential to bring forth a third-party claim for compensation against a party who is not your employer or another employee.
A close look at the causes of commercial vehicle accidents demonstrates that various parties can potentially be held liable in third-party claims after an accident, including the following:
- Negligent drivers
- Vehicle and parts manufacturers
- Shipping and loading companies
- Vehicle repair shops
- Road construction and maintenance companies.
When you bring forward a third-party claim for compensation, you are no longer limited to the partial compensation provided by workers’ compensation. However, your ability to bring a third-party claim may hinge on certain personal injury protection (PIP) insurance rules.
If you have a commercial vehicle accident and seek to sue a third party, you must meet the serious injury threshold requirements, which require that you sustain more than $50,000 in economic damages or suffer a serious injury.
According to New York insurance law, serious injuries include any of the following:
- Disfigurement
- Loss of a fetus
- Loss of a body part, function, or organ
- Fractured or crushed bones
- Any non-permanent injury resulting in incapacitation lasting 90 days or more
If you qualify to file a third-party claim, you will be entitled to full economic damages, which include full compensation for lost wages and various non-economic damages, such as pain and suffering and a loss of enjoyment of life.
Tucker Lawyers has the experience and skill to maximize your compensation payout.
Frequently Asked Questions
Answers You’re Looking For
We are here to answer your commercial vehicle accident questions. Review the following Q&As for answers to some common questions we receive. For more answers and explanations, feel free to contact our office at any time to speak with a New York commercial vehicle accident lawyer.
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What is the statute of limitations for commercial vehicle accident claims?
The statute of limitations for commercial vehicle accident victims seeking workers’ compensation is two years from the date of the accident. However, if you are seeking compensation outside of the workers’ comp system, you have a total of three years to take legal action.
Remember that when a minor is the victim of a commercial trucking accident, the statute of limitations (time limit) may be tolled until their 18th birthday. After reaching the age of majority, these victims have three years to pursue a lawsuit for truck accident damages.
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How much does a commercial truck accident lawyer in NYC charge?
Dealing with workers’ compensation claims, our commercial vehicle accident lawyers charge between 10% and 15% of the compensation they recover for you. If we represent you in other suits, such as a third-party claim, we will typically charge a higher percentage of the amount we recover for you. Generally, this amount could be as low as 33.3% for cases that do not go to trial. For cases that require the filing of a lawsuit and actual trial, the percentage goes up to 40% or more.
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Can I sue my employer after a commercial vehicle accident?
Generally, you are barred from filing a lawsuit against your employer for a truck accident. There are exceptions, however. If your employer fails to carry workers’ comp insurance, you may sue your employer for any negligent acts they engage in that cause you to experience a truck accident. You may also sue your employer for their intentional acts that cause you injury. For example, if an employer strikes you or intentionally creates a situation to cause you harm, you can sue your employer directly for full damages.
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How much compensation can I receive for my trucking accident case?
Trucking accident compensation varies from case to case, with serious accidents typically involving higher forms of compensation. In the end, however, compensation is largely determined by which claims process a victim uses to seek justice. As mentioned, filing solely a workers’ comp claim will result in limited damages for claimants. However, a personal injury claim, when one is permitted, can yield far more compensation than what workers’ comp pays.
Contact us today for more information on commercial truck accidents and getting the compensation you deserve.
If You Have Been in an Accident, Call Us
We’re Ready To Listen
A consultation with our Brooklyn car accident lawyers is free, and if we are unable to recover benefits, there are no fees to be paid. There is a time limit on filing personal injury cases and workers’ compensation claims, so it is important to contact us as soon as possible after your injury.
Let the experienced and compassionate staff at Tucker Lawyers PC help you in your time of need. Call (516) 399-2364 for a free case review today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]