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, you may be qualified for workers’ compensation benefits. Recently, the law regarding on-duty car accidents was expanded to include all independent livery and taxi drivers.
The workers’ compensation attorneys at Kaplan Lawyers PC can help every type of professional driver and fight to help them to get the medical care they need and the financial recovery they deserve.
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 Kaplan Lawyers PC, we’ve helped the following professionals claim their just rewards:
- Drivers of delivery trucks and cars
- Semis / Tractor-trailer drivers
- Livery / Taxi drivers.
How Commercial Vehicle Accidents Happen
Most vehicles that involve a commercial vehicle and another vehicle are the fault of the non-CMV driver. In fact, the American Trucking Associations estimates that up to 80 percent of car-truck accidents are not the fault of the truck driver. This finding is in keeping with similar research conducted by the National Highway Safety Administration and AAA.
Drivers of commercial vehicles constantly have to share the road with distracted, drowsy, reckless and impaired drivers. Passenger vehicle drivers might fail to yield to stop signs, improperly shift lanes, follow a truck too closely or veer into the lane of a truck operator. When another driver makes a mistake, or drives carelessly, the consequences can be severe for a driver.
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 Kaplan 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.
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 that 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.
Dangerous NYC Intersections
A mathematics student at CUNY made headlines when he mapped out some of the most dangerous intersections in New York City, taken from the city’s publicly available data on vehicle collisions. His work gives us major insights that could be particularly helpful to CMV drivers.
The top ten most dangerous intersections in his list (compiled by Gothamist) were:
- The Tillary Street and Flatbush Avenue intersection in Brooklyn averaged 180 collisions per year.
- The 2nd Avenue and East 59th Street intersection in Manhattan averaged 150 collisions a year.
- The 42nd Street and 8th Avenue intersection in Manhattan averaged 140 collisions a year.
- The Linden Boulevard and Pennsylvania Avenue intersection in Queens averaged 135 collisions a year.
- The Atlantic Avenue and Pennsylvania Avenue intersection in Brooklyn averaged 130 collisions a year.
- The Bowery and Kenmare Street intersection in Manhattan averaged 115 collisions a year
- The Queens Boulevard and Long Island Expressway intersection in Queens averaged 110 collisions a year
- The 57th Street and 3rd Avenue intersection in Manhattan averaged 110 collisions a year.
- The 42nd Street and 9th Avenue intersection in Manhattan averaged 110 collisions a year.
- The 34th Street and 7th Avenue intersection in Manhattan averaged 110 collisions a year.
Major Interstates Around New York City
Some of the most obvious locations for commercial vehicle accidents in New York City are our largest and most traveled roads, such as these major interstates in New York City:
- I-78 and auxiliary routes I-278, I-478, I-678 and I-878
- I-87 and auxiliary route I-287
- I-95 and auxiliary routes I-295, I-495, I-695 and I-895.
If You Have Been in an Accident, Call Us
The consultation 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 Kaplan Lawyers PC help you in your time of need.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]