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.
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
- Semi/tractor-trailer drivers
- Livery/taxi drivers.
Why Choose Kaplan 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 Kaplan 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.
No matter if 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.
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 Association 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 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 that 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
- Rehabilitation and therapy
- Medical equipment and devices.
Regarding wage replacement, you will only receive 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.
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 – Careless drivers engaging in dangerous activities cause many commercial vehicle accidents.
- Vehicle and Parts Manufacturers – Defective vehicles and equipment sometimes make it into the marketplace, putting commercial drivers at risk.
- Shipping and Loading Companies – Shipping company employees often fail to load cargo properly onto delivery trucks, increasing the risk of an accident.
- Vehicle Repair Shops – Failure to properly repair or maintain a commercial vehicle often has disastrous consequences for commercial vehicle operators who trust in the safety of their vehicles.
- Road Construction and Maintenance Companies – Road construction and maintenance companies have an extremely important duty to make sure that the work they perform on roads meets safety standards. If not, catastrophic accidents will occur.
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 forth 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:
- 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 cannot demonstrate any of these or prove your economic losses, you will be limited to the coverage provided by your PIP insurance, which only covers medical expenses related to your injury, a portion of your lost wages, and certain other expenses related to your injuries.
However, 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.
In rare cases, punitive damages may also be available for your third-party claim, but only if your commercial truck accident lawyer in NYC can prove that the person who caused your commercial vehicle accident acted in a way that showed a complete disregard for the safety of others.
How Our Commercial Vehicle Accident Lawyers Can Help
We Work Hard to Maximize Your Compensation
Our commitment to our clients is to recover the maximum compensation for their losses. When we take your case, you can expect your New York commercial vehicle accident lawyer to handle every aspect of your pursuit for compensation, including the following:
- Managing all related paperwork and documents
- Investigating the circumstances of your accident and gathering evidence
- Using the services of accident-reconstruction experts
- Dealing with difficult insurance companies
- Appealing adverse workers’ compensation decisions on your behalf
- Representing you when necessary.
You deserve to have a seasoned New York commercial vehicle accident lawyer on your side when pursuing compensation. With experienced representation, you stand to receive a far larger payout than without.
For a consultation and case review at no cost to you, call Kaplan Lawyers at (516) 399-2364 today to meet with one of our commercial vehicle accident attorneys.
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 10 most dangerous intersections in his list (compiled by Gothamist) were as follows:
- The Tillary Street and Flatbush Avenue intersection in Brooklyn averaged 180 collisions a 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 prominent 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.
Frequently Asked Questions
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.
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.
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.
How long will my commercial vehicle accident case take to settle?
Every commercial vehicle accident case is different, with its own unique set of circumstances. Therefore, it is impossible to give a time frame for settlement until a commercial vehicle accident attorney from our firm has reviewed your case.
Can I sue my employer after a commercial vehicle accident?
In most cases, you cannot sue your employer if they have workers’ compensation insurance, but if they intentionally cause your injury or if they fail to carry workers’ comp insurance, you can bring a lawsuit against them for your losses.
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
A consultation with our firm 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. Call (516) 399-2364 for a free case review today.
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 ]