Content Reviewed By:
John Richmond, Co-Founding Member
- September 6, 2024
Buffalo’s location on the I-190 corridor between I-90 and the Canadian border places our city along a major trucking route. Therefore, Erie County drivers face an increased risk of truck accidents, especially during tough winters. Truck accidents have a high likelihood of severe injury, and you may be entitled to significant damages. Powerful trucking companies and insurance carriers fight injured accident victims, complicating truck accident claims. Our Buffalo truck accident lawyers have the experience, skills, and tenacity to fight large corporations and insurance companies.
- Why Choose Richmond Vona for Your Buffalo Truck Accident Case
- What Compensation is Available After a Truck Accident?
- How Can Our Buffalo Truck Accident Attorneys Help?
- When Should I Meet With An Attorney?
- How No-Fault Insurance Works in New York
- Trucking Company Liability & Responsibility
- Negligence in Buffalo Truck Accidents
- Discuss Your Case With a Buffalo Truck Accident Attorney Today
Why Choose Richmond Vona for Your Buffalo Truck Accident Case
Our top-rated Buffalo personal injury attorneys have over 30 years of combined experience and have recovered over $175 million for injured accident victims. We have received notable awards for our personalized approach and results-oriented representation, including Expertise.com’s Best Wrongful Death Attorneys in Buffalo, Super Lawyers, and Top 100 Trial Lawyers.
We help a select number of clients at a time so we can provide the personalized support you deserve. As our client, you will work with a three to four-person team of lawyers and legal professionals dedicated to getting you the best results possible. We will always answer your calls and update you on the progress of your case.
Our co-founders, John Richmond and Keith Vona, both grew up in Western New York. His local connections with doctors, lawyers, judges, professional witnesses, and others help us find you the best doctors and leverage our local reputation to get the results you deserve. When you are a Richmond Vona client, you are family and will never feel like just another case.
We charge no upfront fees, and you only pay if we win. Call us today at (716) 500-5678 to schedule your free consultation.
What Compensation is Available After a Truck Accident?
You may be eligible for economic and non-economic damages if you are severely injured in a truck accident. Economic damages cover the financial costs associated with your accident, including property damage, medical bills, and lost wages. They include future losses, such as lost earning capacity and lifetime medical care costs related to your injuries.
Non-economic damages compensate for your intangible losses, such as the following:
- Pain and suffering
- Scarring and disfigurement
- Disability
- Loss of enjoyment of life
- Emotional distress
- Loss of society
How Much Compensation Will I Receive?
While every truck accident case is unique, we often see higher settlements and verdicts in truck accident cases due to the severity of the injuries. Semi-trucks weigh as much as 80,000 pounds, while most passenger vehicles weigh approximately 4,000 pounds. A truck can easily penetrate your vehicle and cause catastrophic injuries and lifelong disabilities. For this reason, large trucking companies must carry higher insurance coverage than individuals.
The amount you recover will vary based on how severely you are injured, whether the trucking company is liable, and whether you share any fault for the accident. New York’s pure comparative negligence law allows you to receive compensation if you are partly responsible for the accident, but your compensation will be reduced accordingly.
We will investigate your accident to ensure you are not unfairly blamed. We will work with your doctors so that you receive the appropriate medical tests and documentation to prove your injury claim. We will work with numerous local medical and financial experts to account for your injuries’ entire lifetime costs and recover full compensation for you.
Wrongful Death Damages After a Fatal Truck Accident
When a trucking accident causes death, a designated personal representative can pursue the following compensation on behalf of the surviving family members:
- Your loved one’s medical expenses
- Funeral and burial expenses
- Loss of your loved one’s probable lifetime earnings
- Loss of accumulations in the value of the estate
- Lost business opportunities
- Lost inheritance
- Your loved one’s pain and suffering
Unlike many states, New York’s wrongful death law does not allow survivors to recover compensation for their emotional losses, such as mental suffering or loss of companionship. However, our compassionate Buffalo wrongful death lawyers can help your family account for every penny lost and recover the highest compensation available.
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This law firm goes above and beyond to fight for you. Their entire team treats you with respect and truly cares about your well-being. Look no further if you need a personal injury lawyer.
John Richmond and the team at Richmond Vona did an incredible job with my complicated personal injury case. They made sure no stone was unturned and got me the settlement I deserved for my situation. They treat you well, explain everything you need to know and more so you are always in the loop about the status of your case. John was easy to get in touch with anytime during the process and made signing paperwork easy and understandable. Their entire staff is professional and helpful throughout the process These guys are fair, trustworthy, and will stand up for you!
This firm’s attention to detail is second to none. It’s evident that they are true professionals and really care about their injured clients. This is the firm to call if you have been seriously injured due to someone else’s negligence.
How Can Our Buffalo Truck Accident Attorneys Help?
Fighting powerful trucking companies and their insurers alone is a losing battle, but our resourceful Buffalo truck accident attorneys can level the playing field. We will take the time to get to know you and explain everything about your case. You will receive fully personalized legal guidance while we handle the details, such as:
- Working with accident reconstructionists to determine who is liable
- Gathering forensic evidence at the scene, including black box data
- Interviewing eyewitnesses
- Locating and reviewing video footage
- Helping you find the best doctors and ensuring you get the appropriate tests
- Consulting with medical experts to understand the extent of your injuries
- Calculating your case value
- Timely filing of your Buffalo truck accident lawsuit
- Representing you to the insurance company
- Negotiating a settlement
- Taking your truck accident claim to trial if the insurance company refuses to pay the compensation you deserve
We use advanced technology to track negotiation trends to maximize your results during settlement negotiations. When faced with hard evidence and the skill of our proven trial attorneys, trucking and insurance companies often settle for the amount our clients deserve rather than fight in court.
When Should I Meet With An Attorney?
Generally, the New York personal injury statute of limitations provides up to three years to file your truck accident claim. However, this does not mean you should wait to contact an attorney. Your lawyer will need strong evidence to build an effective case against the trucking company, and the most important evidence is often only available for a short time.
Additionally, the statute of limitations has exceptions that might affect your case’s deadline. For example, if your loved one died in a truck accident, you must file your claim within two years. If the City of Buffalo or another government entity is liable for your accident, you must file a Notice of Claim within 90 days. Our knowledgeable Buffalo truck accident lawyers can determine how the statute of limitations applies to your case and meet the applicable deadlines.
If you wait too long to contact an attorney, you risk losing out on substantial compensation. Contact us today to protect your claim.
How No-Fault Insurance Works in New York
New York is one of a handful of states that uses no-fault rules for motor vehicle accidents, including truck accidents. Before you can file a claim against the truck driver who caused the crash, you must first explore your options under your personal injury protection, or PIP, insurance, which involves using a first-party claim against your insurance provider.
However, if you are seriously injured in a truck accident, you may be entitled to pursue a claim against the truck driver’s insurance policy after exhausting your PIP policy. An injury is “catastrophic” if it threatens your life, causes a permanent disability, or makes it impossible or unlikely for you to hold gainful employment. For example, brain injuries, spine injuries, and amputations are typically considered catastrophic injuries that justify a third-party claim after a wreck. A Buffalo truck accident attorney will help you understand the process better.
Trucking Company Liability & Responsibility
Truck accident claims are known in legal circles for having complex liability issues because multiple parties may contribute to a crash in different ways. Part of our job as your chosen attorneys will be to figure out who is liable and how much compensation they owe you.
Liable parties in a truck accident can include:
- Trucking company: A trucking company can be partially liable for a wreck if it failed to ensure that its drivers are fit for the job. For example, a trucking company should not hire a driver with a history of accidents or vehicle-related crimes. If such a driver is hired and causes a wreck, the trucking company could be liable, too.
- Maintenance workers: A separate company usually completes vehicle maintenance on commercial trucks, not the company that owns the truck or hires the driver. If a crash happens because of a part failure, the maintenance company could be liable.
- Load crew: When a truck picks up or drops off a shipment, the company that receives or sends that shipment is usually the one that loads it onto the trailer. Retail workers, for example, are usually tasked with placing pallets of products on a truck. The company that hired that load crew could be liable for a crash that happened because the trailer was overloaded.
Trucking companies are also responsible for sharing any evidence they have with you and your attorney. Yet dishonest companies sometimes try to withhold important information such as inspection records, hours-of-service logs, and driver histories. Some will even “accidentally” delete relevant data and files. You should hire a truck accident attorney promptly after a wreck so they can demand a copy of all relevant evidence before it can be tampered with or “misplaced.”
Negligence in Buffalo Truck Accidents
Due to the increased risk of catastrophic injuries in truck accidents, truck drivers must undergo safety training and follow federal and state regulations. If you were injured in an accident involving a commercial truck, you may have a case for negligence if you can prove that the truck driver violated the law or otherwise failed to exercise reasonable care to prevent the accident. According to the Federal Motor Carrier Safety Administration, speeding is the most common truck driver error that causes accidents, followed by distracted or inattentive driving.
New York trucking companies are liable for their drivers’ negligence, but the company’s own negligence can also contribute to an accident. Truck drivers work long hours on tight schedules. Sometimes, they speed, take unsafe shortcuts, or exceed federal driving time limits to meet unrealistic deadlines imposed by trucking companies. Other examples of trucking company negligence include hiring unqualified drivers, failing to train drivers, and failing to properly maintain their trucks.
Our experienced Buffalo truck accident attorneys know the trucking regulations, and we have the resources and knowledge to identify negligence by the driver or the trucking company and hold them accountable.
Trucking Regulations & Industry Rules
Another way that trucking accidents become complicated is through industry regulations. The Federal Motor Carrier Safety Administration, or FMCSA, has a long list of rules specific to the trucking industry, trucking companies, and truck drivers.
Important FMCSA regulations include:
- Hours-of-service: The average commercial truck driver can work a 14-hour shift each day with 3 hours devoted to time not spent behind the wheel. Workweeks can last up to 70 hours, too. However, some drivers who do not travel far from their starting and ending points in a shift can work longer hours.
- Weight limits: Commercial trucks cannot weigh over 80,000 pounds when fully loaded with cargo or freight. Weighing stations placed along highways commonly used for shipping routes are utilized to ensure all trucks comply with this strict weight limit.
Speed limits: Typically, commercial trucks or semi-trucks must adhere to lower speed limits than other motorists. For example, some highways have truck-specific lanes and routes with speed limits of 55 mph rather than 65 or 70 mph.
Discuss Your Case With a Buffalo Truck Accident Attorney Today
To learn more about your legal options as a commercial vehicle accident victim, please contact Richmond Vona LLC to speak with a Buffalo truck accident lawyer. We offer free consultations and will explain your options for recovering full and fair compensation. There are no fees unless we recover compensation for you. Our lawyers represent clients in Erie County and throughout Western New York.
