• Drivers of vehicles, including motorcycles, involved in accidents where another driver was at fault.
• Passengers in vehicle accidents whose driver or the driver of another vehicle was to blame.
• Pedestrians hit by vehicles.
• Cyclists hit by motorists.

When it comes to personal injury claims, automobile accident cases are the most common. According to the National Highway Traffic Safety Administration (NHTSA), every 10 seconds someone in the United States is involved in a car accident. If you or a family member have been injured in an auto accident, your physical trauma may be compounded by the uncertainties of your financial future.

Though less numerous, truck accidents are far more dangerous. Every year nearly 500,000 large trucks (tractor-trailers or "semis") are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involve semi trailer trucks and result in fatalities. In fact, one of every eight traffic fatalities is caused by a collision with a large truck. Most deaths that occur in these accidents are of the passengers of the automobiles. Drivers of trucks typically remain uninjured.

NHTSA sponsored a study that concluded approximately twice as many car drivers would die in collisions with light trucks than in similar collisions between vehicles of the same weight. For the same reasons, occupants of passenger cars and light trucks have much higher fatality rates than occupants of large trucks and buses.

Examples of truck negligence generally fall into two categories: driver error and vehicle maintenance failure. The most common cause of driver error is fatigue, which can cause clouded judgment, drowsiness, and falling asleep at the wheel. Driver error can also be due to inexperience, improper driver training and driving under the influence of alcohol or drugs (whether prescription or illegal). Deregulation of the trucking industry has resulted in an increase in speed-limit violations among tractor-trailer drivers.

Truck accident lawsuits tend to be far more complex than other vehicle accidents for several reasons:

• Trucking companies and insurance adjusters realize the potential for major lawsuits when a truck accident is involved, so immediately following an accident, they quickly gather evidence and experts so that they can immediately begin to prepare their case.
• Even determining the proper defendant can be extremely difficult and complex:
  • Driver Fatigue would likely be the driver's fault.
  • Overloaded Freight would likely cause the company the driver works for to be involved in the lawsuit.
  • Excessive Speed could cause the driver and the company to be listed as co-defendants if strict and unreasonable deadlines were set on the driver.
  • Equipment Malfunction could cause the manufacturers to be defendants.
  • Defective Tires could also cause a tire manufacturer or distributor to be named as a defendant.
  • Failure to Follow State and Federal Regulations would normally name the company and driver to be co-defendants.
  • Mechanical Failure could be the fault of a service station or whoever did the most recent vehicle inspection.

The Law Offices of Scott C. Gottlieb & Associates, LLP advises clients to act as follows when involved in a car or truck accident:

1. Notify police, and if necessary, an ambulance immediately.
2. Do not make statements to anyone, except a police officer.
3. Do not admit liability.
4. Obtain all insurance and contact information of all those involved in the accident.
5. If you have a camera, take pictures of the cars and the individuals involved.

Within 24 hours of an accident:

1. Seek medical attention.
2. Notify your insurance company of your accident and make any claims.
3. Do not give a recorded statement to ANY insurance company, including your own, before contacting an attorney.

No Fault Insurance

Any person injured through the use or operation of a motor vehicle is entitled to be paid no fault benefits. These benefits are available to drivers, passengers, pedestrians or anyone else who is using or operating the vehicle. However, the driver or passenger of a motorcycle is NOT entitled to no fault benefits, but may be entitled to compensation if someone else was at fault in causing the accident.

No fault benefits may also be available to be paid even if the vehicle was involved in an accident outside the State of New York. There are strict time limits that apply to the application for no fault benefits as well as the submission of claims for same.

No fault benefits including payment for the following accident-related expenses:

• Lost Wages
• Medical Expenses
• Prescriptions
• Mileage reimbursement for transportation to and from all medical providers
• Reimbursement for private health insurance premiums that are paid by the injured person
• Death benefits in the event of a fatality

Contact us today. We will answer your questions and discuss your case.

Experience Counts. Our overall goal is to establish our office as the best office to hire if you want compensation for your case. We base this on our experience and past results.

We can also help you with other legal problems that arise while your case is pending.

Our philosophy is to provide quality legal services while treating each client with care and respect. If you feel that you or a loved one has suffered because of a motor vehicle accident, call us at 1-800-TALK-LAW (1-800-825-5529) or contact us via our online contact form. All calls and inquiries are responded to the same day, usually within one hour. There is no case-review cost.


<< Back to Our Practice Areas

Car Accidents
Motor Vehicle Accidents / No Fault Insurance Frequently Asked Questions (FAQs)
Free Motor Vehicle Accidents / No Fault Insurance Case Evaluation
Personal Injury Glossary
Tort Legal Glossary