Fatal Truck Accident Lawyer in Queens, NY
Losing a loved one in a fatal semi-truck accident is an unthinkable tragedy. The grief can be overwhelming when that loss occurs because of someone else’s negligence. The Tadchiev Law Firm, P.C. offers compassionate representation and fierce advocacy to Queens families facing these impossibly difficult circumstances as they seek the justice and rightful compensation they deserve.
Wrongful death claims are complex and challenging, and insurance companies will often do everything they can to minimize your compensation or even deny your claim. Our experienced fatal truck accident lawyers will handle your claim and take on the insurance companies while you focus on healing. Contact us today for a free consultation to discuss your case and learn about possible next steps.
How Can The Tadchiev Law Firm, P.C. Help You After a Fatal Truck Accident?
The fatal truck accident attorney you decide to work with when seeking compensation for your loss can weigh heavily on the outcome of your wrongful death case. The Tadchiev Law Firm, P.C. brings the deep knowledge and extensive experience necessary to manage these difficult cases.
You deserve a legal team that will take the time to truly understand your story, your case, and the difficulties you’re currently facing. That’s why we intentionally maintain a smaller caseload to give each client personalized attention and care.
To support your claim, our Queens fatal truck accident lawyers will:
- Offer legal guidance – We can assess your case to determine potential liability and whether you have a valid claim. We will then discuss your legal options and suggest the best course of action.
- Provide compassionate representation – We understand that we’re working with clients through some of the most challenging days of their lives. That’s why you’ll receive compassion, support, and personalized attention from our first conversation to the end of the legal process and beyond.
- Identify at-fault parties – Fatal semi-truck accidents may involve several liable parties, including the driver, their employer, truck and part manufacturers, and maintenance providers. We will conduct a thorough investigation to identify all responsible parties in your case.
- Gather evidence – Strong proof and maximum compensation go hand in hand. We’ll investigate the collision, obtain police reports, interview witnesses, and gather the necessary documents to build the strongest case possible on your behalf.
- Negotiate aggressively – We understand insurance company tactics and know how to fight back against them. We’ll represent you at the negotiation table and resist lowball offers to pursue maximum compensation.
- Represent you in court – If the insurer won’t offer a fair settlement, our experienced fatal truck accident attorneys will take your claim to court and fiercely advocate for your rights.
Our Queens office is located in Floral Park, but we proudly represent clients throughout the borough and the state. And we operate on a contingency fee basis, which means you don’t pay us unless we win your case. Your finances should never be a barrier to securing skilled and committed legal representation.
How to Determine Fault in a Fatal Truck Accident Case
Every fatal accident with a semi-truck is unique. Several different parties may be liable depending on the specific circumstances. Our fatal truck accident lawyers look at the following when determining fault in these cases:
Driver Negligence
The first subject of investigation is the truck driver’s actions before and during the crash. If the evidence suggests the driver was distracted, impaired, fatigued, speeding, breaking traffic laws, or otherwise negligent, they may be liable for your compensation.
The Truck Company’s Role
The truck driver’s employer bears some measure of responsibility for the driver when they’re out on the road. If the employer didn’t properly train their driver, hired someone with a poor driving record, pressured the driver into overworking, or ignored maintenance schedules, they may also be partially at fault for the collision.
Potential Third-Party Liability
Fatal semi-truck accidents can result from the actions of several negligent parties beyond the driver and their employer, including:
- The cargo loader may be responsible if the cargo was improperly loaded.
- The truck’s maintenance provider could bear liability in cases involving mechanical failure.
- Vehicle and parts manufacturers could also be liable if a defect caused the crash.
- The government entity responsible for the road may be at fault for bad road design or maintenance.
Accident Reconstruction and Analysis
Engaging an accident reconstruction expert to review the facts can paint a clearer picture of how the collision happened and who was responsible. These experts examine skid marks, debris patterns, road conditions, photo and video evidence, police reports, witness statements, and weather conditions during the crash to determine precisely what occurred.
Lack of Compliance with Trucking Regulations
State and federal regulatory bodies hold truck drivers and trucking companies to strict standards. For instance, truckers can only drive for a certain number of consecutive hours to avoid fatigue. They must also regularly inspect their trucks and keep them maintained. Our fatal truck accident lawyers are familiar with industry rules and regulations and will look into potential violations when determining liability.
Who Can File a Lawsuit After a Fatal Truck Accident?
Under New York law, only the personal representative, or executor, of the victim’s estate can file a wrongful death lawsuit. If there is no will identifying an executor, the court will appoint one. The personal representative files a wrongful death lawsuit on behalf of any eligible surviving family members, who can then receive compensation if the claim is successful.
It’s important to note that you have limited time to pursue compensation through a wrongful death claim. In most cases, you have just two years after the victim’s death to file a lawsuit. Missing this deadline may mean losing your opportunity to recover any money. It’s essential to reach out to a Queens personal injury lawyer right away to start the claims process.
Compensation Available After a Fatal Truck Accident
Proceeds from a wrongful death lawsuit in Queens will be distributed among the eligible family members based on their relationship to the victim and their financial and emotional losses. Eligible surviving family members might include the following:
- Spouse – In most cases, the victim’s surviving spouse is the primary beneficiary. However, they must share the money with the victim’s surviving children.
- Children – Any children may be entitled to a share of the compensation regardless of age. If the victim did not leave a surviving spouse, the children are entitled to the full amount.
- Parents – When the victim had no children or spouse, their parents may be eligible to receive compensation.
- Siblings – If there are no surviving parents, the victim’s siblings may be the beneficiaries of any compensation recovered.
- Other blood relatives – Certain other family members may be eligible if there are no other surviving relatives.
While no amount of money can ever replace what you and your family have lost with your loved one’s death, recovering your rightful compensation can still provide some financial stability and a sense of justice during incredibly trying times. The forms of compensation available to you may include the following:
Funeral and Burial Costs
Having to pay the funeral and burial expenses of a loved one lost due to someone else’s negligence can feel like a terrible injustice. You may be entitled to compensation for the cost of funeral services, cremation or burial, memorial services, headstones, and other related fees.
Medical Expenses
If your loved one’s injuries resulted in medical bills before they passed, you may seek compensation for those costs. This includes ambulance rides, hospital stays, emergency medical care, medical devices, medications, and surgeries.
Loss of Financial Support and Inheritance
If the surviving family depended on the victim financially, they may be owed compensation for that lost support. This means wages lost between the victim’s injuries and their passing, as well as future earnings, retirement contributions, and pension benefits.
Loss of Household Services
If the victim provided vital household services, such as cooking, cleaning, childcare, elder care, and home maintenance, the family may be entitled to compensation for their losses.
Loss of Parental Guidance and Support
Losing a parent due to someone else’s fault represents not only the traumatic loss of a loved one but the loss of a lifetime of guidance, emotional and moral support, education, nurturing, and care. Surviving children may pursue compensation for these losses.
The Victim’s Conscious Pain and Suffering
If your loved one endured pain, suffering, and emotional distress due to their injuries before their passing, you may be entitled to seek compensation on their behalf.
Causes of Fatal Truck Accidents
Fatal accidents with semi-trucks happen for a variety of reasons. Some of the most common include:
- Driver fatigue
- Distracted driving
- Impaired driving
- Speeding
- Reckless driving
- Poor training
- Negligent hiring
- Mechanical failures
- Improper cargo loading
- Poor road conditions
- Safety regulation violations
In all of these instances, the collision results from some form of negligence. That means you may have cause to file a wrongful death claim.
Contact Our Compassionate Truck Accident Lawyers for Help
If you’ve lost a loved one in a fatal truck accident in Queens caused by someone else’s negligence, you need a legal team that’s dedicated to seeking justice and willing to fight for your right to compensation and accountability. Contact the experienced fatal truck accident attorneys at The Tadchiev Law Firm, P.C. today for your free consultation to get started.