BUFFALO TRUCK ACCIDENT LAWYERS

Every truck accident case is different, but most personal injury claims are evaluated using a few key factors. To determine whether you may have a valid claim, we typically look at the following:

You suffered damages.

Personal injury claims seek compensation for damages such as medical expenses, lost income, and pain and suffering. To move forward with a claim, the injuries must involve meaningful losses. What qualifies can vary under New York law.

Another party was at fault.

To recover compensation from an insurance company, another party, such as a truck driver, trucking company, or third party, must have acted negligently in a way that caused or contributed to your injuries.

Insurance coverage is available.

Truck accident claims are usually pursued through insurance rather than directly against an individual. The responsible party must have sufficient insurance coverage to address medical costs and fully compensate you for your losses.

If you’re unsure whether you have a truck accident claim in Buffalo, reaching out to learn more about your options can be a helpful next step. Our team is here to help.

If you’ve been involved in a crash with a semi-truck, your priority should be safety and getting medical care.

If you’re able to do so safely, move your vehicle out of traffic to prevent further danger. Call 911 to report the accident and request medical assistance for anyone who may be injured. Even if you feel okay, it’s important to be evaluated by a medical professional, as some injuries aren’t immediately obvious. Medical care also creates documentation that can be critical for an insurance claim or legal case.

If possible, gather information from the truck driver, including their name, contact details, insurance information, the trucking company’s name, and the vehicle’s license plate number.

While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. A better solution is to take a photo of the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.

Take photos of the accident scene, vehicle damage, road conditions, and visible injuries. This evidence can be helpful for your case. You can also get contact information from witnesses who saw the accident.

Avoid making statements that could be interpreted as admitting fault, such as “I’m sorry” or “I didn’t see you,” as they could be used against you later.

As the final step, contact Morgan & Morgan. Our Buffalo team can provide you with a free case evaluation so you can learn more about your legal options and take your first steps toward moving forward with your life.

There are legal time limits for filing a truck accident lawsuit, known as the statute of limitations. The deadline varies by state, but in most cases, personal injury victims have a limited number of years from the date of the accident to file a claim.

Missing this deadline can prevent you from recovering compensation altogether. Because trucking cases often involve extensive investigation and multiple liable parties, it’s important to speak with a Buffalo-based attorney as soon as possible to protect your rights and ensure all deadlines are met.

The time it takes to resolve a truck accident claim can vary widely depending on factors such as the severity of the injuries, the complexity of the case, the number of parties involved, and whether the insurance companies are willing to negotiate a fair settlement.

Some truck accident claims may be resolved within several months, while others can take a year or longer, especially if litigation becomes necessary. Because truck accident cases often involve federal regulations, multiple insurers, and extensive evidence, they typically take longer than standard car accident claims.

Working with a Buffalo-based attorney early in the process can help move your case forward efficiently while still pursuing the full compensation you deserve.

At Morgan & Morgan, our Buffalo-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™; you only pay if we win.

Morgan & Morgan works on a contingency fee basis, which means there are no upfront costs to hire us. That’s our Fee Is Free™ promise; you only pay legal fees if compensation is recovered through a settlement or verdict.

If your case is successful, your attorney’s fee is a percentage of the compensation obtained. If there is no recovery, you owe nothing for legal services.

How the Contingency Fee Works

• No win, no fee: Attorney fees are only paid if compensation is recovered.
• Free case evaluations: You can contact Morgan & Morgan in Buffalo at any time for a free, no-obligation case evaluation.
• Free initial consultation: Our truck accident lawyers will review your case, explain the legal process, and discuss the fee structure before you decide how to proceed.

What Can Affect the Final Fee?

Several factors may influence the contingency fee percentage, including:

• Case complexity: Truck accident cases often involve multiple liable parties, such as the driver, trucking company, or other third parties.
• Settlement vs. trial: Cases that proceed to trial typically require more time, preparation, and resources.
• Scope of work required: Extensive investigations, expert analysis, and litigation efforts can affect the overall fee.

Why a Contingency Fee Helps Injured Victims

• No financial risk: You can pursue compensation without worrying about upfront legal costs.
• Aligned interests: Because the attorney’s fee depends on the outcome, your legal team is motivated to pursue the strongest possible result.

Victims of a Buffalo truck accident may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
• Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
• Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Compensation to cover the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
• Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
• Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish wrongdoers.

After hiring a truck accident lawyer, they can assess the damages relevant to your case and determine a fair compensation amount. Morgan & Morgan in Buffalo provides free consultations for truck accident cases, helping you explore legal options after an injury.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our Buffalo truck crash lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, Buffalo, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.

After your initial consultation, your care team will schedule regular check-ins to discuss your case, share updates, and help you prepare for any upcoming steps. We prioritize clear communication and keeping you informed throughout the process.

Meetings can take place in person, virtually, or by phone, depending on your needs and the specific requirements of your case.

The average settlement for a truck accident claim can vary widely depending on several factors, including the severity of injuries, the extent of property damage, and the circumstances surrounding the accident.

The most significant factor in determining a settlement amount is the severity of your injuries. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements. In contrast, severe injuries like spinal cord damage, traumatic brain injuries, or multiple fractures can lead to much more substantial settlements.

Your medical bills play a crucial role in calculating your settlement. This includes costs for emergency room visits, surgeries, hospital stays, physical therapy, and any ongoing or future medical care. The higher your medical expenses, the larger your settlement will likely be.

Fault in a Buffalo truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:

• Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
• Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
• Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
• Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
• Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
• Black Box Data: Most trucks have data recorders that capture speed, braking, and other key details leading to the crash.

Fault determination can be complex, often involving multiple parties, including the driver, trucking company, and manufacturers. A commercial truck accident attorney can help you gather this evidence and create an argument in your favor.

The legal process of a Buffalo truck accident claim can be complex, involving multiple parties and an extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.

During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The Buffalo lawyer will assess whether you have a viable case and discuss the potential for compensation.

Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:

• Police reports and accident scene photos
• Driver’s logbooks (hours of service records)
• Vehicle maintenance records
• Truck’s black box data (to see speed, braking patterns, etc.)
• Surveillance footage, if available
• Witness statements
• Medical records documenting your injuries

Depending on the case's complexity, your lawyer may consult accident reconstruction experts, medical experts, or trucking industry experts to establish liability.

Your Buffalo lawyer will also work to identify all liable parties. Truck accidents can involve multiple potentially liable parties, such as the truck driver, the trucking company, the truck manufacturer, and cargo loaders. Your attorney will work to establish who is responsible for the accident and file claims accordingly.

Once your attorney has gathered enough evidence, they will draft and send a demand letter to the insurance companies or at-fault parties, outlining the facts of the case, your injuries, and the compensation you seek.

Your Buffalo attorney will file a formal lawsuit if a fair settlement can’t be reached during negotiations. This initiates the litigation phase and sets a timeline for the legal process.

Throughout the process, your attorney will negotiate with the insurance companies representing the driver, trucking company, or other responsible parties. Insurers may try to offer a lower settlement, but your attorney will fight for fair compensation for your medical bills, lost wages, pain and suffering, and other damages.

The vast majority of truck accident claims are settled out of court. If the insurance company offers a reasonable settlement, your lawyer will discuss it with you and advise whether to accept or continue negotiating.

If the case goes to court, both sides enter the discovery phase, exchanging evidence, documents, and witness information. This phase often includes:

• Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
• Interrogatories (written questions exchanged between parties)
• Expert testimonies

During this stage, attorneys may file motions to dismiss certain claims or seek to exclude specific evidence.

If a settlement cannot be reached, the case may proceed to trial. At trial, your Buffalo attorney will present evidence, question witnesses, and make legal arguments to establish liability and damages. The defense, representing the trucking company or driver, will also present its case. Once both sides have been heard, the judge or jury will determine responsibility and decide how much compensation, if any, should be awarded.

A settlement is often reached before the case goes to trial. Your attorney will review any settlement offers with you to ensure they cover your current and future needs.

If your case goes to trial, the jury or judge will issue a verdict on who is liable and the amount of damages. The liable parties must pay the awarded compensation if you win the case.

The legal process of a truck accident claim involves consultation with an attorney, evidence gathering, negotiations, and possibly going to court. Each step is designed to ensure that you receive fair compensation for your injuries and damages. An experienced Buffalo attorney will guide you through this process and advocate on your behalf.

Truck accidents are more complex because they often involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and cargo loaders. Additionally, trucking companies are governed by federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which adds another layer of legal considerations. 

The severity of injuries and the higher stakes involved in compensation claims also contribute to the complexity. Big trucks can cause much more damage than the common small vehicle fender-bender.

A truck accident lawyer at Morgan & Morgan, Buffalo, can guide you through the complex legal process so that all you need to worry about is recovering and moving forward with your life.

Truck accidents in Buffalo often result from a combination of driver behavior, vehicle issues, and safety violations. Some of the most common causes include:

• Driver fatigue: Truck drivers may face pressure to meet tight delivery deadlines, which can lead to exhaustion and slower reaction times.
• Distracted driving: Activities such as texting, eating, or using in-cab technology can divert a driver’s attention from the road.
• Speeding: Because trucks require longer distances to stop, excessive speed increases the likelihood and severity of crashes.
• Improper loading: Overloaded or poorly secured cargo can cause a truck to lose balance or tip over.
• Mechanical failures: Inadequate maintenance can result in brake failures, tire blowouts, or other mechanical issues that contribute to accidents.
• Driving under the influence: Alcohol or drug use impairs judgment and reaction time, making it dangerous to operate a commercial vehicle.

Yes, you can often sue the trucking company if the driver was at fault for the accident. This is possible due to a legal principle called vicarious liability, which holds employers responsible for their employees' actions while performing job-related duties. In the case of a truck accident, the trucking company may be held liable for the driver’s negligence or recklessness. 

Vicarious Liability (Respondeat Superior)

Respondeat Superior is a legal doctrine that holds employers liable for their employees' negligent actions as long as the employee acted within the scope of their employment when the accident occurred.

In a Buffalo truck accident, if the driver was performing their job duties (e.g., delivering goods, following a company route), the trucking company can be held liable for the driver’s actions, even if the company itself wasn’t directly at fault.

Negligence of the Trucking Company

In some truck accident cases, the trucking company itself may share responsibility for the crash. When a company’s actions, or lack of oversight, contribute to unsafe conditions, it can strengthen the claim against them. Common examples include:

• Negligent hiring: A trucking company may be liable if it hires an unqualified or unsafe driver, such as someone with a poor driving history or insufficient credentials.
• Inadequate training: Companies can be held responsible when they fail to train drivers to operate commercial vehicles safely and properly.
• Improper vehicle maintenance: Trucking companies are responsible for maintaining their fleets. If poor maintenance leads to mechanical failures that contribute to a crash, the company may be held accountable.
• Hours-of-service violations: Federal regulations limit how long truck drivers can operate without rest. If a company pressures or allows drivers to violate these rules, it may be liable for resulting accidents.

Independent Contractors vs. Employees

Sometimes, trucking companies argue that the driver is an independent contractor, not an employee, to avoid liability. However, Buffalo courts may still hold the company responsible, depending on their control over the driver’s actions, such as setting routes and dictating work schedules.

Determining whether the driver was an independent contractor or an employee may involve investigating the terms of the driver’s employment and the company’s role in overseeing their work.

Other Liable Parties

In addition to the trucking company and driver, other parties may be liable for the accident, such as:

• Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.
• Cargo Loaders: If improperly loaded cargo caused the accident, the company responsible for loading the truck could also be liable.