Accidents involving large commercial trucks are generally considered among the most devastating. In 2019, there were 114,000 injury crashes involving large trucks (FMCSA) in the U.S. The magnitude of injury caused should be no surprise when considering the average commercial truck weighs up to 30 times as a typical passenger vehicle.
Commercial truck accidents often cause physical injuries and emotional distress that bring about permanent life-altering consequences. With the assistance and expertise of an experienced truck accident lawyer, it is important to determine the responsible party and the factors that caused the crash to determine the claim’s value.
Welcome to Buffalo – The 2nd Largest City in New York State & Home to Niagara Falls
Buffalo is recognized to be western New York’s largest city and its biggest economic center. It is located between Cleveland, Pittsburgh & Boston. Buffalo is situated on Lake Erie, near the Canadian border, and is strategically located near the Erie Canal and Buffalo harbor.
Buffalo is a central transportation hub with eight N.Y. state highways and an interstate highway, making for a tremendous volume of commercial traffic.
New York Commercial Truck Accident Statistics
The NYS Traffic Safety Statistical Repository (TSSR), a division of the NYS Dept. of Motor Vehicles, offers insightful data through New York’s Accident Information System (AIS) to implement legislation to combat emerging accident trends.
In Erie County in 2020, there were a total of 727 large truck accidents–
- 6 fatalities–5 non-large truck drivers and one passenger
- 583 property damage events, and
- 148 personal injury cases, of which 40 people were seriously or moderately injured.
These accidents included a variety of contributing factors that can be categorized as follows –
- Human Factors
- Inattention/Distraction–accounted for about 20% of all large truck accidents
- Following to closing–accounted for about 13% of all large truck accidents
- Backing Unsafely
- Changing lines
- Aggressive Driving
- Impairment or alcohol/drugs
- Fatigue and/or Sleepiness
- Inexperience, among others
- Vehicle Factors
- Defective Brakes
- Oversized Vehicle
- Speeding
- Tire Failure, among others.
- Environmental Factors
- Glare
- Hazardous Driving Conditions
- Obstructions
- Weather
- Animals Activity
The current trend in New York State for large commercial truck accidents appears to offer positive news, with total fatalities and large truck fatalities falling to their nearest low levels since 2015.
Types of Compensation for Victims of Commercial Truck Accidents
After a commercial truck accident, passengers & drivers involved face many financial, physical & emotional challenges, very often for the rest of their life. Accumulating medical bills, lost wages, and the mental energy required to recover from an injury caused by a commercial truck in Buffalo, NY, can create overwhelming psychological distress for victims, family members, and even caregivers.
To begin a victim’s pursuit of justice, one must first understand the facts of the case. An experienced truck accident lawyer can help evaluate the case and help determine the full compensation you deserve as a victim.
Commercial truck accident victims are entitled to compensation for costs related to the incident. These are discussed below –
Economic Compensation
These damages are awarded to compensate for financial losses created due to the accident.
- Medical expenses include current care and anticipated costs for future treatment & therapy.
- Loss of Wages –if unable to work, this type of compensation pays for lost wages.
- Loss of Capacity to Earn – if an accident victim is permanently injured or cannot work in their previous occupation, this compensation pays for the income you would have reasonably expected during your career.
- Out-of-Pocket Costs –these may vary, but often include –
- Devices of Assistance, like a wheelchair or cane, for example.
- Home caregivers.
- Travel to/from doctor’s appointments.
Non-Economic Compensation
As its name suggests, non-economic damages cover the impact of a victim’s injuries on the rest of their life, although they are more complicated to calculate than economic damages. Non-economic damages generally include –
- Pain & Suffering
- Disfigurement, Amputation, & Scarring
- Emotional Distress
- Reduced Quality of Life Equating to a Loss of Enjoyment
- The impairment and inconveniences caused by the victim’s permanent disability like paralysis or brain damage
A Word About Punitive Damages
Punitive damages are awarded specific intent to punish the guilty party who chooses to engage in reckless or malicious behavior. They are not awarded to compensate the innocent victim for a loss but to make an example of others who choose the same egregious misconduct.
Punitive damages are awarded in addition to compensatory damages that are owed.
What to Do if Involved in a Commercial Truck Accident in Buffalo, NY
There are no simple methods to determine the value of a case involving a commercial truck accident. It is critical to discuss the matter and your injuries with an experienced truck accident lawyer, often as soon as possible.
