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Buffalo Truck Accident Lawyer
Experienced Representation for Severe Crashes Involving Large Trucks and Commercial Vehicles
Large truck crashes often lead to severe harm, especially for those in smaller passenger vehicles. On top of that, these collisions tend to involve complex considerations regarding corporations, multiple possible liable parties, highly specific evidence, and trucking regulations. With more than 84 years of combined experience, O’Brien & Ford is here to help those who’ve suffered injuries in truck accidents in Buffalo and Western New York. Contact us today for a free consultation.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Why Choose O’Brien & Ford for Your Buffalo Truck Accident Case?
- Why Are Truck Accident Cases Different From Car Accident Cases?
- Who Can Be Liable for a Truck Accident?
- What Evidence Is Important in a Truck Accident Claim?
- What New York Laws Apply to Buffalo Truck Accidents?
- What Compensation Can You Recover After a Buffalo Truck Accident?
- What Should You Do After a Truck Accident in Buffalo?
- What Causes Truck Accidents in Buffalo?
- Do You Have a Buffalo Truck Accident Lawyer Near Me?
- FAQs About Buffalo Truck Accidents
- Speak With a Buffalo Truck Accident Lawyer Today
Why Choose O’Brien & Ford for Your Buffalo Truck Accident Case?
With over eight decades of combined legal experience, the attorneys at O’Brien & Ford are prepared to take on high-stakes personal injury cases throughout Western New York, including truck accident claims. Our firm has been representing those injured in and around Buffalo since 2012, and we have a history of securing significant verdicts and settlements for our clients. While we always approach every case with a willingness to negotiate, we prepare as if we’re going to go to trial. A willingness to litigate is often the best way to get real results because your opponents know they can’t pressure you to back down.
That trial focus starts at the top. Founding partner Chris O’Brien is a Diplomate of the National College of Advocacy, the continuing education arm of the American Association for Justice, a distinction that requires more than 400 hours of trial advocacy training. He has also taught trial skills to other lawyers across the United States and Canada.
We’re tough in a courtroom, but with our clients, we offer compassionate and personalized representation. Clients work directly with the attorneys handling their case. We listen and communicate with you throughout the process so you never have to guess what’s happening. If you were injured in a truck accident, don’t hesitate to reach out. We offer free consultations to prospective clients, and if you call, you’ll be on the phone with a lawyer within two minutes.
Testimonials
What Our Clients Say About Us
“I was looking for the best car crash lawyer in Buffalo and was referred to Chris O’Brien by numerous colleagues. Was very impressed with the outcome and professionalism. After a life altering injury you really need to lock down an attorney ASAP. The O’Brien & Ford team really pulled through for me and my family!”
“I was hurt in a car crash. I was referred to O'Brien & Ford by another lawyer who said their office does things right. My experience was not long and drawn out. I was satisfied with the results and the actions taken. Mr. O'Brien worked hard to get things done. Patrice and Mary are the nicest people you could ever meet. Always greeting you with a smile, so polite and willing to help. I never felt like I was a hassle to anyone, they always make you feel at ease.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
Why Are Truck Accident Cases Different From Car Accident Cases?
Although any traffic accident can be devastating, there are certain factors that make truck crashes unique. Here are a few ways that truck accidents differ from standard automobile crashes:
More than one company may be involved
The truck driver, carrier, truck owner, maintenance contractor, or a cargo loading company could be liable for your injuries. Your lawyer will need to review the facts to determine who is at fault.
Commercial truck claims often involve evidence that ordinary passenger vehicle claims may not
Truck accident investigations will often require your attorney to look for and review electronic logging data, GPS/telematics, maintenance and inspection records, dispatch information, and cargo records.
Federal trucking rules can apply in addition to New York law
Trucking rules and regulations that apply to commercial vehicles may come into play. These may include hours of service rules, weight limits, specific rules for hazardous cargo, and more.
Commercial insurers and trucking companies may begin investigating immediately
There may be large corporations involved, and they will have their legal teams ready to start investigating right away.
In the Buffalo area, trucks regularly travel through Western New York using the I-90, the I-190, the I-290, and the Peace Bridge. Because of the proximity to Canada, some Buffalo claims may involve interstate or Canadian carriers, adding another layer of complexity to your case.
Who Can Be Liable for a Truck Accident?
Determining liability is one of the most complicated parts of truck accidents. Here are some of the potentially liable parties and the reasons they could be at fault for your injuries.
Truck driver
A truck driver may bear responsibility for your injuries if they were:
- Speeding
- Fatigued
- Distracted
- Making unsafe lane changes
- Following too closely
- Driving while impaired
- Engaging in other types of negligent driving
Trucking company
The trucking company could be liable, even if the driver’s behavior was clearly the cause of the crash. For instance, the company could be at fault if:
- The driver is an employee of the company and was negligent while acting within the scope of employment (vicarious liability)
- It negligently hired or retained a driver with a track record of dangerous behavior behind the wheel
- It poorly trained or failed to properly supervise the driver
- It engaged in unsafe scheduling practices, like requiring drivers to spend too long on the road
- It didn’t perform proper maintenance on the vehicle, and as a result, a defect caused the crash
Truck owner
In New York, it’s possible to impose liability on a vehicle owner for negligent operation by someone driving with express or implied permission.
Other potentially responsible parties
Parties that may share responsibility can also include:
- Maintenance companies that performed inadequate repairs
- Cargo loaders that didn’t properly distribute weight, leading to imbalances and resulting crashes
- Manufacturers of defective trucks or components that created dangers on the road
- Other motorists who created dangerous conditions by driving negligently or recklessly near the truck
- Government entities in appropriate road defect or publicly owned vehicle cases
Our team can work carefully to determine all the parties that might be at fault for your injuries. Identifying all of those who are at fault for the crash can help open more opportunities to recover for your losses.
What Evidence Is Important in a Truck Accident Claim?
Our attorneys can help you gather evidence to support your truck crash claim. We can look for the following:
- Electronic logging device information
- GPS and telematics
- Event or engine data when available
- Dash or cab camera footage
- Driver logs
- Dispatch records
- Driver qualification and training files
- Inspection records
- Truck maintenance and repair histories
- Cargo manifests and loading records
- Cellphone records
- Police reports
- Witness statements
- Photos and video
- Surveillance footage from nearby traffic or business cameras
When it comes to getting all of this information, it’s critical to act fast. If you wait too long, electronic information may become overwritten, businesses may not keep video footage indefinitely, and witnesses may start to forget details. The quicker you contact us, the better. We can start gathering important documents and other evidence before it disappears.
What New York Laws Apply to Buffalo Truck Accidents?
If you’ve been hurt, we recommend you reach out so that we can explain your rights and the laws that may apply in your case. However, it’s often helpful to review some of the laws that are likely to come into play in your case.
New York no-fault insurance
New York Insurance Law Article 51 generally provides first-party no-fault benefits after covered motor-vehicle accidents. Basic economic loss is generally capped at $50,000 per person, but if you meet the statutory definition of a serious injury, you can recover non-economic loss from an at-fault party. Economic loss exceeding basic economic loss may also be recoverable.
Comparative fault
New York state law allows you to recover compensation even if you are partly at fault for your injuries. For vehicle accidents subject to Article 51, a modified comparative-fault rule states that you can recover compensation as long as your share of fault is not greater than the combined culpable conduct of the defendants from whom you are seeking to recover damages. If you are not more at fault than the defendants, your compensation can be reduced in proportion to your share of fault, but you won’t be prevented from recovering anything.
Filing deadlines
Another law that often comes up is the statute of limitations. In New York, you must file your case within the proper time frame, or it will be barred. The deadlines are as follows:
- Personal injury: generally three years.
- Wrongful death: generally two years.
- For certain government claims, notice may be required within 90 days, and some actions must be commenced within one year and 90 days.
Federal and New York trucking rules
New York law tends to incorporate major portions of the Federal Motor Carrier Safety Regulations. The most relevant rules tend to involve:
- Hours of service: Drivers who spend more time on the road than permitted may be in violation of the law. This restriction is meant to prevent drivers from being on the road when they are too tired to safely operate a large commercial vehicle.
- Vehicle inspection: Defective truck parts put everyone on the road at risk, so the law requires more proactive inspection processes.
- Repair and maintenance: If a defect is identified, it’s important that the trucking company performs proper repairs.
- Driver qualifications: Commercial drivers may be subject to specific training, testing, and medical qualification requirements before they can operate certain commercial trucks.
What Compensation Can You Recover After a Buffalo Truck Accident?
Compensation available after a truck crash can vary depending on the damages you suffer. For instance, you may be able to recover the following losses and expenses:
Economic losses
- Past and future medical expenses
- Rehabilitation
- Lost wages
- Reduced earning capacity
- Property damage
- Other accident-related expenses
Non-economic losses, where legally recoverable
- Pain and suffering when legally recoverable
- Disability
- Scarring and disfigurement
- Emotional effects
- Loss of enjoyment of life
- Loss of consortium (for spouses of the injured person, for instance, where applicable)
It’s impossible to put a specific value on a case because there are too many factors that could influence the amount. We can help review your case to identify the real value of your losses.
What Should You Do After a Truck Accident in Buffalo?
Following any incident that results in injuries, your first priority should be getting medical attention for yourself or anyone else who suffered injuries. Other steps include:
Call 911 and make sure emergency responders and police respond to the scene.
Photograph the truck, trailer, damage, roadway, cargo, company markings, and USDOT number if visible.
Exchange the required information with the other party.
Get contact information for any witnesses at the scene.
Don’t say too much and avoid arguing about fault.
Preserve photos, medical records, receipts, and other documentation.
Notify your insurer.
Be cautious about giving statements to the trucking company's insurer – it’s better to speak to your lawyer first.
Remember to contact us as soon as possible so that we can start collecting evidence before it disappears.
What Causes Truck Accidents in Buffalo?
Truck accidents can happen for various reasons, including:
- Driver fatigue
- Distracted driving
- Speeding
- Unsafe lane changes
- Improper turns
- Inadequate training
- Mechanical failures
- Poor maintenance
- Overloaded or improperly secured cargo
- Unsafe scheduling
Traffic congestion and merging vehicles around Buffalo's major expressways and commercial traffic around the I-90, the I-190, the I-290, and Peace Bridge approaches can increase the risk of collisions. Additionally, bad weather common to Western New York may lead to snow, ice, poor visibility, and high winds, making cautious travel especially important. Slick roads make it challenging for any driver, but stopping and maneuvering is even harder for large commercial trucks. NYSDOT has even imposed commercial-vehicle restrictions on certain Buffalo-area highways during severe winter weather to address some of these risks.
Visit Us
Do You Have a Buffalo Truck Accident Lawyer Near Me?
Yes. O’Brien & Ford is located at 4549 Main St, Suite 201, Buffalo, NY 14226. Our office is on Main Street, near Harlem Road and accessible from the I-290. You can call us to schedule a free consultation. We’re available by phone 24/7.
Our Buffalo truck accident attorneys support the injured throughout Buffalo, Erie County, and surrounding Western New York communities.
FAQs About Buffalo Truck Accidents
What if the truck that hit me was from Canada?
Buffalo-area traffic and the proximity to the Peace Bridge make this a real possibility. Just because the involved vehicle was a Canadian carrier does not automatically prevent a New York claim. However, these cross-border cases may lead to additional questions about insurance, corporate identity, records, jurisdiction, and service.
What if the truck driver did not receive a ticket?
What if I did not get the truck’s license plate or USDOT number?
What if I was working when the truck crash happened?
Speak With a Buffalo Truck Accident Lawyer Today
Truck accidents are devastating and often involve serious injuries. On top of that, you may need to determine liability between commercial defendants, review specialized evidence, and navigate the legal implications of both state and federal rules. The lawyers at O’Brien & Ford are prepared to help you face this process and pursue the compensation you and your family need. If you were injured in Buffalo or the Western New York area, call us today or fill out our contact form to speak to an experienced truck accident lawyer. We offer free consultations and always represent clients on a contingency basis. Call us now, and you’ll be on the phone with a lawyer in two minutes.