Our Buffalo Truck Accident Lawyer Has Experience You Need
Count on Our Team at Feroleto Law to Get the Compensation You Deserve after a Truck Accident
If you are looking for a Buffalo truck accident lawyer, chances are you’ve been through a traumatic truck wreck. Unfortunately, given that trucks are so much larger and heavier than cars, victims of these accidents are often horribly injured. Now, you’re facing high medical bills, you may be uncertain about when you can return to work, and your needs for future health care are unknown.
Our compassionate team at Feroleto Law Firm understands the challenges you face, and we know how to help. Our truck accident attorney in Buffalo is experienced at battling the trucking company and its insurance company, as well as any other parties who are responsible for the truck accident that left you with such serious injuries.
There is a lot at stake in a truck accident case since your medical costs may be high and stretch far into the future. You need to be sure you get the full compensation you deserve. That’s why it’s essential to rely on the skill, knowledge and experience of our Buffalo truck accident lawyer.
Call our truck accident attorney at Feroleto Law at (716) 854-0700 to get your free case evaluation. We work on a contingency basis only, so you never have legal fees unless we win your case or settle it out of court.
Why Choose Our Truck Accident Attorney in Buffalo
John Feroleto Has Unique Experience and Qualifications for Your Truck Accident Case
One of the Top Trucking Accident Attorneys
Our Buffalo truck accident lawyer has years of experience handling legal cases when truck wrecks happen. John Feroleto served as the chair of the National Interstate Trucking Litigation Group of the American Association for Justice, a national group of the top truck accident lawyers in the United States, dedicated to protecting the rights of those injured or killed in trucking accident cases. This experience directly contributes to the successful outcome our clients have in dealing with insurance and trucking companies after a devastating accident.
A Well-Respected Litigator
While we will negotiate aggressively on your behalf to ensure you receive the full settlement amount you deserve, sometimes cases go to court. When that happens, you can have an exceptional attorney on your side. John has a widely known reputation as a skilled litigator with deep knowledge about taking a case to trial.
He is such a strong resource in his profession that he is called upon to provide litigation training to other attorneys at national, as well as state and local, organizations. In 2012, he received the exceptional honor of being named Trial Attorney of the Year in Western New York by the New York State Trial Lawyers Association.
When Clients Come First, We Get Winning Results
Feroleto Law firm is proud to have John at the helm. We also have an excellent team of attorneys and staff. Our compassionate team understands well what you’re going through and will be a supportive, guiding legal resource from the start to the end of your case.
We get results for our clients, with our victories totaling over $100 million won. We have the exceptional skills and experience you need; when we handle your truck accident case, you can trust we will leverage all our resources to help you.
At Feroleto Law, our clients always come first. See testimonials of our past clients to learn how we helped them. You can trust we will give you the same level of service.
Our Results in Buffalo Truck Accident Cases
- Over $3 million for the family of a truck driver killed in a head-on collision with a medical transport vehicle.
- More than $1 million for injuries sustained by a truck driver in a wheel loss case.
- Over $1 million to a truck driver whose disabled rig was struck by another tractor trailer.
- More than $1 million for a motorcyclist cut off by a tractor trailer driver.
Get the help you need, now. Work with our Buffalo truck accident attorney to get the best results possible in your truck wreck case. Call our team today at (716) 854-0700.
How Feroleto Law Firm Will Help You
What Our Buffalo Truck Accident Lawyers Will Do for You
Our lawyers at Feroleto Law are familiar with tactics some trucking companies use to deny liability. Our Buffalo truck accident attorneys know how to build an exceptionally strong case to identify all responsible parties in the accident so we can obtain for you the most compensation possible.
In our investigation of your truck accident case, we will…
- Examine police reports from the truck accident
- Identify all relevant evidence
- Gather witness statements
- Secure all data from devices on the truck
- Obtain all data from the trucking company about the truck and driver
- Examine the history of truck maintenance and repair records
- Use expert witnesses to strengthen you case, particularly if it goes to trial.
Our Work to Gather Evidence in Your Truck Accident Case
There are specific documents and evidence which we need to secure to help win a case and fully compensate you for the injuries you suffered. In a truck accident case, there are a wide range of records and data that may be important to your case. Among that information would be the truck’s communication devices, driver logs, and truck repair and maintenance records. All the information we gather can help determine whether negligent actions led to the truck accident.
The Process of Discovery in a New York State Truck Accident Case
If your case goes to trial, then the information we obtain, as well as the information obtained by the defendant(s) get shared. This is a process called “discovery” and allows our attorneys as well as the lawyers for the defendant(s) to see all evidence that may be presented at trial.
New York has specific laws to allow for discovery before a lawsuit is started. Often it is necessary to secure evidence as soon as possible.
Discovery of Evidence – The Truck Driver
Evidence from the application for employment through the post-accident exam, along with logs, toll receipts, etc., may be important in establishing your case. Additional document discovery is likely to be necessary.
Discovery – The Trucking Company
Receipts, bills of lading, documents indicating delivery, time a driver is waiting, etc., are relevant. Sometimes they may show more hours of driving than the driver’s log indicates. There may be equipment issues. There may be circumstances of aggravated liability which increase the value of a case. Who is at fault in your truck accident case may seem obvious; however, further discovery is often required to fully examine all possible evidence of negligence.
Expertise You May Need in Your Truck Accident Case
Our Truck Accident Lawyer Knows When to Bring in Experts
Identifying all the causes which contributed to a truck crash is important to your case. It is important not just to prove who was at fault. It may also affect the amount of your settlement or the award if your case goes to trial. Often, an expert’s analysis of some element of the truck accident can help you win the best possible compensation.
Our Buffalo truck accident attorney understands what experts are needed and when. This is important in a truck wreck case because there may be multiple parties that can be held liable for the crash and some evidence may prove negligence for one party (like the manufacturer of a defective part), but not another (like the driver).
You can rest assured that our semi-truck accident lawyer will draw upon expertise whenever it is needed to strengthen your case. Experts can address any of the following topics:
Truck Driver Performance
- Truck driver skills and minimum standards
- Driver training and qualification
- Compliance with Federal Motor Carrier Safety Administration regulations
- Truck driver log compliance
- Truck driver fatigue
Events Surrounding the Truck Accident
- Accident reconstruction
- Analysis of data from satellite tracking systems
- Analysis of engine control module (ECM) data
- Speed analysis
- Truck conspicuity
- Loading dock procedures and dangers
- Load securement procedures
Truck Parts Manufacture, Maintenance and Performance
- Forensic engineering
- Metallurgic engineering
- Failure analysis
- Design of trucks and trailers
- Manufacturers or modifiers of trucks and trailers
- Truck mechanics
- Tire failure analysis
- Wheel loss analysis.
Truck Accident Victory: Over $3 Million for Family of Truck Driver
Dangerous winter weather is common in Buffalo, and drivers should know it requires extra care. Sadly, one driver’s negligence led to a family’s losing their loved one.
A patient transport during a blizzard ended in tragedy for a truck driver. In the midst of a strong winter storm, the driver of the patient transport vehicle crossed the double yellow line and crashed into a truck. Not only did the truck driver die, but the patient being transported did too.
The transport company tried to blame our client, the truck driver, for failure to wear a seatbelt. We successfully fought this tactic and brought justice to the driver’s family. Winning this truck accident case will never bring back their loved one, but the large $3-4 million settlement helped bring the family closure. (The exact settlement amount is confidential.)
Truck Accidents Cases Are Unique
Trucking accident cases are very different from car accident cases for many reasons, including different safety laws (49 CFR §385)1. There are several specific rules regarding safe operation and maintenance to prevent a truck crash. Federal regulations governing the trucking industry address vehicle maintenance (49 CFR §396)2, load weight, how a load is secured, driver time on the road and number of stops for rest (49 CFR §395)3, and more. Violation of any of these regulations may show proof of negligence.
You’ll need a truck accident lawyer who fully understands all these regulations if it’s necessary to prove that violations of them contributed to the accident.
Specific Laws Apply to Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) provides guidance on minimum required safety rules for trucks in interstate traffic4. There are very specific instructions for trucking companies and drivers, including daily inspections, weight limitations, hours of service, actions when there is inclement weather, and much more.
We understand there is little reason for most people to be familiar with all the regulations. That’s why you should contact our Buffalo truck accident lawyer while evidence still exists. There are several reasons why it is important to collect evidence as soon as possible:
- Records from GPS systems exist for a very short time.
- The company and driver are required to keep hours of service logs for six months. Even when there is an accident, a company and driver often dispose of logs as soon as the six-month period expires.
- There may be site and roadway evidence which is important. Conditions can change quickly at the scene.
- Specific notice requirements apply to New York truck accidents.
The fact is, when a trucking company allows dangerous trucks, or unlicensed or unqualified drivers on the road with big rigs, the company puts us all in jeopardy. If they are financially penalized enough times, most will change their ways. There are plenty of trucking companies with good safety records, but the dangerous companies should pay when they harm members of the public who are using our roads.
Proving negligence involves more than a question of who hit whom. Our Buffalo truck accident attorneys at Feroleto Law have the experience and knowledge to deal with New York insurance questions, federal safety regulations, and notice requirements. We know what to look for in records and in our investigation. We will leverage all our resources to secure a fair resolution for the harms to you and your family. Get a free consultation with our team today at (716) 854-0700.
Determining Fault in Your Truck Accident Case
A variety of factors can cause truck accidents, many of which constitute negligence in a court of law. Some common causes include fatigued or inexperienced drivers, equipment failure and not securing cargo appropriately.
If any of these scenarios take place, you should contact Feroleto Law immediately. We have decades of experience prosecuting truck accident lawsuits. Depend on our dedication and skill to build a successful case against the guilty party.
Depending on the Situation, the Party at Fault Could Include:
- The truck driver
- The trucking company
- The truck maintenance company
- The company which loaded the truck
- The condition of the roads, signage, or lighting at the time
- Third-party vehicles.
To determine where negligence lies, our truck accident lawyer in Buffalo will coordinate a thorough investigation into the accident and then recommend the best course of legal action for you to take.
In truck accidents where the trucker is at fault, the cause is often due to driver fatigue. One study found that nearly one-third of truck drivers have mild to severe sleep apnea, a condition that significantly increases the chances of drowsy driving, distracted driving and inattention on the road5. But there are many other causes of large truck crashes. Here are a few examples:
- Speeding or traveling too fast for conditions
- Inexperienced drivers who did not receive adequate training
- Truck drivers who drive under the influence
- Truck drivers who drive too aggressively, changing lanes without proper care
- Trucks that are overloaded or over-sized
- Poorly maintained trucks, especially brakes and tires
- Inadequate or missing safety mechanisms.
Damages You Can Receive in Your Truck Accident Case
The losses you experience as a result of your truck wreck, whether they are lost income or the cost of medical bills, are known as “damages.” When it is proven in court that the guilty party in a Buffalo area truck accident acted negligently, they must pay you compensation for damages. They can be held liable for reimbursement of all current and future medical bills, current and future lost wages, and pain and suffering. Sometimes these settlements and judgments can reach into the millions, but you’ll need the help of experienced truck accident attorneys like ours to take on the insurance companies and get you all the compensation you may be entitled to.
Our Buffalo truck accident lawyers understand what’s needed to build a strong legal case, and we know how to identify who was negligent and how. Call us today for help at (716) 854-0700.
What to Do After a Buffalo Area Truck Accident
Contact the Police and Get Medical Care
If you didn’t call the police at the scene of your Buffalo area truck accident, now is the time to call the local police department or the New York State Troopers to report the accident. Also call your doctor or seek medical care. Significant injuries often appear minor early on but get worse over time. You should report any minor pain or aching, tightness, numbness or loss of feeling.
Record Information About Your Truck Accident
Once you’re situated, whether it be at home, at a hospital, or in another location, write down information about your truck accident while it is fresh in your mind. What are the facts and road or weather conditions, as you remember them? Document the names of as many people involved with the accident as possible. This may include witnesses, the police, New York State Troopers, and rescue squad. Often, information, such as a witness’s name, will be forgotten or quickly lost.
Retain a Truck Accident Lawyer in Buffalo Who Knows Trucking Regulations
- Trucking companies and drivers are required by law to keep records such as logs of drivers’ hours and safety inspections.
- Too often, truck accidents are caused by fatigued drivers who violated maximum hour laws.
- Equipment violations often cause big rig accidents. Many trucking companies destroy or dispose of records after the minimum amount of time allowed by law. Even if a truck driver admits fault at the scene, he may be limited or forced by his employer not to repeat those statements at a later time.
- Our skilled and experienced Buffalo truck accident attorney can best help you if we are retained early on.
Notify Your Insurance Company or Agent
You are required to promptly notify your insurance company. If you fail to do so you may lose insurance coverage for your truck accident.
File Your Application for New York No-Fault Benefits
You must file your New York no-fault form to cover medical bills and expenses and secure lost wages. Generally, you must file within 30 days6 or have a good reason why you didn’t. You can find the NYS form here. Otherwise, the insurance company may refuse to pay.
- It is not unusual for symptoms of your injuries to progressively worsen. Many people try to “shake it off” without medical care only to see their condition deteriorate to the point where they can no longer work. Don’t assume your symptoms are minor. File your no-fault form.
- If you need medical care at a later time or can’t work and you failed to file your form in time, your medical benefits and lost wages will not be covered.
- For any questions, contact our truck accident attorneys at (716) 854-0700 for help with your questions about no-fault benefits and your truck accident.
Check Your Auto Insurance Policy to Confirm the Type of Coverage You Have
You should review your auto insurance policy as soon as possible after your truck accident. The policy requires your insurance company to provide no-fault benefits. The insurance company does not provide these benefits by choice. It is required to by New York law.
- You may have other benefits such as SUM (Supplemental Uninsured Motorist Coverage), UM (Uninsured Motorist Coverage), APIP (Additional Personal Injury Protection), OBEL (Optional Basic Economic Loss) or spousal coverage.
In addition, there may be other applicable insurance coverage such as New York State Disability or Workers’ Compensation, if your accident happened while you were on the job. To fully understand your potential for insurance compensation, you should talk to our experienced Buffalo truck accident attorney.
IMPORTANT TIP! Never Sign a Release or Give a Statement to the Trucking Company’s Representatives.
- You have no duty to provide a statement to the trucking company’s representatives.
- The trucking company’s investigator or insurance adjuster may be phrasing questions specifically to put fault on you.
- He or she may start questioning you at length before you have had a chance to think through precise answers. Casual answers like “a minute or two” may not be precise and could be extremely critical in the future.
- Claims adjusters may be aware that your medical condition will likely deteriorate and will attempt to settle at a low amount before your injuries are fully diagnosed.
- What might appear to be a limited release for property damage to your car could include language prohibiting you from recovering for your injuries.
NYS Requirements Related to Filings for Your Truck Accident
- If you do not complete your application for no-fault benefits within 30 days, you may be denied coverage.
- You are required to file an accident report with the New York State Department of Motor Vehicles if there is damage in excess of $1,000 or else you may be ticketed7. You can find the NYS form here.
- If you are employed, you need to file your application for New York State Disability Benefits within 30 days8. The form is available here.
- There are other notice requirements if you have SUM coverage or Additional PIP coverage.
Truck Accident FAQs
How much is my truck accident worth?
Our truck accident lawyers in Buffalo will review your case, including your medical records and the circumstances of the case, to help determine an estimated cost. While no attorney can dictate the exact worth of a case, an experienced semi-truck accident lawyer knows how insurance companies figure the value of a case and will fight for fair and reasonable compensation.
In addition to lost wages and medical expenses, you could receive compensation for pain and suffering, including emotional distress; loss of use of a body part or function; loss of quality of life, including companionship and consortium; inconvenience; and compensation for amputation, excessive scarring and disfigurement.
How much will a truck accident lawyer cost me?
For many of our clients, their first question when they call us for help is “how much will a truck accident lawyer cost?” When you work with our Buffalo truck accident lawyer, you won’t pay any legal fees unless we win your case. We work on a contingency basis, which means you don’t have any up-front legal fees and we get paid when we win compensation in your truck accident case. Our attorneys will evaluate your case and upon choosing to represent you, we will commit all our resources to obtaining the best possible outcome in your case.
What fees does a Buffalo accident attorney charge?
You only pay the legal fees for our work if we win your case. You will have no up-front fees. While Buffalo truck accident attorneys work on a contingency basis, many require reimbursement of certain costs, such as court filing fees, investigation costs, and costs for court reporters, and mediation or arbitration.
Can any accident attorney represent me in a truck accident case?
Not likely. A personal injury attorney should have experience in truck accident cases because of the additional laws and regulations that govern the industry. Additionally, in many cases, the truck driver is not the only entity at fault. You could recover compensation from the trucking company and third parties involved with the trucking company, such as maintenance personnel, dispatchers, cargo loaders, or even the trucking manufacturer or aftermarket part manufacturer.
How long do I have to file a truck accident case?
You should contact our Buffalo truck accident attorney as soon as possible after the accident. While New York allows you up to three years to file a personal injury lawsuit (NY CVP § 214)9 or two years to file a wrongful death lawsuit (NY EPTL § 5-4.1)10, there are exceptions with shorter time periods and the insurance companies give you much less time to file certain claims.
Additionally, it takes longer to investigate a case and go through settlement negotiations than you would expect. The amount of time you have to file a lawsuit if the insurance companies refuse a fair and reasonable settlement gets eaten up quickly.
What should I ask a truck accident lawyer that will help me choose an attorney?
You can ask a truck accident lawyer questions about the number of cases he or she settled and litigated, some of the award amounts the attorney recovered in cases like yours, and how much time the attorney plans to spend on your case. You might also have questions about the legal process, attorney fees and costs, and how the attorney might approach your case.
Why You Need Experienced Buffalo Truck Accident Attorneys Like Ours
Don’t Take Chances with Your Truck Accident Lawsuit
There is a lot at stake in your truck accident case. Your current and future medical bills can be very large. You may miss a lot of work and need compensation for your lost income. You may experience pain and suffering or emotional distress that also deserves compensation. If you were involved in an accident with a large truck, you can bet the trucking company will have lawyers on its side. Because of this, you need our experienced truck accident lawyer on your side to protect your rights.
Insurance adjusters for these companies often try to take advantage of someone not familiar with the claims process or inexperienced in handling truck wreck cases. This is where a skilled truck accident attorney with detailed knowledge of all trucking industry regulations is extremely valuable. Having the right attorney at your side will ensure that you will be well represented against the interests of large trucking companies and their insurance carriers.
Our semi-truck accident attorneys in Buffalo never charge legal fees unless we recover compensation for you or settle out of court, so don’t hesitate to schedule your complimentary case evaluation today.
Truck accident lawyer John Feroleto has an impressive record in these types of cases, has taught other attorneys on truck crash cases, and has served as an advisor to other attorneys on 18-wheeler crashes. He can put that experience to work for you.
We fight aggressively for the full compensation our clients deserve. Call our Buffalo truck accident lawyers today at (716) 854-0700 to discuss your case.
1 49 CFR §385 U.S. Code of Federal Regulations. Title 49. Part 385. Safety Fitness Procedures. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385
2 49 CFR §396 U.S. Code of Federal Regulations. Title 49. Part 386. Inspection, Repair and Maintenance. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396
3 49 CFR §395 U.S. Code of Federal Regulations. Title 49. Part 395. Hours of Service of Drivers. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395
4 Federal Motor Carrier Safety Administration. Regulatory Guidance. https://www.fmcsa.dot.gov/guidance
5 Federal Motor Carrier Safety Administration. Driving When You Have Sleep Apnea. https://www.fmcsa.dot.gov/driver-safety/sleep-apnea/driving-when-you-have-sleep-apnea
6 New York State. Department of Financial Services. Consumer FAQs About No-Fault Insurance.
7 New York State. Department of Motor Vehicles. Crash (accident) report. https://dmv.ny.gov/dmv-records/crash-accident-reports
8 New York State. Workers’ Compensation Board. Workers’ Disability Benefits. http://www.wcb.ny.gov/content/main/DisabilityBenefits/employee-disability-benefits.jsp
9 New York State. Civil Practice Laws & Rules. Section 214. Actions to be commenced within three years.
10 New York State. Estates, Powers & Trusts. Section 5-4.1. Action by a personal representative for a wrongful act, neglect or… https://www.nysenate.gov/legislation/laws/EPT/5-4.1
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]