585.678.4500

Rochester, NY Truck Accident Lawyer

Experienced, Compassionate Legal Representation for Truck Accident Victims

Trucking accidents are unique in many ways, including that the injuries suffered tend to be much more severe. Victims suffer life-altering physical, mental, emotional and financial injuries, which entitle them to compensation.

At Kammholz Law we’ll make sure everything is going to be alright. We will work hard to secure the maximum compensation for your past, present, and any future damages. With nearly 35 years of combined legal experience, we know the tactics of the insurance defense teams and how to overcome them.

We know the causes of serious truck accidents and how to hold truck drivers and trucking companies accountable for negligence such as regulation violations, driver fatigue, untreated sleep apnea, poor maintenance, overloading of cargo and more.

Truck Accident Investigation and Preparing Your Case

The complexities of 18-wheeler accident investigations are additional factors that make these cases unique. There is simply a lot more evidence to review and protect. It starts with finding out how the accident happened.

The goal of a thorough investigation is to get to the heart of the negligence. We will review everything from gas purchase receipts and driver training files to inspection reports and truck maintenance records. Truck accident investigations must be thorough and swift. Evidence could be lost not just at the accident scene, but also from within the trucking company. It is important to collect evidence at the scene by taking photos and documenting the debris field, position of vehicles, road conditions and tire skid marks. Additionally, we will collect information about hiring practices, drug and alcohol testing, safety measures and operating practices at the trucking company.

The following items must be requested right away:

  • The truck driver’s logbook
  • The police report from the accident scene
  • Inspection of the truck with our trucking accident reconstruction expert
  • The truck driver’s cell phone records
  • Witness statements
  • The truck’s black box recorder data

For us to find the cause of your truck accident and be able to hold the at-fault party accountable for your full damages, we are diligent and thorough in searching for evidence that proves the trucking company’s negligence, such as:

  • Allowing or encouraging truck drivers to violate hours of service regulations
  • Poor maintenance of trucks and trailers
  • Incomplete tracking of driving hours
  • Negligent hiring or training practices
  • Improper loading of trucks
  • Allowing trucks to exceed federally mandated weight limits

If the trucking company’s negligence was a factor in your accident, we will uncover the critical evidence to help us recover the financial compensation you are entitled to. We will build a solid case based on all the evidence collected. Whatever the situation, we at Kammholz Law are ready to represent you.

Statute of Limitations on a Truck Accident Claim

It is in your best interest to immediately start the investigation into whether you have a valid personal injury claim after an accident.

In addition, there are time limits called “statutes of limitations” on how long you have to file a personal injury lawsuit in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on who hit you – a private vehicle or State/Municipal vehicle. The statute of limitations can be as short as one (1) year from the date of the accident or as long as three (3) years from the date of accident. You may also be required to file a “Notice of Claim” with the municipality within ninety (90) days of the incident.

Contact Kammholz Law to determine whether you have a claim and the applicable statute of limitations. We are here to help!

Let Us Take It From Here! FREE Consultation!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There’s no cost to find out whether you have a case. There is also no upfront costs to pursue a case, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee. In New York, the contingency fee for negligence cases, such as a truck accident, is one-third (33.3%) of the total damages paid. Percentage is calculated on the net amount after expenses and disbursements are deducted.