Commercial vehicle accidents can have severe consequences, and one of the most common injuries sustained in such incidents is whiplash. Whiplash occurs when the head is forcefully jerked backward and then forward, causing injury to the neck and surrounding tissues. When these accidents involve commercial vehicles, the legal landscape becomes more complex, especially when addressing employer liability and the potential legal recourse available to victims in Buffalo, New York.
Employer Liability
In Buffalo, as in many other jurisdictions, employers may be held liable for accidents involving their commercial vehicles under the legal principle of vicarious liability. This doctrine holds employers responsible for the actions of their employees during the course of employment. If a commercial vehicle driver causes an accident while on the job, the employer may be held accountable for the resulting injuries, including those associated with whiplash.
Establishing employer liability is not always straightforward. Factors such as whether the driver was acting within the scope of employment, whether the employer was negligent in hiring or training the driver, and whether the vehicle was properly maintained can all impact the determination of liability.
Legal Recourse for Whiplash Victims
Whiplash injuries can lead to significant medical expenses, pain and suffering, and lost wages. Victims of commercial vehicle accidents in Buffalo, NY, have legal recourse to seek compensation for these damages. The following legal avenues may be pursued:
Personal Injury Claims
Victims of commercial vehicle accidents can file personal injury claims against the at-fault party, which may include both the driver and the employer. These claims seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from the accident.
Workers’ Compensation
If the accident occurred while the victim was working, they may be eligible for workers’ compensation benefits. This can cover medical expenses and a portion of lost wages, regardless of who was at fault. However, workers’ compensation benefits may limit the ability to sue the employer for additional damages.
Product Liability Claims
Whiplash injuries may result from defects in the commercial vehicle itself, such as faulty seat belts or poorly designed headrests. Victims may have grounds to file product liability claims against the manufacturer or distributor of the defective vehicle components.
Negligent Hiring or Training Claims
If the employer failed to properly screen, train, or supervise their commercial vehicle drivers, they may be held liable for negligence. Victims can pursue claims alleging that the employer’s actions or inactions contributed to the accident and resulting injuries.
Whiplash injuries sustained in commercial vehicle accidents can have lasting effects on victims’ lives. Understanding employer liability and the legal recourse available is crucial for those seeking compensation for their damages. If you or a loved one has suffered whiplash or other injuries in a commercial vehicle accident in Buffalo, NY, it is advisable to consult with an experienced personal injury attorney to explore the available legal options and pursue a fair and just resolution.
How can, Andrews, Bernstein & Maranto, PLLC help you if you have been in a whiplash accident in Buffalo, NY?
At Andrews, Bernstein & Maranto, PLLC, we understand the physical, emotional, and financial challenges that individuals face after being involved in a whiplash accident in Buffalo, NY. Our experienced team of personal injury attorneys is dedicated to providing comprehensive legal support to victims, ensuring that they receive the compensation they deserve for their injuries and losses.
Here’s how Andrews, Bernstein & Maranto, PLLC can assist you if you have been in a whiplash accident in Buffalo
Experience in Personal Injury Law
Our attorneys focus on personal injury law, including cases involving whiplash injuries resulting from commercial vehicle accidents. We have a deep understanding of the legal complexities surrounding these cases and are well-equipped to navigate the intricacies of Buffalo’s legal landscape.
Thorough Investigation
We conduct a thorough investigation into the circumstances of the accident to determine liability and identify all responsible parties. This may include assessing the actions of the commercial vehicle driver, the employer’s hiring and training practices, and potential product liability issues.
Medical Advocacy
Whiplash injuries often require extensive medical attention. We work closely with medical professionals to ensure that the full extent of your injuries is documented and that you receive appropriate medical care. This documentation is crucial for building a strong case for compensation.
Calculating Damages
Our team is adept at calculating the damages you may be entitled to, including medical expenses, rehabilitation costs, lost wages, pain and suffering, and other related damages. We strive to maximize your compensation to help you recover and move forward with your life.
Negotiation and Litigation
Whether through negotiation or litigation, we tirelessly advocate for your rights. We engage in skillful negotiations with insurance companies and, if necessary, we are prepared to take your case to court to secure the best possible outcome.
Compassionate Support
We understand the emotional toll that a whiplash accident can take on individuals and their families. Our attorneys provide compassionate support throughout the legal process, keeping you informed and empowered while we handle the legal complexities on your behalf.
No-Fee Unless We Win
At Andrews, Bernstein & Maranto, PLLC, we operate on a contingency fee basis. This means you don’t have to worry about upfront legal fees. We only get paid if we secure a favorable outcome for your case, ensuring that our interests align with yours.
If you’ve been involved in a whiplash accident in Buffalo, NY, contact Andrews, Bernstein & Maranto, PLLC today for a free consultation. Let us help you navigate the legal process and fight for the compensation you deserve, allowing you to focus on your recovery and rebuilding your life.