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You might think that if you or someone you love gets hit by a commercial truck in New York you should seek out a New York car accident lawyer.  You would be wrong.  Suing a commercial trucking company for personal injuries is NOT the same as suing for a run-of-the-mill car accident.  You need a lawyer who is experienced and knowledgeable in the hyper-specialized field of truck accident litigation.

Don’t get me wrong.  There are many important similarities between truck accident and car accident litigation.  For starters, both trucks and cars are subject to the New York Vehicle & Traffic law, a set of “rules of the road” that applies to all vehicles on New York State roads (even bicycles!).  Thus, for example, all vehicles must stop at stop signs and red lights, yield at yield signs, and signal turns, etc.

But in addition to being subject to the New York Vehicle & Traffic Law, commercial trucks are subject to the Federal Motor Carrier Safety Regulations (FMCSR)(adopted and codified in New York under Title 17, Section 820).  This is an additional set of safety rules that applies only to commercial trucks.  A lawyer with a working knowledge of these rules is better armed to take on the trucking insurance company.  He or she can find additional ways to lock in liability against the negligent truck operator, his employer, and the owner of the tractor and trailer.

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Medical professionals are getting away with murder!  How?  By a New York law that says victims of medical malpractice have only two and a half years to sue the doctor/hospital or other medical professional who negligently injured them, and only two years to sue for wrongful death (CPLR 214-a), REGARDLESS OF WHEN THE VICTIM FOUND OUT THAT THERE WAS A MEDICAL ERROR OR THAT THEY WERE INJURED BY IT.

Here’s an example of the cruel workings of this rule:  Patient gets a lung or breast ex-ray or mammogram.  Radiologist says it looks good.  Three years later patient is diagnosed with stage-four lung or breast cancer.  The new doctors look back at that ex-ray taken three years earlier, which clearly shows the cancer.  The radiologist three years ago clearly overlooked it.  If the cancer had been timely diagnosed, full recovery was likely.  Now it is too late – the patient is dying.

Can this unfortunate patient or her family sue the careless radiologist?  NO!  Not in New York.  That’s because the two-and-a-half year statute of limitations runs from the date of the malpractice, not from the date when the patient discovers the malpractice.

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