Traumatic Brain Injury Caused in an Accident with a Truck or Tractor Trailer?

Michael Kaplen, president of Brain Injury Association at Health Information fair

Pursuing Justice with a passion–making a difference in lives.

What sets us apart from most personal injury law firms is our commitment and passion to protect the rights of brain injury victims.

De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Truck Accidents and Their Families

We are honored that our founding partner, Michael V. Kaplen, has been elected to the National Advisory Board and the New York State Advisory Board of Interstate Trucking Lawyers of America.

If you or a loved one has received a traumatic brain injury or other form of brain damage as a result of the unsafe driving of a truck driver or tractor trailer or semi truck, you need a law firm who has the knowledge and experience in brain injury and truck and tractor trailer accident cases to protect your rights.–Brain Injury Lawyers You Can Trust

Representing Truck Accident Victims and Their Families for Over 26 Years

We are New York Truck Accident Lawyers who have been representing victims of brain injuries caused by negligent truck drivers for over 26 years.

You Need Knowledgeable and Experienced Brain Injury Lawyers On Your Side

After all, the insurance company has lawyers to protect the trucking company and the truck driver, those responsible for your injury, don’t you need truck accident lawyers and truck accident attorneys on your side, who understand how to prove that the tractor trailer crash was the fault of the unsafe operation of the truck and just as important, that the brain injuries that you sustained are real and will affect the quality of your life for years to come?

Truck Accidents are Preventable

Our roads and highways are filled with the carnage due to the unsafe driving of trucks and the failure of trucking companies to properly police their drivers or maintain their rigs. These trucks, semis or tractor trailers cause hundred of thousands of personal injury including serious and life threatening brain injuries each year.

Victims of trucking accidents don’t always realize that the truck crash was often preventable and that the tragic brain injury that resulted, need not have occurred. De Caro & Kaplen, LLP has successfully proven that the brain damage sustained to victims of a trucking accident was caused by poor truck maintenance, faulty driving as well as unsafe driving by the truck driver.

Because of his knowledge and experience in truck accident cases, Michael Kaplen has been named to the National Advisory Board and New York State Advisory Board of the Association of Interstate Trucking Lawyers of America. In one of case, our truck accident lawyer, Michael Kaplen was able to prove that brain injury caused to our client was due to faulty truck brake maintenance. The truck crash was caused when the truck driver was unable to stop his rig at a red light. This avoidable trucking accident had left our client with the lingering effects of brain damage including memory and concentration difficulties, poor planning and diminished executive functioning. Through the use of brain imaging and neuropsychological testing, we were able to prove in court that the brain trauma would affect this young man for the rest of his life and we were able to provide him with the compensation he deserved.

Determining the Cause of Truck Accidents and Your Brain Injury

Putting our knowledge and skills to work for you, we are able to prove the cause of your traumatic brain injury was truck driver negligence.

We all have heard of truck drivers who have received traffic tickets many times for their irresponsible conduct, have been involved in multiple accidents and have even had their licenses suspended. Yet, many of these drivers are still permitted to operate tractor trailers because the trucking company failed to exercise proper precautions in checking out the driving background of these dangerous drivers.

In one case our trucking accident attorney worked on, a tractor trailer rear ended the vehicle traveling in front of it on an interstate highway causing the car’s driver to suffer a seizure disorder, also known as traumatic epilepsy. We found that the truck driver had actually gone to jail for vehicle homicide in an earlier trucking accident, yet was inexplicably allowed to operate this big rig.

In other situations, we have found drivers with medical conditions that should have been discovered that impedes their ability to safely operate the truck. These truck drivers where negligently allowed to continue to drive, often times leading to tractor trailer accidents. These truck drivers find their way onto our roads and highways because of the careless conduct of the trucking company.

Our truck accident attorneys have discovered this unacceptable behavior and received compensation for the victims of brain damage that we represent. We review the driving records of the truck driver involved in the accident with you.. We have taken the time to carefully examine the personal records maintained by the trucking company and have spent the time to question the truck driver about his past driving record at his deposition.

The negligent truck driver and the negligent trucking company should be held responsible for the carnage they cause on our nation’s highways.

Click here to view the most frequent causes of trucking accidents.

Truck Accident Attorneys Throughout New York

We represent victims of truck, tractor trailer and semi truck accidents throughout New York City and New York State. We can represent you or a family member who has received physical injury, brain injury or was fatally injured (wrongful death) as a result of a truck accident, semi truck accident or a tractor trailer accident in New York City including Brooklyn, Bronx, Manhattan, Staten Island and Queens as well as throughout New York State including Albany, Buffalo, Long Island, Nassau, Rockland, Suffolk, Syracuse, Westchester and surrounding areas. With national affiliates, we can assist you in your case throughout the United States. We represent victims of trucking accidents in both state and federal court.

OUR CREDENTIALS

We pride ourselves on treating our clients with compassion and respect, two traits that are all too often, unfortunately lacking in our profession. We are lawyers who understand trucking accidents and tractor trailer collisions.

We are honored that our founding partner, Michael V. Kaplen, has been elected to the National Advisory Board and the New York State Advisory Board of Interstate Trucking Lawyers of America.

We are proud that our senior partner, truck accident lawyer Michael Kaplen was elected chair of the Association of Trial Lawyers of America, Motor Vehicle, Highway and Premises Liability Section and has taught courses in trial practice and law & medicine at St. John’s University School of Law.

We Believe in Being Prepared

We believe that to properly represent a victim of a truck crash, it is essential to gather all the facts, retain qualified investigators to examine the accident scene, take measurements and photographs, examine the vehicles involved and the damage sustained, as well as interview any witnesses. It is vital that your lawyers understand trucking regulations and truck driver safety issues.

We are fully familiar with STATE AND FEDERAL REGULATIONS that govern the operation of trucks and tractor trailers and are prepared to use these regulations in Court to prove that the trucking accident was the fault of the truck driver and the trucking company.

In one tragic case, a young male truck driver being distracted by his girlfriend who was unacceptably allowed to spend the day with him, caused a severe truck crash when he ran into the side a man’s car, causing massive brain injury to him. We reviewed the entire police investigation file, and found that this truck driver allowed his girlfriend in the cab. Although trucking company rules frequently prohibit drivers from allowing passengers in their cabs, we have found these requirements frequently ignored.

Another man our truck accident attorney represented, had sustained brain trauma when his vehicle was hit by a truck, which couldn’t stop in time because it was carrying too much weight. We employed the services of a professional engineer to determine proper stopping time and distances and were able to establish that if the vehicle was not overloaded, its driver would have had plenty of time to slow down and avoid a serious truck accident. This in turn enabled us to receive appropriate compensation for our client, the accident victim.

De Caro & Kaplen, LLP has also been involved in cases where a truck accident was caused because the truck was stopped on the roadway and failed to properly warn approaching cars of its presence. The truck drivers did not follow federal regulations and did not activate its flashing caution signals and place other warning devices on the roadway itself such as flares or reflective triangles.

We Believe That We Must Understand Your Brain Injury

Just as important as understanding our the truck accident took place, it is essential that your trucking accident attorney understand and appreciate the nature of your brain injury other personal injury and be prepared to explain its devastating consequences to a jury. Not only must the physical injury to your brain be considered, a lawyer must also be prepared to show how your traumatic brain injury has affected your spouse and family and how it has and may in the future affect your ability to earn a living and hold down a job. We understand that brain damage can last a lifetime.

No fee unless we are successful

Your access to justice is not compromised or dependent upon your financial situation. We do not charge a fee unless we are successful at the conclusion of your case. This is called the contingency fee agreement and allows the courtroom to be accessible to all. Under this system, an injured person and their family can afford to retain the most qualified trucking accident attorney.

Over the past 26 years we have successfully obtained multimillion dollar brain injury verdicts and settlements for our clients. Our results have been reported in leading newspapers, television news programs and in legal periodicals. Our cases have been reported in the New York Times, New York Daily News, New York Post, Newsday, on the Associated Press wire services, on CBS news, NBC news, ABC news, Fox News and on radio stations, television networks, and newspapers throughout the country.

Your New York truck accident lawyer at DE CARO & KAPLEN, LLP will be MICHAEL V. KAPLEN and his partner SHANA DE CARO. They will personally represent you and fight for your rights. Because they believe that being called someone’s lawyer is something to be proud of and to take pride in, they will personally handle your case.

Call a New York based truck accident lawyer at De Caro & Kaplen, LLP for a free, no obligation consultation if you or a loved one has been injured in a truck accident. Toll free at 1 866 BRAIN LAW or email us at Michael@brainlaw.com