New York Truck Accident Lawyer
New York Truck Accident Lawyer
In terms of severity and injury risk, truck accidents are some of the most catastrophic – oftentimes leading to multiple fatalities, severe injuries, and extensive property damage. Victims may be eligible to recover compensation by filing a claim or lawsuit. Truck accident cases can be even more complicated typical vehicle accident cases, but you do not have to go through it alone. Contact a New York truck accident lawyer to help you recover the compensation you deserve.
New York Truck Accident Attorney With Proven Track Record of Success
Not only are truck accidents more severe than the average auto accident, the liability issues that arise can become particularly complex. Namely, a truck driver – as opposed to a regular motorist – is technically “on the job” when operating the 18-wheeler. The employer may be liable for any accidents that occur under the concept of “vicarious liability.”
Vicarious liability assigns liability to an employer for the actions of his or her employee. In other words, an employer may face liability for the negligence of an employee, regardless of whether the employer engaged in any wrongdoing.
In addition, if the cause of the accident was a mechanical error, a victim may be able to hold a manufacturer or mechanic liable for any injuries.
In addition to the complex procedural issues at work in a truck accident case, gathering evidence may also prove daunting. A lot of the information, aside from the police report, will most likely be in the hands of the trucking company, and it can destroy most of the evidence after several months. To ensure the trucking company preserves all evidence in your case, a New York truck accident attorney can send a spoliation letter that legally requires the company to preserve the evidence.
Evidence you may need includes:
- Photos of the accident
- The driver’s hours of service logs
- The driver’s personnel file
- The company’s rules and regulations
- Post-accident drug and alcohol test results
- Data from the truck’s electronic data recorder (i.e., black box)
Contact a Primerus New York Truck Accident Lawyer
Because New York is a no-fault state, accident victims must first file a claim with their own insurance. If the injuries are serious enough – which according to New York Insurance Law § 5104(a),(b), includes death, dismemberment, miscarriage, fracture, permanent loss of function, etc. – victims may be eligible to file a lawsuit. Victims can also file a lawsuit if damages exceed the $50,000 in personal injury protection (PIP) on his or her policy. Primerus recommends working with an experienced New York truck accident lawyer after any trucking accident.
In the lawsuit, the plaintiff must prove that the truck driver (or other liable party) had a duty to behave responsibly, breached that duty, and the breach led to injuries and damages.
The victim may be entitled to damages such as medical bills (current and future), lost wages (current and future), pain and suffering, and other reasonable costs associated with the injury.
If the insurer offers the victim a fair settlement and the victim accepts, the case is over. However, if the insurer refuses to offer a fair settlement, the victim can file a lawsuit with a New York court. Negotiations may continue, though if the insurer still refuses to offer a fair settlement, the case may head to trial.
Speak with an Experienced New York Truck Accident Attorney
Truck accidents are some of the most severe collisions that can occur on the roadway. If you would like to discuss your options under New York’s personal injury and insurance laws, contact a New York truck accident attorney to determine if you have a claim.