Truck accidents are often devastating, with long-term effects that can change a person's life forever. In the wake of tragedy, injured parties can file a legal claim.
However, the process is often daunting for many. Fortunately, with the help of a reliable legal advocate, claimants can effectively navigate the complexities of personal injury law to obtain the compensation they rightly deserve.
This article will provide a step-by-step guide on how to file a lawsuit for truck accident damages.
Why Do Truck Accidents Result in Serious Injuries?
Because of the nature and design of commercial trucks, these accidents frequently result in significant casualties. First of all, when a large truck and a passenger car collide, the sheer size and weight difference might have disastrous results.
A fully loaded truck can weigh up to 80,000 pounds, while a typical passenger vehicle weighs only 4,000 pounds. Because of this, those in cars are much less likely to survive crashes involving trucks.
Furthermore, compared to passenger cars, trucks take longer to reach a complete standstill and require greater stopping distances, making it harder for truck drivers to avoid collisions, particularly in emergencies.
However, these are not the only reasons for accidents involving these large motor vehicles. The following factors can also result in collisions with trucks:
Speeding
Driver fatigue
Poor truck maintenance
Distracted driving
Inclement weather and poor visibility
To make matters worse, trucks carry cargo, which can move around and become unsteady while in transit. Hazardous materials can leak onto the road, causing secondary crashes.
In New York, trucking companies and drivers are held to high standards because of the risks these large vehicles pose to pedestrians, drivers, and passengers. This means that when people are injured because of the negligence or wrongdoing of one or more parties, they can file a legal claim for damages. For more information, a truck accident law firm in Long Island may be able to help.
Filing an Insurance Claim
When a person is injured in a trucking accident, they can file a claim with their own insurance company. This is generally the best option for those who have suffered minor injuries. State law stipulates that drivers must have personal injury protection (PIP) insurance coverage.
No matter who caused the crash, this kind of coverage will reimburse a portion of the injured party's medical expenses and other damages related to the injury. However, claimants must remember that insurance will only cover a maximum of $10,000 in lost income and 80 percent of healthcare costs.
They typically have 30 days from the date the accident occurred to file an insurance claim.
While this is a good option for those who suffered minor injuries, the reality is that few accidents involving large trucks result in such good outcomes. In such cases, long-term therapy and medical treatment are often needed.
Those who believe that they may have grounds for a lawsuit should contact our team of New York truck accident lawyers for advice and guidance on the best way forward and for assistance on how to file a lawsuit for car accident in New York.
Proving Negligence in Truck Accident Cases
In truck accident lawsuits, the burden of proof falls on the claimant. He or she will need to demonstrate that the truck driver, the trucking company, or any other party did not take reasonable precautions, which contributed to the collision and the injuries that followed.
Establishing negligence may require the use of evidence such as witness accounts, crash reconstruction reports, surveillance videos, and more. In order to demonstrate negligence, experts in the trucking industry or accident reconstruction may be called upon to assess the circumstances surrounding the crash and point out any deviations from accepted safety procedures.
A knowledgeable attorney with experience in truck accident cases can assist in obtaining and presenting the proof required to back up a personal injury claim.
There are four elements that plaintiffs must prove in order to win a personal injury case. They are as follows:
Duty of care. The first thing that must be established is that the person or company in question had a responsibility to act in a way that any other reasonable person in the same situation would behave. This is generally easy to prove in such claims, as every motorist has a duty of care toward other vehicles on the road.
Breach of duty. In addition, the injured party will need to demonstrate that the defendant failed to uphold that duty of care. They can do so by submitting proof of negligence in the form of surveillance footage, photographs, speeding tickets, and more.
Causation. The next element involves proving that the at-fault party's negligence was the reason for the accident.
Damages. Finally, the plaintiff will need to prove that he or she suffered real damages or losses as a direct result of the truck crash.
The truth is that New York truck accidents are often complex, involving multiple parties. This is why it's crucial that injured parties seek restitution through the help of a seasoned attorney. The Law Offices of Carl Maltese is here to help! Victims can contact us for reliable legal representation.
What Damages Can Victims Claim?
A number of monetary losses occur as a result of truck accidents. Medical bills begin to accumulate, while the victim is left without the ability to work. This is why the state allows injured parties to claim the following from the negligent person or company:
Medical expenses (both past and future)
Lost wages (past and future)
Pain and suffering
Mental anguish
Property damage
An experienced New York truck accident lawyer can help victims calculate the amount they can claim in a truck accident lawsuit. They can consult on how to file a lawsuit for motorcycle accident in New York as well.
How to File a Truck Accident Claim in New York
Here is a step-by-step guide on how victims can obtain compensation for their truck accident injuries:
Gather Evidence
The first step in the process is for claimants to gather as much evidence as possible. This includes medical bills, proof that they have had to take time off work, photographs from the scene of the accident, witness accounts, and more. The more proof an injured person presents, the better their chances of winning the lawsuit.
Consult an Experienced Truck Accident Attorney
Personal injury lawyers play a critical role in truck accident cases. They will provide crucial legal guidance, helping victims understand their rights and how the legal system works. A legal advocate will also spend much time investigating the case to ensure that the victim has a fighting chance at securing the maximum compensation.
File the Claim
The attorney will then prepare the necessary paperwork and file a legal claim for damages. He or she will also handle any communication with the other party, ensuring that the injured victim is able to focus on their recovery.
Settlement Negotiations
Both parties will then meet to try to reach an agreement. This is often the final step for most truck accident cases. The claimant's attorney will conduct the negotiations, attempting to reach an amicable settlement while ensuring that their client's rights are protected.
Taking the Matter to Court
However, in some instances, the parties involved cannot reach an agreement, and a personal injury lawsuit is filed in court. The victim's advocate will represent them in court, presenting crucial evidence to back up their legal claim and improve the chances of a favorable verdict.
The outcome of the case will be decided by a judge or jury.
Why Claimants Need an Experienced Personal Injury Lawyer on Their Side
For victims of truck accidents in New York, contacting a legal professional is a crucial step. Victims may manage the claim on their own, but if they do something wrong, it can hinder their chances of getting compensation from the negligent party.
In order to maintain their profitability, insurance companies make every effort to reduce the amount of money they are required to give victims of truck accidents. Expert legal representation for truck accidents in New York can mean the difference between winning and losing a case.
An experienced lawyer will fight for the rights of their client, taking the case to court if the need arises and conducting their own investigations to ensure that no stone is left unturned in the pursuit of justice.
Truck Accident Victims Can Turn to The Law Office of Carl Maltese
The reality is that truck accidents often result in serious injuries. When a person is injured in a collision involving an 18-wheeler, they can file a lawsuit to pursue compensation. However, to ensure that the maximum settlement is acquired, it's important that claimants partner with a reputable team of truck accident lawyers.
The Law Office of Carl Maltese has been fighting for personal injury victims for many years now and will do whatever it takes to secure a favorable outcome. Our team has a long track record of success and is ready to tackle any case, no matter how complex.
To learn more or schedule a FREE consultation to discuss the specifics of their truck accident case, victims can call us.
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