Similar to a car accident, truck crashes lead to serious injuries. Financial losses are big in these cases due to how expensive medical bills are. That, of course, setting aside non-economic damages.
The best way for victims of truck accidents to pursue compensation is to file a lawsuit against the at-fault driver for the crash. They deserve justice, and paying for their medical expenses is the least the liable party could do to give them that.
However, the other vehicle driver is not likely to give the victim all the money they are asking for in their truck/car accident claim right away. Hence, they need to prove they are at fault for what happened and win the case to get the compensation they need and deserve.
Likewise, victims looking for legal help can call the Law Office of Carl Maltese to schedule a free consultation. They can also help with explaining how to prove fault in a car accident in NY.
About the New York Comparative Negligence System
Before trying to prove fault in a truck crash, people need to first understand how the negligence system works in the state. New York follows a comparative fault one, which means the compensation the victim gets depends on how liable they were for what happened.
If, for example, a truck crash occurred because a drunk driver ignored a red light, people would think they are 100% liable for the accident at first glance. Well, they could be, but what if the victim was speeding?
In that case, even if the victim did have the right of way, a judge could determine they are at least 10% at fault for the crash. Therefore, any damages they get through a claim will be 10% lower.
All drivers have the duty of care to obey traffic signals and drive safely to protect other people and themselves. Any breach of that duty will increase their percentage of fault in the accident.
Other states follow a no-fault insurance system, for example. There, even if the other driver caused the crash and caused a serious injury, victims would need to contact their insurance company to get compensation.
Does It Work the Same in a Car Accident?
Since New York is not a no-fault state, it lets people make a fault-based claim. That applies to truck crashes, car accidents, and most motor vehicle problems that happen in the state.
In this kind of system, what lawyers often look for is to determine fault while showing their client wasn't liable at all for the incident. That, of course, if both parties don't get to an agreement before the trial.
Although their causes and consequences could be different, New York car accident lawyers are often qualified to address truck cases too. The similarities between both situations make negotiations with the insurance company or the other party easier to address.
Determining Fault in Truck/Car Accidents - What to Do
Determining fault in a truck or car accident is truly something challenging. Lawyers need to ensure they don't end up giving their clients part of the liability for the crash in the personal injury claim. Here's how to prove fault in a truck accident in NY:
Victims need to be honest about what they were doing when the accident happened for semi accident lawyers in Long Island to build a legal strategy with that in mind. When they get to the first case evaluation, both will discuss all those details.
If the victim followed all traffic regulations, then the case should go off smoothly. The only thing they need to do is find evidence of what the other party did.
Things change a bit in cases where the victim didn't follow those regulations completely. Here, lawyers must prove the other party involved in the crash mainly caused the accident. That ensures they will have a higher percentage of fault in the final claim.
Unlike states with a no-fault system, truck drivers can still get compensation if they are a bit liable for the accident.
Apart from proving liability, victims of a truck/car accident must show that the crash made them suffer the injuries they want to heal from. Likewise, they have to prove that future medical care to heal those health problems will be as expensive as they claim it to be.
Evidence is key here, so victims should focus most of the investigation on finding blatant proof of what they are claiming. Even if they can prove liability, the victim won't get as much money as they are asking for if property damage isn't actually as expensive as they stated in the personal injury lawsuit.
Process to File a Truck Accident Claim
The whole purpose of proving liability in a truck accident is to win a personal injury lawsuit. Even if the victim finds all the evidence they need to do it, they need to understand how to file the claim in the first place.
When an accident happens and victims go to a doctor, they need to call a lawyer as soon as possible. Attorneys will schedule a free consultation with them to discuss case details and determine if they will work on it.
If the victim hires them, they will start looking for evidence. Since people have time to file the claim, they might not do it right away. Lawyers need to first get enough proof of their client's version of the story to base their suit on it.
Once they have all the evidence they need to build a case, they can file a complaint to a local court. Then, a process server will send a copy of it to the defendant to let them know they are being sued.
Defendants in a truck accident case generally have between 20 and 30 days to respond to the claim. The specific time they have to answer depends on the specific court where the plaintiff files the lawsuit and how it serves them.
Truck accident cases don't automatically go to trial. People always have the opportunity to negotiate with the other party to avoid that. First, both parties go through the discovery phase, where they will exchange all the information they have on the case and make the depositions they need.
Once the discovery phase ends, mediation starts. Here, what the defendant and the plaintiff want is to get to a more affordable settlement that is still enough for the victim's injuries. People often try this when they are not that sure if they will win the trial or just want to get everything over with.
What Serves as Evidence Against the Liable Parties in a Truck Crash?
Although many things in the accident scene can work as evidence, people almost always end up using the same in most cases. Security footage is one of the best options to show another party caused an accident.
If the other driver, for example, ran past a red light in a truck/car accident case, the video will show the judge everything they need to know. However, victims should keep in mind that it will also prove what they did. They have nothing to worry about if they followed the traffic laws.
Witness statements, accident reconstructionists, and pictures could also work for these cases. If they didn't suffer any severe injuries, victims should talk to the people who saw the accident right after it happened.
Police reports are also useful. If the victim notices that the at-fault party was drunk driving, they can call the cops to run a test on them. The results of that test could determine the result of the case. People can also do this in distracted driving cases.
As for proving the accident caused the injuries and how expensive it is to recover from them, medical records and bills should do the job. Victims could also ask doctors to give expert statements in a trial.
Do People Need to Negotiate with the Insurance Company?
Whether it's a rear-end collision or any other kind of truck crash, accident victims don't always want to sue the other party. Although it could give them fair compensation for what happened, it's a long process that requires a strong legal team.
Before doing so, the injured party can try to ask the insurance company to cover the damages they went through. These companies often avoid covering big damages, but it's still an option.
If the insurance company doesn't offer decent compensation for the injured parties, they can go on and file a truck/car accident suit.
Wrapping Up - Get Help from the Law Office of Carl Maltese
Although truck accidents are dangerous and definitely a crushing moment for victims, lawyers are there to help them get justice for what they are going through. The Law Office of Carl Maltese is an excellent example of that. They also have insight on how to prove fault in a motorcycle accident in NY.
This law firm has been in business since 1966 and has recovered millions of dollars in compensatory damages for its clients. Is there any victim trying to recover compensation for medical bills or lost wages after a truck accident? They should call this firm today to schedule a free case evaluation.
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