Trucks are often the vehicle of choice for transporting goods from one place to another. Because of their size, weight, and design, these large motor vehicles are often involved in catastrophic crashes. They can leave victims with serious injuries, property damage, and more, which is why it's important to understand who is liable in the wake of these events.
When faced with uncertainty, the good news is that injured parties can turn to an experienced truck accident attorney from The Law Office of Carl Maltese for assistance. We will provide expert legal advice and representation, ensuring that the correct person or company is held liable.
In this article, we will offer insight into possible liable parties in a car accident involving a truck.
Why Taking Legal Action Is Important
The truth is that truck accidents are often devastating. That's because large trucks are incredibly heavy, resulting in a much greater force of impact than other vehicles. This increases the chances of a victim suffering a more serious injury.
A more devastating crash also results in more property damage than common car accidents, leaving injured parties with few options. To cover their medical expenses, lost wages, and vehicle repairs, victims must file a truck accident lawsuit.
Moreover, holding the responsible person or company liable for their actions can prevent the same thing from happening to someone else, ensuring safe roads for everyone.
Who Pays for a Truck Accident in NY?
In cases involving negligence, determining who fits the bill is more than just obtaining coverage from one's own insurance company. However, to answer this question, it's important to first look at the auto insurance requirements placed on drivers in the state of New York.
The truth is that the majority of states in the U.S. use an at-fault system. This means that when a person is injured in a motor vehicle accident, the at-fault party's liability insurance will cover the associated costs. The injured party would file an insurance claim with the other driver's insurance carrier to obtain payment for their medical bills and other costs.
In New York and other no-fault states, however, the process is different. Before they may register vehicles, residents must purchase plans that include Personal Injury Protection (PIP) insurance. This will offer coverage for medical expenses, lost wages, and more, up to the policy's limit.
It's important to mention here that since the claim is made through the victim's own insurance company, they will not have to prove liability. Moreover, in some cases, the injured party's health insurance may cover a portion of their medical expenses that are not covered by their PIP policy.
The reality is that most PIP insurance plans offer coverage of up to $50,000, which is sufficient for the damages suffered in minor accidents. However, many truck accident cases are catastrophic, resulting in permanent disability, injuries that require long-term care, and more.
In such instances, the best course of action to obtain the maximum compensation is to file a personal injury lawsuit with the help of a talented team of NY truck accident attorneys. They can also explain who pays for a car accident in NY.
Understanding New York Law
It's important for claimants to understand the laws in play. The section below will take a deeper dive into a few relevant regulations.
Victims Must Have Suffered a Serious Injury
According to I.S.C. Law § 5102(d), in order for a victim to file a legal claim against an at-fault driver, they have to have suffered a serious injury. As defined by this law, the following is considered an injury eligible for a personal injury claim:
The loss of a pregnancy,
Disfigurement,
Temporary injuries that would prevent the victim from performing everyday tasks,
The permanent loss of use of a body function,
Broken bones, and
Death.
The Statute of Limitations
Victims have three years in which to file a legal claim for damages, in accordance with N.Y. C.P.L.R. § 214(4). However, it's important for victims to contact a personal injury attorney as soon as possible to begin the process.
This ensures that crucial information is not forgotten and that witnesses can be contacted for statements. It also allows the lawyer to obtain other crucial pieces of evidence, such as surveillance footage, that can be used to prove liability.
If the injured party fails to take legal action within this three-year period, they forfeit their right to compensation.
A Reliable Advocate Can Help Claimants Understand the Law
Navigating the legal landscape can be challenging, especially for those who have no knowledge of the law. This is why it is important for claimants to have a trusted, experienced truck accident attorney on their side who can provide the guidance they need. Fortunately, The Law Office of Carl Maltese is here to ensure that victims' rights are upheld.
Identifying Liable Parties
The first step in any truck accident case is identifying the responsible party or parties. It's impossible to file a legal claim if it's unclear who is to blame.
A reliable personal injury lawyer will conduct a comprehensive investigation of the accident to identify the party or parties that were responsible for causing the collision. They are also able to advise on who pays for a motorcycle accident in NY. The following people or companies could be liable in a truck accident case:
Manufacturers. In cases where a vehicle malfunction led to a crash, the vehicle or part manufacturer could be held liable in a legal claim.
Trucking companies. The sad reality is that these businesses often place unrealistic expectations on drivers, which can cause them to drive without getting enough sleep. These companies could also be liable if they fail to maintain their vehicles.
Drivers. Truck drivers are often responsible for causing collisions. If they ignore the rules of the road, speed, fail to yield the right of way, or use their cellphones while operating a motor vehicle, for example, they could be forced to cover the injured party's damages.
Third parties. Maintenance companies, cargo loaders, and other drivers could also be to blame.
More than one party could be held liable following a car accident involving a truck. This is why it is crucial for claimants to enlist the help of an experienced truck accident lawyer.
Damages That Victims Can Claim in a Truck Accident Case
Truck and car accident injuries can be devastating, changing the course of the victim's life. The good news is that claimants can obtain both economic and non-economic damages in a personal injury case involving a truck. These losses are summarized in the section below.
Past and future medical expenses
Property damage
Pain and suffering
Mental anguish
Loss of enjoyment of life
Past and future lost wages
What Is a Car Accident Claim Involving a Truck Worth?
This is a tricky one because every case is different, with its own unique facts and details. It's important to remember that what may apply in one case may be irrelevant in another. Take punitive damages, for example. If a truck driver breaks the law and causes an accident, he or she may have to pay the victim what is known as punitive damages.
This means that the at-fault party will face a financial penalty (possibly in addition to criminal charges) for their actions. However, in most cases, this additional compensation will not apply.
Moreover, the claimant's ability to prove damages also determines how much they are awarded. If a particular expense cannot be verified, for example, the claimant may not receive this amount.
Then, there are non-economic losses. These damages are typically awarded for pain and suffering, loss of quality of life, mental anguish, and more. Some people have a harder time dealing with trauma than others, raising their non-economic damages.
Because there are so many different factors in play, it's best for claimants to get in touch with a legal advisor for a more accurate estimate of the amount they can expect.
Taking on a Major Trucking Company Can Be Intimidating
Major trucking companies often face legal battles all the time, which is why they have strong legal teams on their side to help ensure a favorable outcome. Many victims are often intimidated by their impressive legal force, which is why they shy away from personal injury lawsuits.
However, this doesn't have to be the case.
When claimants partner with a truck accident attorney in Long Island, they can stand their ground and win their case, regardless of the legal support the opposition has. At The Law Office of Carl Maltese, we are not intimidated by major trucking companies and will stop at nothing to ensure that justice prevails.
Our Law Firm Is Here to Help
We understand that when faced with serious injuries, taking legal action might be the last thing on a victim's mind. However, given the often serious nature of these accidents, filing a personal injury lawsuit becomes a necessity.
Our team of advocates will ensure that no stone is left unturned in the pursuit of justice. We have an excellent track record and are committed to providing our clients with world-class legal services.
Truck accident victims are encouraged to get in touch with us to discuss the details of their case at a free consultation.
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