Accidents involving trucks are devastating. These accidents result in severe injuries and extensive property damage. Trucks carrying cargo can weigh up to eighty thousand pounds, while an average passenger car weighs around four to five thousand pounds. Drivers require extensive training and a commercial driving license to operate a truck.
When a truck causes an accident, the trucking company will usually assume liability for subsequent losses and costs. Even when a collision results from a truck driver’s negligence, the trucking company is liable to the victims if the accident occurred in the course and scope of the driver’s duties. Having a knowledgeable New York truck accident lawyer by your side is crucial in pursuing fair and just compensation in truck accident cases.
Several factors set truck and car accidents apart. These include:
Insurance Premiums And Coverages
Most car accidents involve the at-fault driver and the victim. Multiple parties could be at fault for a truck accident. Each party may have a different insurance company. Liable parties in trucking accidents may include:
- The truck driver
- The trucking company
- The truck manufacturer
- The freight company that loads the cargo
- The company responsible for truck maintenance
- The spare part manufacturing company
- The government entity that is responsible for maintaining roads
The Code Of Federal Regulations requires trucking companies to carry at least $750,000 in insurance and surety bonds.
New York state laws also require trucking companies to carry the following coverages:
Personal injury protection (PIP)
This coverage helps pay for medical costs, death benefits, and economic losses for truck drivers, their passengers, or a pedestrian hit by the truck, up to the policy’s limits after an accident, no matter who was at fault
Uninsured motorists coverage
This policy may help pay accident-related medical bills for truck drivers and their passengers if they are in an accident with an uninsured driver or are in a hit-and-run accident
However, none of New York’s required coverages pay for damage to an at-fault driver’s truck, equipment, trailer, or cargo.
After a truck wreck in New York, victims can file personal injury claims to seek compensation from the trucking company’s insurers.
Multiple liable parties and higher policy and coverage limits in a truck accident can help accident victims recover a substantial payout.
An experienced New York truck accident lawyer can review your insurance policy and explain how federal and state truck insurance rules apply to your case.
The Severity Of Injuries
Truck accidents result in more severe and catastrophic injuries, higher medical bills, and lost wages. In some truck accidents, victims are unable to return to work and require long-term medical care and extensive rehabilitation.
Some common truck accident injuries include:
- Skull fractures and traumatic brain injuries
- Spinal cord injury
- Paralysis
- Amputations
Disfigurement and disability
- Severe burn injuries
- Loss of hearing
- Blindness
- Internal organ damage
Investigations
The Federal Motor Carrier Safety Administration (FMCSA), an entity within the U.S. Department of Transportation governs the trucking industry in the country.
Truck accidents can result in multiple investigations. Besides the NYPD filing a police report, the trucking company and the FMCSA may also carry out investigations. Various compliance requirements can influence the investigation process and impact liability determination.
Accomplished truck accident lawyers may enlist the services of accident reconstructionists and investigators to establish the cause of an accident.
The evidence that a seasoned attorney will gather and review to prove fault includes:
- Hours of service logs
- The police report
- Medical records and reports
- The truck’s electronic data
- The truck driver’s drug and alcohol test results
- Eyewitness statements
- The driver’s call records
- The truck’s maintenance records
- Expert witness testimonies
A New York personal injury lawyer specializing in truck accident cases possesses the essential skills and resources to gather and analyze compelling evidence effectively.
Settlements And Verdicts
The most noticeable distinction between a car accident claim and a truck accident claim is the extent of damages a victim can seek. Damages in truck accident claims are often significant because injuries tend to severely impact a victim’s life. While valuing damages, your lawyer will consider expenses for past, ongoing, and future care, modifications to your home and vehicle, and the costs of essential medical equipment.
The families and loved ones of truck accident victims can also recover damages as they will have to make lifelong sacrifices to care for them.A significant portion of the compensation may include damages for emotional anguish, mental anguish, pain and suffering, and loss of enjoyment of life. Because of the severity of truck accident injuries, truck accident cases can lead to prolonged legal battles and larger settlements or verdicts.
Insurance companies try to delay or minimize the value of the claim. In many instances, insurance companies may dispute claims and take cases to court rather than offer high settlements. An experienced truck accident lawyer will protect a victim’s best interest and negotiate further to resolve the case fairly rather than accept a low offer in haste.
Contact A New York Truck Accident Lawyer
If you or your loved ones have suffered injuries in a truck accident due to a truck driver’s or someone else’s negligence anywhere in New York, a specialized truck accident lawyer can guide you through the intricate legal process, protect your rights, and work tirelessly to accomplish the best possible result for your case.
Contact a New York truck accident lawyer immediately to schedule a free case review.