Truck accident victims often suffer serious injuries due to the collision impact. Semi-trucks, tractor-trailers, commercial trucks -- all carry enormous amounts of weight and are far larger than a vehicle. Crashes can result in devastating injuries, resulting in large medical bills and extended time away from working.
Additionally, it can be challenging to work through determining liability in the accident, due to the number of different parties involved. For those reasons, it can be challenging to give an average truck settlement amount for a claim in New York. The complexity of a truck accident is one of the key reasons to consult with an experienced New York truck accident attorney to understand your case and your options. The amount of any settlement will depend on the specific facts and circumstances, including the extent of a victim’s physical, emotional and financial harm and available insurance coverage. An attorney who specializes in truck accident cases will know how to gather and analyze evidence and calculate potential damages in your case.
Factors in Determining the Value of a Trucking Accident Settlement
A trucking accident case is a form of personal injury which generally means that to file a claim and collect compensation, you must prove that another party was negligent. Negligence occurs when someone fails in their duty to their property (i.e. a truck) maintained and free of hazards. Or, when someone fails in their duty to act with reasonable care on the roads and follow traffic laws. Because of the accident, the victim then suffers a loss. That loss may be economic, like medical bills and lost wages. Or it may be non-economic losses that occur when a victim suffers from PTSD after a crash. Nevertheless, without negligence and proof of negligence, there is no case.
In determining the value of a truck accident settlement, there are several factors that insurance companies and attorneys will review:
Severity of the injuries – The more serious and potentially life-altering an injury is, the higher the amount of the award compensation. If you suffer a traumatic brain injury, serious burn or other injury that requires intense medical and rehabilitative care, you deserve compensation to cover the full extent of the injury.
Medical costs – In most cases, insurance companies use the cost of medical care as a key indicator of the case value. However, it is certainly not the only factor.
Lost income – Another huge factor in awarding compensation is the loss of wages and earnings. A higher-earning person or someone who is the breadwinner for their family but cannot work for weeks or months after a crash will likely have a solid claim for lost wages.
Pain and suffering – Pain and suffering refers to the physical and/or emotional stress associated with an accident and the injuries caused by it. The amount of compensation you can receive for pain and suffering typically depends on the severity of your injury.
Loss of enjoyment – If you can no longer do things that once gave you enjoyment before the accident, like playing a sport or a musical instrument, you could receive compensation for your ‘loss of enjoyment.’
Determining Liability in Truck Accidents
Truck accident claims may involve more than one liable party and determining what part(ies) are liable for your claim is essential. In some cases, the driver could be negligent in their actions but those negligent actions may have been influenced by company policies or lack thereof. For instance, driver fatigue is a common cause of truck crashes; however, the trucking company could be found liable if they weren’t following safety guidelines and/or maintaining proper policies. You may even have to file more than one claim if more than one company is responsible for different parts of the truck. For example, the tractor might be owned and insured by one company or owner/operation, while the trailer might be owned and insured by another company. Liability in a truck accident can be complex and is one of the key reasons to consult with an experienced truck accident attorney to understand your case and your options.
Our Legal Team Can Build a Case for You
If you were harmed in a New York truck accident and believe the driver should be held liable for his or her reckless, careless, or otherwise negligent actions, we urge you to contact our New York truck accident attorney at Brandon J. Broderick, Attorney at Law today.
We can examine your case and gather evidence to fight for your rights and pursue maximum monetary compensation for you. We are highly skilled and experienced in this area, we understand what factors must be examined and what forms of evidence must be provided in order to get the justice and compensation you deserve.
With offices across New York state, New Jersey and Connecticut, we have you covered. Contact us today for a free consultation.