Semi-truck accidents can cause severe injuries, long-term disability, and fatalities. You can file a case against the negligent party to recover compensation. You may think a semi-truck accident case is similar to one involving passenger cars.
However, semi-truck accident cases are more complicated. They may involve multiple defendants. Also, federal and state law may come into play, further complicating the case. If you’re the victim of a semi-truck accident in NY, it’s important to know what to expect. Read on to find out more about semi-truck accidents in New York.
Proving Liability in a Semi-Truck Accident Case
Proving liability is necessary to recover compensation after a semi-truck accident. It entails showing that the defendant or defendants acted negligently.
Establishing liability in a semi-truck accident case can be difficult because multiple parties may be at fault. A lawyer can help you throughout the process. Some of the potential defendants in a semi-truck accident case in NY include:
The Driver
Most semi-truck accidents happen because of driver error. An example is tired driving. It slows down the driver’s reaction time, increasing the odds of a crash. An estimated 100,000 accidents happen annually because of drowsy driving, resulting in about 800 deaths and 50,000 injuries.
Distracted driving is a form of negligence by the truck driver. It involves doing anything that takes the driver’s attention away from driving. Distractions can be visual, manual, or cognitive.
Speeding is a common cause of semi-truck accidents. It increases the chance of the driver losing control of the truck. In case of an accident, a speeding semi-truck will cause severe harm because of the high force of impact.
The Trucking Company
Even though a driver directly caused your accident, the trucking company could still be liable. The employer may be liable if they do the following:
- Place a tired semi-truck driver behind the wheel
- Have poor hiring practices (e.g., hiring a driver with no commercial driving license)
- Failing to maintain the truck properly
The Truck Manufacturer
A semi-truck accident may happen because of a faulty part, making the truck manufacturer liable. A lawyer can help you file a product liability claim against the manufacturer.
Evidence in a New York Semi-Truck Accident Case
A semi-truck accident lawyer in NY can collect evidence to help you prove liability. Evidence may include the police accident report. The report will have witness statements and the police’s determination on who is at fault for the crash.
Photos of the accident scene and traffic camera footage can also be helpful. They can help back up your claims. Other types of evidence include the truck’s electronic logs and expert witness testimony.
Comparative Negligence in New York
Sometimes, the plaintiff may contribute to a semi-truck accident case. Under New York’s comparative negligence law, that doesn’t bar them from financial recovery. Instead, the court will reduce your compensation by your percentage of fault.
Say, for example, you’re entitled to $20,000 in compensation. However, you were 20% at fault for the semi-truck accident. Instead of receiving the full amount, you’ll get 80% which is $16,000.
Recoverable Damages in a New York Semi-Truck Accident Case
After a semi-truck accident in NY, you can recover damages for all your losses. Some losses fall under the category of economic damages. They include medical costs, lost income, and property loss.
Other losses are part of non-economic damages, including:
- Pain and suffering
- Permanent disability
- Reduced quality of life
- Emotional distress
- Scarring and disfigurement
Your lawyer can evaluate your case to determine which damages you qualify for.
Negotiating a Settlement
The defendant’s insurer may approach you soon after the accident with a settlement offer. Be wary of such offers since they may be an attempt to lowball you.
If you accept a low offer, the money may not be enough to cater to all your expenses. Thus, you’ll have to pay for some things out of pocket. A semi-truck accident lawyer in NY can help you negotiate with the insurer for a fair settlement.
The Statute of Limitations in New York
The case may go to court if both parties can’t reach a settlement agreement. Your lawyer can help you file a semi-truck accident lawsuit.
The statute of limitations is a deadline for filing a suit. In New York, the deadline is three years from the date of the crash. Failure to abide by the deadline may lead to a case dismissal.
Talk to a Semi-Truck Accident Lawyer in New York Today
Unlike passenger car crashes, semi-truck accidents can be pretty severe. Victims may sustain a traumatic brain injury, spinal cord injury, or even lose a limb. If you were in a semi-truck accident in NY, you deserve compensation for all your losses.
Are you considering talking to an attorney about an injury you or a loved one sustained in a truck accident? At Brandon J Broderick, Attorney at Law, we believe in compassion and empathy and want to help. Contact us today for a free consultation. With our proven track record of success, we can get you the justice you deserve.