Elmont, NY Truck Accident Lawyer
Truck accidents can leave victims severely injured with almost insurmountable costs and damages. If you were injured in a truck collision, the trucker, their employer, and possibly others may be held responsible. Proving who caused the accident might be difficult, and you should speak to an experienced attorney about your situation.
To start your truck accident case, talk to an attorney about your insurance options. In New York, drivers must carry no-fault insurance that covers them no matter who is at fault for the accident, including truck accidents. If insurance does not fully cover your injuries, or it is unavailable, you may file an injury case only if you have a “serious injury” as defined by law. Damages in your claim should include economic damages provable by receipts and records of costs and non-economic damages that are more subjective. Proving your claims for damages requires strong evidence. Photos of the crash, records of your injuries, testimony from witnesses, and possibly more should all be gathered. If you have trouble starting your case, speak to a lawyer right away.
Get a free, private case evaluation from our truck accident attorneys at The Carrion Law Firm by calling (631) 910-7493.
How to Begin a Truck Accident Case in Elmont, NY
Starting a truck accident case is not as simple as meeting with a lawyer and filing some paperwork with the court. First, our truck accident attorneys must make sure you have the proper legal standing to sue. Generally, when someone is injured in an accident, they may take legal action against the person responsible, but vehicle accidents are different. Insurance laws in New York might restrict your right to sue.
According to I.S.C. Law § 5104(a), drivers in New York must carry no-fault insurance called personal injury protection (PIP) insurance. Typically, injured drivers must file claims with their no-fault coverage, which can help them regardless of who caused the accident. If insurance is insufficient, you may file a lawsuit against the negligent driver only if you have a “serious injury.”
A serious injury is defined under § 5102(d). It includes various serious or permanent injuries such as death, loss of a fetus, fractures, dismemberment, significant disfigurement, loss of a fetus, and permanent loss or limitation of body parts, systems, organs, or functions. If your injuries do not include those mentioned here, you might also sue if you have a medically determined, non-permanent injury that prevents you from performing normal daily chores of living for no less than 90 days out of the 180 days after the truck accident.
If you have a serious injury, you may sue the trucker and their employer for the accident. Otherwise, you might be limited to insurance.
Damages Available in Truck Accident Cases in Elmont, NY
Truck accident claims often involve significant damages, as plaintiffs tend to experience severe injuries and high costs. Additionally, these kinds of accidents are often serious and frightening, leading to substantial claims for non-economic damages like physical pain and emotional suffering.
Economic damages involve losses and injuries that may be proven with records of financial costs. Receipts, bills, invoices, and other documentation of your expenses are crucial to claims for economic damages. Your injuries likely needed medical care, and your hospital bills should be included among your economic damages claims. If you require extensive or long-term care, your bills might be extremely high, and it is imperative that they are included.
Other economic damages might include the loss of income or wages from being too injured to return to work. Many accident survivors need a few weeks to recover. Some might need a few months or longer. Others might never be able to return to full-time employment. Go over your income with your lawyer so they can help you calculate how much income you have lost since becoming injured and might continue to lose moving forward.
Non-economic damages are more subjective and typically unrelated to money, meaning there is often no proof of costs or expenses to support your claims. Instead, these damages are based more on how they have negatively affected your overall life and well-being. Non-economic damages may include mental anguish, physical pain, psychological trauma, humiliation, damage to your reputation, and other painful experiences.
How to Prove Your Claims in an Elmont, NY Truck Accident Case
In any civil case, a plaintiff needs evidence supporting their claims in order to be awarded damages. Exactly what evidence we need and where we find it will vary based on the specific circumstances of your case. While evidence is often unique in each case, some evidence is common across multiple cases and may be worth looking into sooner rather than later.
First, we should try to obtain photos or videos from the accident scene, if any exist. For example, vehicle accidents often involve a lot of photos because drivers usually take pictures of the crash and their injuries to send to insurance companies. Additionally, security cameras, traffic cameras, and dashcams are everywhere nowadays, and there is a possibility that video footage of the truck accident exists somewhere. We must find it quickly before it can be erased or deleted.
Next, truck company records and black box data can also be extremely helpful. Truckers are often required to log details about their driving, such as when they begin, when they stop to rest, and other information. Trucks often come equipped with black box data recorders similar to the ones you might find on airplanes. Data about driving time, speed, braking, and other details may be recorded and used to prove how the trucker caused the collision.
Truck accidents are rarely small incidents. Many drivers, passengers, and pedestrians might be injured in the accident or bear witness to it. These witnesses may testify in court about what they observed. Some witnesses might be able to back up your claims that the trucker was speeding or driving recklessly. The more witnesses we have, the better.
Speak to Our Elmont, NY Truck Accident Attorneys About Your Case
Get a free, private case evaluation from our truck accident attorneys at The Carrion Law Firm by calling (631) 910-7493.