Trucks are a normal part of traffic on major highways in and around Queens. Most of us probably drive alongside these enormous vehicles without much of a second thought. However, collisions involving trucks can be severe, even deadly, and injured victims deserve fair financial compensation.
You may have several options for obtaining financial compensation, which your attorney should help you review. Many injured drivers pursue insurance claims to cover their damages, while others take matters to court. If you pursue a lawsuit, you may include the negligent trucker, their employer, and possibly others in the case. To get started, we need evidence. Trucking logs and records, witness testimony, and other details about the accident may all be entered into evidence. Injuries in truck crashes tend to be severe, and your damages may be quite substantial.
For a private, free claims assessment, call our truck accident lawyers at The Carrion Law Firm at (718) 841-0083.
How to Get Compensation After a Truck Accident in Glendale
A place like Queens, with nearly constant traffic and a myriad of trucks on the road, undoubtedly sees its fair share of accidents. If you are hurt in an accident, you may have multiple options for getting fair compensation.
Truck accidents are usually treated like any other auto accident for insurance purposes. In New York, drivers typically must file no-fault claims with their personal injury protection (PIP) under I.S.C. Law § 5104(a).
Generally, injured drivers may only file personal injury lawsuits against other drivers, including negligent truckers, if they have a “serious injury” as described under § 5102(d).
A serious injury must include fractures, death, loss of a fetus, dismemberment, the permanent loss or limitation of bodily systems, or a temporary injury that stops you from performing ordinary daily tasks necessary to live for at least 90 days.
Truck accidents are often harsh, so victims often have serious injuries and can file personal injury lawsuits. This is often a good idea, as damages in truck accident cases may exceed insurance policy limits, and a lawsuit might be the best way to get the full extent of your damages covered.
Who May Be Held Liable for Truck Accidents
One or several people or parties may be held liable for a truck accident in Queens. While we should await the results of any pending investigations before we decide who to include in the case, below are some common defendants to consider with your attorney.
Negligent Truck Drivers
Negligent truck drivers are often the direct cause of crashes and collisions. Often, the authorities presume that truck drivers did something negligent to cause the crash, but our truck accident lawyers must have some evidence to prove it.
Common examples of trucker negligence include distractions behind the wheel (e.g., cell phones, GPS devices), fatigued driving, and speeding.
Distracted driving is at an all-time high with the presence of cell phones and other communication devices. Truckers have a particularly difficult time staying awake on the road, as they often drive for extended periods at a time. While speeding is common in many accidents, it can be downright deadly in truck accidents.
Truck Companies
If a negligent trucker causes an accident, they and their employer may both be held responsible. Under the legal principle known as respondeat superior, if an employee negligent causes injuries while performing ordinary duties of their job, their employer may be held vicariously liable.
We may need to talk to the truck driver to determine who they work for. Often, including trucking companies in injury cases is important, as they have greater financial resources to cover your damages.
Others
Still, other people might bear some responsibility for the crash. Another driver on the road might have cut off the trucker, leading them to swerve and crash. Perhaps the truck had defective brakes, and when the trucker tried to slow down, they were unable to stop.
Anything is possible. We must thoroughly go over the results of law enforcement’s investigation to determine if anyone other than the trucker and their employer should be included in the case.
Evidence We Need for Your Truck Accident Case in Glendale
Finding evidence to support your claims may be challenging, especially in a place like Queens, where the crash site will be cleared away quickly.
We can begin our search for evidence by reviewing trucking company logs and records. Truckers often must log certain details about their trips, including when they leave, stop to rest, and other details. Truck company records may also inform us about how the truck was loaded and whether safety procedures were implemented and followed.
Many large trucks today are equipped with black box recording devices that automatically record data about the trucker’s driving. Rates of speed, when the driver brakes, and similar information may all be recorded, which can help us determine what went wrong.
Available Damages in Truck Collision Cases
Injuries and damages in truck accident cases are often severe, and your case may warrant substantial financial compensation.
Medical Expenses
Your injuries may be extremely harsh. People who survive truck accidents often live with painful injuries and medical complications for a long time. As such, your medical bills may be quite high, and you should claim them as part of your damages.
Property Damage
Many truck accident victims were driving their own vehicles when the crash occurred, and they might be dealing with extensive repairs or a total vehicle replacement. This is often a huge expense, not to mention the numerous personal items inside your vehicle that might have been destroyed.
Be sure to keep track of property expenses, no matter how small, as they may add up to significant compensation.
Distress and Pain
Truck accidents are extremely frightening. Even if you were not severely physically injured, you might have been deeply traumatized. Psychological injuries can be hard to measure and are somewhat subjective, but they still deserve compensation like any other injury. You may also claim damages for the physical pain you endured, which might be excruciating.
Contact Our Glendale Truck Accident Attorneys to Start Your Case
For a private, free claims assessment, call our truck accident lawyers at The Carrion Law Firm at (718) 841-0083.
