The consequences of truck accidents are seemingly never-ending for victims, who might face costly medical treatments for months or years as they recover. To mitigate the financial consequences of another party’s negligence, victims can file lawsuits.
Before leaving the accident site, take pictures of the area, your injuries, and visible property damage. Let paramedics provide onsite medical care and transport you to the hospital for further treatment. Soon after, we can contact and interview eyewitnesses to preserve their recollections and investigate other evidence sources, like dashboard cameras in commercial trucks, which may be necessary to meet the standard of proof and recover compensatory damages from a negligent driver or their employer. Compensatory damages cover financial and intangible losses to victims, while punitive damages are reserved only for injuries due to gross negligence in New York.
For a free case assessment from The Carrion Law Firm’s truck accident lawyers, call (718) 841-0083 today.
How to Preserve and Collect Evidence for Truck Accident Claims in Corona
Evidence preservation and collection after truck accidents is crucial; otherwise, victims might not have enough proof to establish liability. Immediately after a crash occurs, victims can use their phones to take pictures of the surrounding area, including detailed photos of property damage or injuries. In the days and weeks that follow, our lawyers can identify eyewitnesses and gather additional evidence we can use to prove negligence, like dashboard camera footage.
Immediately After the Accident
Victims can preserve evidence like property damage and debris right after the crash by photographing it. Pictures of impact points, tire marks, and the accident scene, in general, can help crash reconstruction experts determine cause and liability.
Since victims often sustain painful and serious injuries in these collisions, they can ask witnesses and first responders for help photographing the fallout. Try to take pictures of any visible injuries to your person, as this can help prove you were injured during the specific accident.
Remember to call the police to report the accident so they can write a crash report containing details about the incident. We can help victims locate and obtain these reports, which might help us rule out potential contributing factors to the accident, like poor weather or road conditions.
Let paramedics treat you at the scene and take you to the emergency room. This will generate additional evidence of your injuries and their cause, which our lawyers can help you organize as we prepare your case.
While Preparing Your Case
After victims leave crash sites and get medical care, our truck accident lawyers can start investigating other potential sources of evidence. For example, commercial trucks might have dashboard cameras, which employers might use to monitor driver’s behavior or for other safety purposes. In such instances, our lawyers can quickly subpoena dashboard camera footage from trucking companies to ensure it is not deleted. Such footage could show the driver striking your vehicle or undermine possible comparative negligence defenses.
Identifying eyewitnesses can lead to statements proving liability, so our attorneys will quickly get their information from victims or law enforcement. Other witnesses, like physicians or accident reconstruction experts, can also testify during truck accident claims, clarifying more complicated matters, like whether or not victims’ injuries are permanent or which driver initiated the collision.
While preparing your case, we can also obtain and organize hospital records detailing your diagnosis and exact treatment plan.
Damages You Can Pursue After a Truck Accident in Corona
Depending on the level of negligence exhibited by the defendant, victims could receive compensatory and punitive damages. Compensatory damages cover losses victims incur because of negligence, while punitive damages punish defendants for their gross negligence.
Compensatory Damages
Within the category of compensatory damages are economic and non-economic damages. Economic damages are any financial losses from a truck accident, including the cost of hospital visits and medical treatments, missed income, property damage, and more. For example, victims who need in-house medical assistance because of their injuries should get those costs covered.
Economic damages are calculated based on victims’ exact losses, and we can present medical bills and proof of previous wages to support our compensation requests.
Compensatory damages include non-economic damages, which cover pain and suffering. Debilitating injuries not only cause victims physical pain and discomfort but also emotional distress. Victims could develop anxiety or depression from the trauma of a crash and require support from therapists or other mental health professionals. A lawsuit can cover the cost of that treatment and the intangible cost of emotional pain and suffering.
New York does not limit compensatory damages in truck accident claims, and our lawyers can refer to our calculations when reviewing settlement proposals to ensure they are fair and worth accepting. Agreeing to poor offers would end your case, while negotiating longer could lead to a larger recovery.
Punitive Damages
Victims of gross negligence might get punitive damages when their cases go to court. Juries in New York can award punitive damages when defendants show reckless disregard for the rights or safety of others. For example, juries might award punitive damages to victims of drunk driving, as getting behind the wheel of any vehicle intoxicated, let alone a commercial truck, is particularly dangerous. Trucking companies could be grossly negligent for knowingly making drivers work overtime and ignoring federal rest regulations for truckers, possibly leading to punitive damages for victims.
Again, punitive damages are only awarded by juries, so victims cannot get this compensation if they settle claims out of court or if the defendant’s negligence did not rise above ordinary negligence. When initially preparing your case, we can anticipate the amount you will recover and if we should request punitive damages when filing your complaint with the court.
Call Our Lawyers About Your Accident in Corona
For a free case evaluation from The Carrion Law Firm, call our truck accident lawyers at (718) 841-0083.