If you or a loved one was hurt in an accident involving an 18-wheeler or another large truck or commercial vehicle, you could be entitled to substantial financial compensation. Often, lawsuits against truck drivers can also be filed against their employers, potentially allowing you to obtain compensatory and punitive damages from the trucking company.
Our Flushing truck accident lawyers can help you file your case on time, build a strong claim, and fight for damages. Many injury victims are entitled to compensation for their medical bills and lost wages, and victims with “serious injuries” could also be entitled to compensation for pain and suffering.
For a free case review, call our truck accident attorneys today at (718) 841-0083. The Carrion Law Firm’s injury attorneys are ready to take your call.
Suing a Trucking Company for Injuries in Flushing, NY
There are two major legal issues to analyze when it comes to understanding your right to sue a trucking company for injuries after a truck accident. The first is the question of whether you can sue at all for your injuries under NY’s no-fault insurance rules, and the second is the question of whether you can sue the trucking company or another party.
To file a lawsuit for an auto accident, you typically need to meet certain standards under NY’s no-fault rules. These rules require drivers to carry no-fault auto insurance that will allow them to file claims for medical bills and lost wages against their own insurance after an accident. This law also blocks lawsuits for pain and suffering and other injury damages unless the victim faces “serious injuries.”
If your injuries involve any permanent injuries, loss of function in a body part, loss of limb, disfigurement, or a broken bone, it should qualify as a “serious injury” for a lawsuit. You can also sue for the death of a fetus or for the death of a loved one in a truck accident. Lastly, an injury will also be considered “serious” under NY law if it will prevent you from carrying out your normal daily activities for at least 90 of the next 180 days after the injury.
If you meet these standards, our Flushing truck accident lawyers should be able to file your case in court and fight to get you medical bills, lost wages, and pain and suffering damages from the defendant.
Steps to Take After a Truck Accident in Flushing, NY
Truck accidents in Flushing are often chaotic. Many cars could be involved, and the injuries are usually severe. As such, recovering compensation later will be vital. Fortunately, you can take a few steps to protect your health and your rights. By taking some actions at the scene and after, you will have a much better chance of recovering the compensation you deserve. Of course, your injuries might be so serious that they prevent you from doing anything other than being transported to the hospital. If so, ask someone on the scene to help you with the following steps.
The first thing to do is to call 911. The police and emergency medical services should be dispatched at the same time. You should prioritize your medical care with EMS, but be sure to speak with the police. The police will investigate the scene and take statements from those still there. They will make a report that includes the important information you need to file a claim, like the driver’s information and witnesses involved. We can help you get a copy of this report if your injuries prevent you from getting one earlier.
If you were still able to move around the scene, speak with witnesses yourself. They can provide a view of the accident that you do not have and can fill important gaps in your memory. You should also take pictures of the accident scene and your injuries. This will illustrate the catastrophic nature of the accident long after the scene has been cleaned away.
Because most truck accidents are serious, you will likely need to go to the hospital. You should get medical attention even if you feel relatively fine. You will need evidence that you suffered some harm to file a claim. If a doctor did not examine you, there would be no way to link your injuries to the accident. After getting care, reach out to our firm to start preparing your lawsuit.
Determining Who to Sue for a Truck Accident in Flushing, NY
Lawsuits for trucking accidents in Flushing are often complex because it might not be obvious at first who is responsible. With years of experience, our lawyers will have a good idea of who we need to examine for liability. While the truck driver is usually at fault, their employer and others with no connection to the driver could also have contributed to causing the accident. The following are those we commonly sue for truck accidents in Flushing:
The Truck Driver
Truck drivers are typically responsible for accidents because they failed to operate with the care they should have. They were the person with the most control over the truck when the accident occurred, so it is only natural that they are named in your lawsuit.
In many cases, the driver’s negligence will be clear. Perhaps they were speeding when they collided with you or ran a red light. In other cases, their mistakes might not be evident at first, like if they were tired from driving too long. Our lawyers can help you get evidence to prove the driver’s negligence, including the “black box” from the truck. This device records important data during a truck’s trip, including driving time and whether systems like the brakes were engaged before the accident happened.
The Trucking Company
You might be able to sue the trucking company for its driver’s mistakes behind the wheel, but some material issues might prevent this.
First, you need to determine who was at fault in the first place. If the truck driver was not at fault and some other driver caused the crash, both you and the truck driver could be victims. In that case, you would file your case against that at-fault driver instead of the truck driver.
Second, if the truck driver was not working at the time of the accident, the trucking company likely cannot be held responsible for the crash. Additionally, if the driver was violating company policy or was driving outside of the scope of their employment, responsibility could stop with them. This could happen if the trucker was driving under the influence or otherwise violating company policy. Nonetheless, this could still allow you to sue the truck driver for your injuries.
Trucking companies can usually be sued in two situations:
The first occurs when they have done something wrong in their own capacity. This usually happens when accidents are caused, in part, by mechanical issues with the truck or because of the trucking company’s negligent hiring practices. Since trucking companies are responsible for maintaining their vehicles and for staffing decisions, these accidents would be their responsibility rather than the driver’s.
Second, trucking companies can be held liable for accidents their drivers cause within the scope of their employment while working as employees. If the driver was not legally an “employee,” then the trucking company could be off the hook, and the driver would be solely liable. This is common with owner-operators or properly classified independent contractors.
Other Liable Parties
In addition to the parties discussed above, you might need to name another defendant that contributed to your accident. For example, many trucks today are complicated vehicles with many complex systems. If one of those systems or parts of the truck is defective or malfunctioning, you might need to file a claim against the manufacturer or designer or the faulty equipment.
It is common for other drivers besides the trucker to be involved in a truck accident. These often end up in “pileups” or a chain-reaction collision. In a lawsuit, each driver can be held responsible for their share of negligence. If the truck driver initially caused the accident, other drivers might have further injured you because they were distracted and did not see the accident ahead.
We might also file a claim against a private mechanic or repair shop if the truck was maintained by someone other than the trucking company. Most trucking companies oversee the routine maintenance of their trucks, but sometimes, they do have them serviced by outside mechanics. If our team finds evidence that a private repair business worked on the truck, they can be added to your claim.
This does not mean the truck driver and trucking company are also not liable. In many cases, each defendant did something to cause the accident. If a defective part caused the accident but the driver was also speeding, the malfunctioning part would not excuse their liability. This is also true where other drivers are involved, as each driver can be held responsible for their negligent acts.
Common Causes of Trucking Accidents in Flushing, NY
Truck accidents are often caused by some of the most common causes of any auto accident: speeding, drunk driving, tired driving, and distracted driving. Driving a truck for long hours can be very tiring, so tired driving is perhaps more common with truckers than with other drivers. Additionally, many truckers turn to drugs or alcohol to keep themselves alert during long drives, potentially increasing the chances of a dangerous DUI accident. However, with their licenses on the line, many truckers work to follow the rules of the road in good faith.
Trucking companies, on the other hand, might not always follow the rules. Trucking companies have been found in the past to have violated federal and state trucking regulations, potentially contributing to accidents. These regulations deal with important issues such as weight limits, loading regulations, driving time limits, licensure requirements, and maintenance, upkeep, and inspection requirements. Violating these requirements could mean that trucking companies put dangerous vehicles and dangerous drivers on the road.
Some issues worth mentioning specifically for trucking accidents are loading and cargo issues. If cargo was not properly secured, loaded unevenly, or in violation of regulations, it could shift during transit or cause unsafe conditions. For instance, our Flushing truck accident lawyers could use these issues to prove fault in a case where the truck swayed out of its lane, fishtailed, or jackknifed to cause the crash.
Call Our Flushing Truck Accident Attorneys Today
If you or a loved one was injured in a truck accident, call The Carrion Law Firm’s truck accident attorneys today. Call us at (718) 841-0083 for a free case evaluation.