Flushing Truck Accident Lawyer
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 Flushing 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.
Suing Under NY’s No-Fault Rules
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.
Determining Who to Sue
You might be able to sue the trucking company for their driver’s mistakes behind the wheel, but there are some material issues that 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.
If you are unsure who you can sue for your truck accident, contact our Flushing truck accident lawyers for help.
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 or it was 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 Flushing truck accident attorneys today. Call us at (718) 841-0083 for a free case evaluation.