Garden City Truck Accident Lawyer
Accidents involving large vehicles like commercial trucks are some of the most dangerous on the roads of Garden City and Long Island in general. If you recently sustained injury in an accident with a truck, you may have the ability to pursue legal action against the party responsible for causing your harm.
The first step in this is identifying who was at fault. This could be the driver, the trucking company, the truck manufacturer, or another driver, to name a few. If you are able to demonstrate that one of these parties’ negligence caused you serious injury, you can recover compensation through economic, noneconomic, and sometimes punitive damages.
This is only possible if you file your case in time. To get immediate and vital legal assistance for your claim, call the dedicated Garden City truck accident attorneys at The Carrion Law Firm at (631) 910-7493 for a free initial case evaluation.
Liability for Truck Accidents in Garden City
Collisions involving trucks do not usually just happen on their own. Usually, the cause of the accident can be traced back to some person or entity’s negligence. In these cases, people who sustain injury in these accidents. Identifying who is liable for a truck accident is a critical step in preparing a lawsuit to recover compensation.
Vicarious Liability
The first step in assessing who was responsible is identifying whether there was an employer-employee relationship between the driver and another entity, such as a trucking company. Under New York’s vicarious liability laws, injury victims can sue the employer of an individual who negligently caused the accident while operating within the scope of their employment. In some cases, this can be fairly straightforward. However, if the driver was an independent contractor rather than an employee, or if they were taking a break from their route when the accident occurred, you will want to discuss whether vicarious liability applies with your Garden City truck accident attorney.
Negligent Operation
A trucking company may separately be liable for an accident if they were negligent in their own practices. Trucking companies must comply with regulations created on both the state and federal level that dictate proper practices for hiring, training, and scheduling their drivers. If the trucking company of the driver that caused the accident failed in any of these areas, their violation of law will likely also be seen as negligence in the context of a civil truck accident lawsuit.
Vehicle Malfunctions
Of course, it is possible that a truck accident might not be the fault of the truck driver at all. Catastrophic failures of any of the various features or functions on board a truck could result in a collision. In these cases, you and your Garden City truck accident lawyers will need to identify where these failures occurred and who was responsible for preventing them. For instance, a defect that was present when the truck was built creates liability for the manufacturing company. A defective condition that was not discovered could imply poor maintenance efforts on the part of the trucking company or the contractor they used for inspection and maintenance. It will be difficult to figure these key issues out without the experienced help of a Garden City truck accident lawyer.
Other Drivers
Truck accidents are so dangerous in part because they often impact more than just one other vehicle. In multi-car accidents, or accidents involving more than two vehicles, it is important to identify whether another driver was to blame for causing the accident, even if the direct impact that injured you came from the truck.
Damages for Truck Accidents in Garden City
If you succeed in bringing your truck accident lawsuit in Garden City, you can expect to receive compensation based on both the economic and noneconomic harms you sustain. In limited situations where the defendant’s conduct rises to the level of recklessness, you may also obtain punitive damages through your lawsuit.
Economic Damages
Harms that can be quantified directly in terms of monetary losses go into the category of economic damages. These include the consequences of your physical injury, such as medical bills and lost wages from missed time at work, as well as the fair value of repair or replacement of any property that was damaged in the accident.
Noneconomic Damages
Noneconomic damages are based on the more personal harms that a victim suffers. Often referred to as “pain and suffering,” these harms are harder to quantify in terms of financial loss, but you are still entitled to monetary recovery based on how the accident and your resulting injuries have impacted you personally.
Punitive Damages
If a Long Island court determines that the defendant’s harmful conduct was either intentional or so reckless that they deserve additional punishment, it is within their discretion to award punitive damages. Punitive damages are not based on the victim’s harms, so it is entirely possible that you could recover more in punitive damages where available than both economic and noneconomic damages. Common scenarios in which punitive damages might be available include truck accidents caused by drunk driving or defects that the manufacturer knew about and failed to address.
Statute of Limitations for Truck Accidents in Garden City
Every civil claimant seeking compensation for negligent injury must comply with their state’s statute of limitations, and New York is no exception. Under the state’s statute of limitations for truck accident injury lawsuits, plaintiffs must file their formal complaint in court no more than three years after the date that the accident occurred.
There are limited exceptions that may toll (or pause) the clock on the statute of limitations, such as where the victim was a minor at the time of the accident or became mentally incapacitated as a result of their injuries. However, filing as soon as possible has a number of benefits, including reducing the chances that your case is dismissed for missing the deadline. That is why it is critical that you reach out to a Garden City truck accident lawyer shortly after you have received medical treatment for your injuries.
The Carrion Law Firm Can Help You Recover After a Garden City Truck Accident
Our Garden City truck accident attorneys are waiting on your call. Reach out to The Carrion Law Firm today at (631) 910-7493 to schedule your free initial case evaluation.