Hempstead Truck Accident Lawyer
Trucks drive throughout New York every day delivering cargo, packages, and more. These vehicles are sometimes seen as a menace on the road because of their immense size and the difficulty of driving and seeing around them. If you were hit by a truck, you might know better than most how dangerous these vehicles can be.
For help getting compensation from a truck driver and their trucking company, you should work with a Hempstead truck accident lawyer. From filing an insurance claim to potentially taking your case to court, our lawyers can represent your best interests and fight to get you the compensation you need.
For a free case review, call our Hempstead truck accident lawyers at The Carrion Law Firm. Our number is (718) 841-0083.
Getting Compensation for Truck Accidents in Hempstead, NY
After a trucking accident, it may be confusing how you get compensation and where it comes from. Especially since New York is a no-fault insurance state, these cases can be even more confusing and often justify getting help from experienced Hempstead truck accident lawyers.
Making an Insurance Claim
New York’s no-fault insurance laws typically require drivers injured in a crash in Hempstead or anywhere else in New York to first turn to their own insurance’s personal injury protection (PIP) policy for coverage. This policy can cover things like medical bills and lost wages without any proof of fault, but only up to policy limits.
Ultimately, if your injuries qualify as “severe” under NY law, you can file a third-party claim or a lawsuit for additional damages. In a third-party claim, you can get additional coverage beyond your policy limits from the trucker’s insurance policy. However, even this might leave you short, potentially justifying a lawsuit against the truck driver and the trucking company they work for.
Suing the Truck Driver
When you file a lawsuit for your truck accident injuries, you will typically file it directly against the driver of the truck that hit you. After all, their negligence is usually the direct cause of the crash, and they were certainly involved in the case. Without getting into technicalities, this might not always be the case, and the trucking company might be the true culprit. Still, the driver typically needs to be included in the lawsuit.
However, the driver typically will not have the funds to pay for your damages, especially if you were severely injured. Their insurance policy will typically end up being the source of payments for your injuries, though the trucking company and their insurance company might provide the trucker with a strong legal team to fight these claims. This is all the more reason to hire your own Hempstead truck accident lawyers to fight your side of the case.
Suing the Trucking Company
When a commercial truck driver is involved in a crash, you might also be able to sue their employer for the injuries you faced. Typically, this works under one of two legal theories:
- The trucking company can be held partially liable for its own mistakes involving negligent truck maintenance, negligent hiring or retention of dangerous drivers, improper vehicle loading, improper vehicle inspections, violations of trucking regulations, etc.
- The trucking company can be held vicariously liable for its driver’s negligence if the driver’s negligence occurred during the scope of their duties while working as an employee of the trucking company.
In either case, you will need evidence of what went wrong and how it contributed to the crash. In cases involving negligent vehicle maintenance, the truck driver might be just as much of a victim as you were, and you and any other injured victims could be entitled to sue the trucking company. In other cases, the trucking company committed negligence alongside the negligent driver, and both parties can be held liable for their fair share of the fault.
Damages for Truck Accidents in Hempstead, NY
When filing an insurance claim or a lawsuit, the purpose of insurance companies and courts is to pay you back for the damages you faced. Both the payments and the harms they are paid to cover are referred to as “damages,” and there are several types of damages that your Hempstead truck accident lawyers can help you seek compensation for.
One of the most important categories of damages in your case will be medical bills. This can include more than just the bills from your emergency treatment at a hospital after the crash – though those are typically a substantial portion of your medical damages. In addition, you can claim compensation for mental health care related to the accident, such as counseling for PTSD symptoms. You can also seek compensation for things like rehabilitation and physical therapy and other follow-up care related to the crash.
If your injuries keep you from going back to work – whether short-term or long-term – you could be entitled to compensation for the wages you lost. Providing for your family and paying for medical bills can be difficult if your injury keeps you from work, so these damages are often vital after a serious truck accident.
Damages for lost wages during your recovery can be paid in most claims. These damages are often simple enough to prove by using your average wage and multiplying it by the number of days you missed at work while you recovered.
If your injuries involve permanent loss of function, disabilities that affect your ability to work, or permanent, total disability, you could be entitled to ongoing damages for lost earning capacity. Calculating these damages is more involved and often involves hiring a financial expert.
Pain and Suffering
Pain and suffering damages are paid alongside other “non-economic” damages to cover the mental, emotional, and physical experiences you faced. These damages are paid to set right the harm that was done to you, and they can often make up a substantial part of your case. However, these damages are incredibly subjective and are usually based on your testimony and other individualized evidence rather than objective things like receipts and bills.
Call Our Hempstead Truck Accident Attorneys Today
If you or a loved one was injured in a truck accident in Hempstead, NY, call the Hempstead truck accident attorneys at The Carrion Law Firm today for a free case review. Our number is (718) 841-0083.