How Do NYC Courts Handle Accidents with Trucks and Big Rigs?

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    Truck accidents are particularly problematic when they happen on the crowded streets of New York City. While courts are supposed to remain impartial in all cases, your attorney can help you figure out how to handle your case.

    Courts treat accident cases involving large trucks and big rigs the same as any other case. Even so, there are ways your attorney can help you prepare so that you can maximize your odds of success in a truck accident case. You can argue to the court that their legal duty of care was greater because the defendant operated an inherently dangerous vehicle on crowded city streets. Courts might find damages for monetary costs, pain and suffering, and possibly punitive damages. Courts are not more or less likely to rule any particular way because the case involves a truck, but your attorney can help you use the resources at your disposal to persuade the court to find in your favor.

    After an accident with a big rig, call our NYC truck accident attorneys at The Carrion Law Firm at (718) 841-0083 and set up a free evaluation of your case to get started.

    How Courts Treat Accident Cases Involving Big Rigs and Trucks in NYC

    Plaintiffs often wonder how courts handle cases involving trucks since trucks often cause massive amounts of damage and injuries. While you might know firsthand how bad the accident was, the court does not. The court will only decide on the case once all evidence and arguments have been heard. In short, the court will remain impartial in all cases, including those involving dangerous trucks.

    However, there are some special rules that courts apply to vehicle accident cases, including those with trucks and big rugs. New York is a no-fault insurance state, meaning drivers file claims with their own insurance regardless of who caused the accident. This system helps prevent unnecessary lawsuits for small damages. If you want to sue, you must show the court that you experienced “serious injuries.”

    A serious injury may include broken bones, death, severed limbs, the loss of a pregnancy, the loss or limitation of a body part or system, or any non-permanent injury that prevents you from doing normal daily activities for no less than 90 days out of the 180 days after the crash.

    Since truck accidents tend to be very injurious, plaintiffs often have little trouble proving they suffered serious injuries. Even so, the court will be waiting for evidence of your injuries before it allows your case to proceed. Our Staten Island truck accident lawyers can help you prove your injuries meet the legal criteria for a lawsuit when we file your claim.

    How to Argue a Truck Accident Case in NYC Court

    While the courts will handle a truck accident case with impartiality, you and your attorney are not bound by the same requirement. There might be numerous angles of your case and potential arguments you can make, many of which are based on the fact that a truck or big rig was involved. For example, you can argue that the defendant’s duty of care was greater than in ordinary accident cases because they operated an inherently dangerous vehicle on tight, crowded city streets.

    Drivers have a duty to drive with reasonable safety under the circumstances. You can argue about what should be considered reasonable under the circumstances. The circumstances include driving through busy NYC streets, which might necessitate much greater caution. For example, if the truck driver makes a mistake on the road, the consequences are likely far greater because they are on a New York City street.

    The fact that the accident happened in the city might color the court’s perception of the defendant. While certain minor mistakes might not lead to severe injuries or losses under other circumstances, the opposite might be true when the truck is driven through New York City. Other vehicles and countless pedestrians are at risk.

    How Courts Award Damages in NYC Accident Cases with Trucks and Big Rigs

    NYC is very densely populated. Numerous cars, drivers, and pedestrians might be injured when truck accidents happen. As such, damages in these cases tend to be high.

    Again, courts do not give plaintiffs injured in NYC truck accidents special treatment. While there might be a myriad of damages on the table, you need to properly claim them in your complaint and present evidence of them during your trial.

    Compensatory damages include economic and non-economic losses suffered by the plaintiff. Chief among your economic injuries are medical expenses, property damage to your vehicle and personal items, and the income you lose from missing time at your job due to your injuries. As you can imagine, these damages might add up to hefty compensation.

    Your personal experiences should also be considered. Pain and suffering might be substantial, especially if your injuries are extensive and the emotional distress you experienced impacts your daily life. Since these losses are not really about money, their value is more subjective and ultimately decided by the jury.

    While punitive damages tend to be uncommon, they might be possible in truck accident cases. Punitive damages are meant to punish defendants for egregious behavior. Punitive damages might be awarded when the driver or their employer showed outrageous disregard on the streets of New York City.

    Are NYC Courts More Likely to Find Defendants Liable in Accidents with Big Rigs and Trucks?

    This is likely the question that all plaintiffs want the answer to. You might believe that the courts cannot possibly overlook the defendant’s bad behavior. Remember, you witnessed this behavior firsthand. The court did not, and the judge needs proof and evidence. The mere fact that your claims against the defendant are serious does not make the court more or less inclined to rule in any particular way.

    This is why evidence is so important. The only way to make the court hold the defendant accountable is to present evidence and facts that prove the defendant acted negligently and is directly responsible for your injuries.

    Call Our NYC Truck Accident Lawyers About Your Case Now

    Call our Oyster Bay truck accident lawyers at The Carrion Law Firm at (718) 841-0083 and set up a free review of your claims to get started.