Trucks are so common on our highways that drivers often do not think twice about driving next to one. However, if a truck is involved in an accident, it may cause severe destruction and injuries. If you were hurt in a truck accident, you might be facing steep medical bills and other expenses. Our legal team can help you sue those responsible and get fair compensation.
It is important to call a lawyer right away, as injury claims in New York usually must be filed within 2 years. We need as much time as possible to find evidence, assess your damages, prepare your lawsuit, and develop legal strategies. How we approach your case may depend on who we believe is responsible. Truckers are often named in cases like this, but their employers and even other drivers on the road might bear some of the blame.
Get a private, free case evaluation from our truck accident attorneys by calling our offices at The Carrion Law Firm at (631) 910-7493.
When to File a Truck Accident Civil Case
It is reasonable to need some time when deciding whether to file a lawsuit after a truck accident, but you want to avoid taking too much time to decide. You have a limited time in which to file a civil case, and time might already be running out.
You must file your claims within the period set by the statute of limitations under C.V.P. Law § 214. You have only 3 years from when the cause of action accrues to file your claims in court. The cause of action for many accrues on the day of the accident, although it may accrue later under special conditions.
For example, under § 208(a), if a minor is injured in a truck accident in New York, their cause of action may not accrue until they turn 18. At that point, they have the standard 3 years to file, or until age 21.
Evidence to Support Your Truck Accident Claims on Long Island
People often think of evidence as something that does not come up until the trial, but evidence is necessary from the very start. If we do not have enough evidence showing that you have a valid cause of action, the court might not accept your initial complaint.
A great source of evidence is witnesses. In truck accident cases, other drivers who saw the accident or were even involved may testify in your case about what they saw. The same goes for passengers, pedestrians, and anyone else who might have been present.
Our truck accident lawyers may also use certain records from the truck company. For example, driving logs maintained by truckers, employee records, and records regarding truck maintenance may be useful. Often, trucks have “black boxes” equipped that record various data, including speed, brake times, and other important information.
Since injuries from truck accidents tend to be quite harsh, it is a good idea to have copies of your medical records as evidence. We might also need medical professionals who can examine you and review your medical records, and explain them on the witness stand.
Available Damages in Truck Accident Civil Cases
We must accurately evaluate your injuries, losses, and expenses when we claim damages in your initial complaint. Your damages may include various economic losses, non-economic injuries, and possibly more.
Perhaps the biggest expense for truck accident victims is medical care. If you were recently hurt in a truck accident, you might be dealing with some severe injuries. Many people suffer from lifelong complications, pain, or disabilities. Not only might you have current medical costs to deal with, but you might also have future medical care to worry about.
Arguably, the next biggest concern among truck accident victims is damaged property. Your vehicle might be totaled, and all your personal belongings inside your car might be completely destroyed. Be sure to review everything you lost with your attorney, no matter how small the costs might seem.
Your potential non-economic damages are more subjective and are based on painful experiences rather than monetary costs. Your trauma, bodily pain, psychological injuries, distress, and other painful personal experiences may warrant significant compensation.
Who Can You Sue for a Truck Accident?
Truck accidents are often very large, and many different people may be involved. While the trucker should be investigated for negligence, their employer and other drivers on the road might also be found to be somewhat responsible.
The Truck Driver
First, we should consider suing the truck driver for causing the accident. In many cases, the trucker is the one directly responsible for the crash, often because of some negligence behind the wheel. They might have been distracted, or maybe they dozed off after a long day on the road. Whatever the case may be, they likely bear a lot of blame for the crash.
The Truck Company
We should also include the truck driver’s employer in the case. Under the legal principle of respondeat superior, when an employee (i.e., the trucker) causes injuries due to negligence while performing their regular job duties, their employer (i.e., the trucking company) may be held vicariously liable.
Other Drivers
It is entirely possible that the truck driver did not cause the crash, but another driver on the road did. Alternatively, the trucker might have acted negligently, but so did another driver, and their actions together caused the collision. We might not know who else might have contributed to the accident until after a thorough investigation by the authorities, but our truck accident attorneys may include other drivers in the case.
How to Start a Long Island Truck Accident Lawsuit
People talk about lawsuits all the time, and they are somewhat commonplace. However, the average person might not understand exactly how to begin a lawsuit.
First, you should call a lawyer for help starting your lawsuit. They can determine how much time you have to file according to the relevant statute of limitations, and they can begin gathering evidence and information to build your case.
Your attorney should assess your injuries and damages and get an idea of what your claims are worth. We need this information just to begin the case. If your injuries change after we file the case, we might be able to revise the original complaint to include additional damages.
Once we have all the information we need, we can draft a complaint and file it with the correct court. The complaint is the document that starts the lawsuit once the court accepts it, and we notify the defendant. As such, the complaint must be carefully crafted, as it may set the tone of the rest of your case.
Examples of Truck Accidents
Truck crashes or collisions might happen in a number of ways, and how your accident happened will inform how we approach your case and develop legal strategies.
Some of the scariest truck accidents involve head-on collisions. Perhaps the truck crossed the median in the middle of a highway, and you had no time to react or get out of the way. It is not unusual for victims of head-on collisions with large trucks to have catastrophic or even fatal injuries.
Jackknife accidents happen when a truck and its trailer start moving out of sync. The trailer may swerve outward, causing the entire rig to spin out on the highway. Any other vehicles unlucky enough to be in the way may be hit, and drivers might be badly hurt.
Trucks are not just heavy, but they are also very tall, and they can topple and roll over on the highway. If cargo is not loaded properly, the trailer might become unbalanced. At high speeds, it is easy for an unbalanced trailer to roll over and injure other drivers.
Can I Sue if I am Partially to Blame for the Truck Accident?
Truck accidents can be tricky, and the people responsible are not always who you think they are. In some cases, plaintiffs filing civil claims find the defendants arguing that the plaintiffs share responsibility. Sometimes, they are right.
If the defendant claims that you caused the accident, even partially, the court may apply New York’s pure comparative negligence law. According to C.V.P. Law § 1411, plaintiffs may still claim damages even if they are partially responsible for their injuries. However, your final damages award may be reduced according to your share of blame as determined by the trier of fact.
For example, if the judge or jury determines that you are 15% responsible for the truck accident, your damages may be reduced by 15%.
How Your Truck Accident Might Have Happened
Numerous factors might have played a role in the circumstances of your accident.
Many truck accidents happen because truckers are too distracted. They might be on their phone texting, calling, or scrolling through social media. They might instead be trying to communicate with their employer about route changes or delivery instructions. Either way, a distracted driver is incredibly dangerous.
Trucking company employees cannot just throw cargo in the back of a trailer. Cargo must be loaded and secured in a way that maintains balance while the truck and trailer are in transit. If the trailer is unbalanced because cargo is not loaded correctly, the trailer might tip over on a sharp turn.
Accidents can also happen because of truck equipment failures. For example, the trailer hitch connecting the trailer to the truck might come undone. In that case, the trucking company might be liable for failing to inspect the equipment. Alternatively, the manufacturer of the equipment might be liable if the equipment was defective.
How Insurance Affects Truck Accident Cases on Long Island
Auto accidents, even those involving large trucks, may be resolved through insurance claims. In New York, auto insurance claims follow no-fault laws that might make filing a lawsuit difficult.
According to I.S.C. Law § 5104(a), drivers must file claims with their own personal injury protection (PIP) coverage, and they do not have to prove fault when they file. If an injured driver wants to sue the driver who caused the crash, they must jump through some legal hurdles first.
Before you can file a lawsuit after a truck accident, you must experience a “serious injury.” Such an injury is defined under § 5102(d). It includes significant disfigurement, death, dismemberment, loss of a fetus, fractures, permanent limitation or loss of bodily functions, or any medically diagnosed, non-permanent injury that prevents you from performing most material acts of your daily life for at least 90 days.
Since truck accidents are known for being severe, there is a strong chance that you have a serious injury and may sue those responsible. Even so, review your situation with an attorney before getting started.
Should I Accept a Settlement in a Long Island Truck Accident Case?
If you are skeptical about pursuing a full trial, you might consider trying to reach a settlement agreement with the defendant.
A settlement may help you get compensation faster than a trial, but you must be ready to compromise. In many cases, plaintiffs get some, but not necessarily all, of their damages covered through a settlement agreement.
Your attorney should help you negotiate. A settlement may be reached at almost any time before a verdict is rendered. How we negotiate depends on the strength of our evidence and how willing you and the defendant are to compromise.
Whether a settlement is enough for you is entirely your decision.
What to Do Following a Truck Accident
The aftermath of a truck crash can be overwhelming, but you must remain calm and try not to panic.
First, get help immediately. If you can, call 911 and get emergency medical responders sent to your location. The police should also be sent to secure the scene and start investigating.
If you can, try to take photos and record videos of the accident scene while you wait for help. Your recordings may be used to help prove your claims if you file an insurance claim or a lawsuit. However, if you are too badly injured to take photos, just stay where you are and wait for help.
After you get medical care, contact an attorney for help. They can help you prepare an insurance claim and a lawsuit while keeping track of the authorities’ investigation of the accident. The sooner you hire an attorney, the more time they have to build your case.
Contact Our Long Island Truck Accident Attorneys to Discuss Your Claims
Get a private, free case evaluation from our truck accident attorneys by calling our offices at The Carrion Law Firm at (631) 910-7493.
