A car accident is bad enough when it is between standard-sized vehicles. When one of those vehicles is an enormous truck hauling heavy cargo, the results can be disastrous if not fatal. Your injuries after a truck accident might be dire, and you may have difficulty paying for your recovery on your own. You can hold the party responsible for your accident liable for your injuries and be paid compensation.
If you were injured in a truck accident caused by a negligent truck driver in Long Island, we can help. The Carrion Law Firm can take over your case and fight aggressively for the compensation you deserve. The attorneys at The Carrion Law Firm are experienced personal injury attorneys representing truck accident victims in Long Island. We can provide you with aggressive and strategic legal representation.
It is essential to act quickly after a truck accident. Filing your claim on time can help you protect your right to get compensation. Let our Long Island truck accident lawyers help you through this challenging time. Call us today at (718) 841-0083 for your free case evaluation and review.
Filing a Personal Injury Claim After a Truck Accident in Long Island, NY
If you were the victim of a truck accident in Long Island, you will want to do anything in your power to get back on your feet. This is something you can achieve by filing a personal injury claim against the liable parties. However, there is an important caveat to consider before filing your lawsuit. Long Island truck accidents are governed by New York’s “no-fault” insurance laws. This can prevent a truck accident victim from filing a personal injury lawsuit after their crash. Under the no-fault rules, an injured victim has to go to their insurance company for compensation regardless of who was responsible for the collision.
However, every truck accident has the potential to be solved outside of the parameters established by the state’s no-fault insurance laws. The ability to sue outside the no-fault insurance laws will depend on the specific circumstances of your case. Suppose you were in a truck accident that caused mild injuries and little property damage. In this case, your insurance would step in and compensate you for these specific losses.
Conversely, suppose you were involved in a serious truck collision and suffered severe physical, emotional, mental, and psychological damage. In this case, it would be possible to file a personal injury claim. The compensation or “damages” for your pain and suffering are not covered under existing insurance policies, which make it necessary to file a personal injury claim to get fair, complete damages. Our Long Island truck accident lawyers can help you understand what to expect from your case and determine whether you can file your personal injury claim.
How to Prove a Driver Is Liable for Your Long Island Truck Accident
Most truck accidents are acts of negligence. A case of negligence is far more than a mere accident or mistake, though. Negligence is a legal term that encompasses certain kinds of cases. Cases built on negligence involve proving that the defendant not only caused the accident but had a legal duty of safety or care that was violated. Our Long Island truck accident lawyers can help.
The first thing to prove in a negligence case is the legal duty of care owed by the defendant. This duty will vary from case to case. However, drivers, including truck drivers, generally owe the same duty of care while out on the road. Drivers are legally obligated to drive in a reasonably prudent and careful manner under the current circumstances. Not only does this impose a duty of safe driving, but it allows the duty to adjust depending on the conditions. Negligent driving will look different on a sunny, dry day compared to a dark, rainy day because road conditions are different.
Next, we must show that the defendant breached their duty of care. How the breach happens will also largely depend on the circumstances of the accident. Driver errors and equipment failures may all be considered breaches of duty. For example, drivers have massive blind spots and do not always see the drivers around them. If truck drivers want to switch lanes, they must use their turn signals and provide ample time for other drivers to get out of their way. A hasty lane change with no turn signal or a broken turn signal might be a breach of their duty.
Once we have established the defendant’s duty and breach, we must connect them to the accident itself. It might be possible that a defendant had a duty, breached it, but ultimately did not cause the accident. Another independent force might be to blame instead. We must show this is not the case. Finally, we must show your damages are real and not merely hypothetical. Damages can be established with medical records and other evidence from the accident.
Common Truck Accidents in Long Island
Different types of truck accidents can take place in Long Island. Many people associate this type of accident with a frontal crash against a passenger vehicle or another person’s personal property. However, this is not the only case. In our many years of experience handling truck accident claims, we have seen common types of crashes that can cause devastating injuries and property damage.
Rollover accidents are one of the most common truck accidents in Long Island. A big, heavy truck that rolls over poses a real threat to anyone near it. This type of accident can happen because of unsecured, scrambling, or shifting cargo. If the heavy loads inside a truck’s container are not evenly distributed, they can shift, causing a rollover accident. This specific type of truck collision can be dangerous and sometimes deadly. However, you may be able to file a lawsuit against the liable parties.
Jackknife accidents are also common in Long Island. When the attached trailer moves in the main truck’s opposite direction, both units can lose control and cause an accident. These types of crashes are unfortunately common and have caused hundreds of thousands of accidents throughout the years.
Tire blowout truck accidents are very common. These crashes happen when a tire blows due to tire defects, lack of proper maintenance, or poor road conditions. If you have been hurt in these types of accidents, you may have the right to file a claim and fight for your compensation. Our Long Island truck accident attorneys can help victims face the at-fault parties and walk them through their case.
Compensation After Your Long Island Truck Accident
Compensation after a truck accident on Long Island is possible. You can achieve your compensation through a personal injury claim. With our Long Island truck accident lawyers’ assistance, you can get compensation for all your losses. However, before you can get compensation from the court, you must prove the defendant’s negligence. In other words, you have the burden of showing negligence by a “preponderance of the evidence.” As previously stated, you are expected to prove the defendant owed you a legal duty that was breached and ultimately caused your accident and damages. After showing all these elements, the court may grant you compensation.
Nevertheless, Long Island’s at-fault rules can significantly impact your compensation. Under this rule, your insurance is the primary source of compensation after your crash. This means you cannot go against the other party to get compensation. Instead, your insurance will provide coverage for things like your medical expenses, property damage, and your lost wages. You may wonder how to get outside of this rule to get full, fair compensation in Long Island.
Your ability to file a personal injury claim outside what is established in NY’s no-fault rules requires meeting specific requirements. Our New York City truck accident lawyers can help you understand if you qualify for a lawsuit.
Damages from a Long Island Truck Accident
There are numerous damages you can claim after a truck accident. Damages are like all the injuries and losses a plaintiff suffers because of an accident. Physical injuries, mental anguish, and property destruction can all be considered when estimating damages. In general, most truck accident victims seek compensatory damages and punitive damages.
Compensatory damages are meant to cover the losses you suffered because of the accident. Compensatory damages often cover medical bills, the cost to replace or repair your vehicle, lost wages from missing work, and any other costs you incurred. Compensatory damages may also cover non-tangible losses or losses that did not come at a financial cost. Mental and physical pain and suffering are common non-economic compensatory damages.
Punitive damages do not cover your losses but are instead meant to punish the defendant for their bad behavior. Punitive damages may actually leave plaintiffs with more money than they had before the accident. However, punitive damages tend to be awarded only in the most extreme cases. Truck accidents are often very severe, and you might be eligible for punitive damages. New York places no cap on your damages, so we can get you the maximum amount we think your case deserves. Call our Long Island truck accident lawyers for help estimating your total damages.
What Happens if I Cannot Find the Defendant in My Long Island Truck Accident Hint and Run Case?
Lawsuits, including those for personal injuries, must be filed within a certain time limit. This time limit is known as a statute of limitations. If this time limit is exceeded, a plaintiff is prohibited from filing their lawsuit unless special circumstances would toll the statute and buy more time. In New York, the statute of limitations for personal injury cases is 3 years under CVP Law § 214.
Truck accidents can be challenging when another, smaller vehicle is the cause of the accident. Perhaps a driver in another car cut off the trucker in a dangerous fashion, causing the trucker to swerve into your car, severely injuring you. You can, of course, sue the driver of the other car, but you must identify them first. When defendants are driving, they might not realize they caused the accident, so they do not stop. This makes it incredibly hard to sue them.
As mentioned before, the statute of limitations can be tolled under exceptional circumstances. We can ask for more time if we are approaching the 3-year deadline and have not identified the defendant. However, we must be actively searching and doing our due diligence to find the defendant. Our Long Island truck accident attorneys can work to help you track down the defendant if they fled the scene of the accident.
What if I Am Partially Responsible for the Truck Accident on Long Island?
In many truck accident cases, defendants deflect blame by claiming that the plaintiff is partially responsible for the accident. If a plaintiff is indeed partly to blame for the truck accident, their damages might be reduced in accordance with New York’s rule of pure comparative negligence.
In New York, if you are found partially liable for a truck accident, your damages will be reduced in proportion to your blame. In most cases, the court assigns blame as a percentage. So, if you are found 10% liable, your damages will be reduced by 10%. However, there is no limit placed on pure comparative negligence. Even if you are 90% liable for the accident, you could still recover 10% of your damages, at least in theory.
Being held partially liable for the accident could open you up to liability. If other drivers were also injured in the accident, they could come after both the trucker and you for damages. Our Long Island truck accident lawyers can help you fight any allegations of negligence, so your damages are not reduced, and you are not vulnerable to liability.
Free Case Reviews From our Long Island Truck Accident Lawyers
The Carrion Law Firm is a legal office dedicated to protecting and upholding your rights as an injured truck accident victim. Our Long Island truck accident lawyers are ready to provide you with legal assistance to fight for compensation. Call our law offices today at (718) 841-0083 and schedule your free case review.