Pittsford, NY Truck Accident Lawyer
Being hit by another vehicle on the road is every driver’s nightmare. Being hit by a truck might be worse than you can imagine. After surviving such a horrific ordeal, you deserve fair compensation.
Getting compensation might not be easy, and there are often several legal hurdles to overcome. Insurance claims are par for the course when it comes to auto accidents and collisions. Since New York is a no-fault insurance state, injured drivers typically file claims through their own insurance policies before pursuing a lawsuit. Additionally, lawsuits are only permitted in cases where plaintiffs sustained “serious injuries.” If you pursue a lawsuit, you and your lawyer must determine who should be held liable for your injuries. Truck drivers and the trucking companies that employ them might be implicated. Evidence to prove your claims against the defendants might include photos of the accident scene, witness testimony, and details from accident reports.
Speak to our truck accident lawyers to schedule a free case review by calling The Carrion Law Firm at (718) 841-0083.
How to Get Compensation for Injuries Sustained in a Truck Accident in Pittsford, NY
While filing an insurance claim or lawsuit can help you get compensation, these options are legally intertwined, and you should seek help from an experienced lawyer before moving forward.
Insurance
New York insurance laws adhere to a no-fault rule, meaning injured drivers and passengers must file no-fault claims through their own insurance rather than third-party claims through the other driver’s insurance.
According to no-fault laws, all drivers must carry personal injury protection (PIP) insurance that covers them up to certain amounts, mostly for economic damages like medical bills, property damages, and some lost income. This course of action is not exactly optional, at least if you plan on suing later.
Since PIP insurance policies tend to be limited, those with more severe injuries and greater expenses often need to explore other options for compensation. However, there are legal restrictions on injured accident victims seeking to file lawsuits, as discussed in more detail below.
Lawsuit
Often, insurance policies do not apply to non-economic damages like pain, suffering, or humiliation. As such, injured victims often do not get fair compensation for these painful experiences, at least through insurance. Lawsuits allow you to assess and claim the full gamut of your damages, including non-economic damages.
As mentioned before, legal hurdles exist when it comes to lawsuits for auto accidents. According to I.S.C. Law § 5104(a), potential plaintiffs cannot sue unless they experience a serious injury as defined under I.S.C. Law § 5102(d).
Under the law, a serious injury might involve broken bones, serious disfigurement or scarring, loss of a fetus, death, or the limited or permanent loss of a body part or bodily function. If your injuries do not fall within these categories, you might still qualify if you have a medically determined, non-permanent injury that hinders you from performing most of your typical daily tasks and chores for no less than 90 days during the immediate 180 days following the truck accident.
Since truck accidents are often very severe, many accident victims have little trouble overcoming these legal hurdles. However, if your injuries are on the borderline between serious and non-serious, an attorney can help you prove to a court that your injuries meet the threshold for a lawsuit.
Potentially Liable Parties in Pittsford, NY Truck Accident Cases
One of the most important decisions we must make early on in your lawsuit is whom to sue for damages. While some parties might be more obviously liable than others, some might be surprising. Talk to a lawyer about your accident for help determining who should be sued and why.
Truckers
It is often the case that truck drivers are the first person to face blame for truck accidents, and rightfully so. Many truck accidents result from trucker negligence, like distracted driving, falling asleep at the wheel, or even driving under the influence. Truck drivers require special training and commercial licensing to operate such huge, dangerous vehicles. If something goes wrong, a massive accident might occur.
Truckers might also be responsible for equipment failures or malfunctions on the truck. For example, if the truck driver fails to inspect the truck before beginning a route, they might miss problems that need to be rectified. For example, the trailer coupling might be damaged, or the underride bar might be coming apart. Truckers typically are liable for accidents even if they were unaware of the defective equipment beforehand because they are responsible for inspecting the truck.
Truck Companies
Generally, if a truck driver is liable for an accident, their employer might be vicariously liable for the same accident. Under the legal doctrine of respondeat superior, employers can be held liable for accidents and injuries caused by negligent employees if the employee acted within the scope of their duties.
This rule excludes situations where employees act out of line with their job duties or commit intentional or even criminal acts of harm. For example, if a trucker caused an accident because they were drinking while driving, respondeat superior likely will not apply to the trucking company. However, suppose our truck accident lawyers suspect the trucker has a history of alcohol abuse that the trucking company knew about when they hired them. In that case, we can sue them for negligent hiring.
Evidence to Prove Your Claims in a Pittsford, NY Truck Accident Lawsuit
We need as much evidence as possible to prove your claims against the truck driver and the trucking company. Evidence might include almost anything relevant to the case and tends to shed light on the issue of liability. Each piece of evidence does not have to be definitive to be admissible. Strong cases have been built on many pieces of smaller evidence to form a larger picture of how the crash occurred.
If possible, you should take photos of the accident scene immediately after the crash. Your photos might contain important details about who was present, the damage to your vehicle, your injuries, and other crucial details.
If you were too badly hurt to take photos, we can find witnesses who can testify in court about how the crash happened. There might be a police report regarding the accident, and we can review the report to find other pieces of evidence law enforcement uncovered in their investigation.
Call Our Pittsford, NY Truck Accident Attorneys for Legal Support
Speak to our truck accident lawyers to schedule a free case review by calling The Carrion Law Firm at (718) 841-0083.