Port Richmond Truck Accident Lawyer
Accidents on the highway are fairly frequent, and the authorities routinely respond to vehicles in distress. While any crash can be dangerous, truck accidents are often severe. In some cases, truck accidents are so catastrophic that entire highways come to a grinding halt. If you or someone you love was injured in a truck accident, speak to a lawyer about how to get fair financial compensation immediately.
Generally, the person who caused the truck crash should have to pay for your damages. In many cases, this is the truck driver. However, their employer might also be on the hook for your damages. Still, other drivers who contributed to the crash might also be held responsible. If you were in an accident, you only have 3 years to file a case. If this time passes with nothing being filed, you risk losing your ability to file the case. Hiring a lawyer as soon as possible is a good idea. Your lawyer should begin preparing your case while you are still recovering. They may collect evidence, evaluate your damages, and prepare documentation and paperwork for the court.
Receive a private, free claim assessment from our Staten Island truck accident lawyers at The Carrion Law Firm by calling us at (718) 841-0083.
Who Should Pay for Your Damages in a Port Richmond Truck Accident?
Your injuries, losses, and damages might represent an enormous financial burden. Once we have assessed your damages and know what kind of financial compensation you deserve, the next question is about how to get it. Under I.S.C. § § 5104(a), injured drivers in New York must file no-fault insurance claims to get compensation. However, they may sue if they have a “serious injury” as defined under § 5102(d). Such injuries may involve fractures, loss of a fetus, death, dismemberment, disfigurement, the loss or limitation of bodily organs or systems, and other severe injuries. Once our truck accident lawyers establish this, we can move forward with the case.
Truck Drivers
Truckers who were behind the wheel at the time of a crash are often held responsible. Even minor acts of negligence that might not be a big deal elsewhere can cause major accidents when a truck is involved. For example, if a trucker is speeding, it might be difficult or even impossible to slow down in time to avoid a collision. Trucks are very heavy and cannot stop on a dime. If the truck driver slams the brakes, the vehicle might not stop, or the trailer might swerve around and collide with other vehicles.
Another possibility is that the trucker was overly tired when the accident happened. Truckers are often on the road for long hours, and it is common for them to become fatigued. While federal regulations require that truckers take regular breaks and get rest, not everyone follows the rules.
Truck Companies
If the truck driver’s negligence caused the crash, their employer might be held responsible for the accident, too. Under the legal principle known as respondeat superior, an employer may be held vicariously liable for damages and injuries caused by an employee’s negligence if that negligence was within the scope of the employee’s normal job functions and duties. This means that trucking companies may be held responsible for many truck accidents that stem from trucker negligence, even if the company was not directly involved in the crash.
Other Drivers
In some cases, other drivers might be implicated in a truck accident in addition to truckers and truck companies. For example, suppose another driver in a different car was intoxicated and crashed into the truck, causing the truck to crash into you. In that case, the first driver may be held responsible for the accident. Truck accidents are often complex and involve numerous vehicles. It is not uncommon for plaintiffs to learn that other drivers are responsible.
How Long After a Truck Collision Should You File a Legal Case in Port Richmond?
Truck accidents tend to cause severe injuries, and victims might be recovering for quite some time. As such, it might be difficult to initiate legal action on your own. Instead, an attorney can begin working on your case while you continue to rest and heal from your injuries.
It is important to speak with an attorney about your case as soon as possible. The statute of limitations for personal injury claims in New York, under C.V.P. Law § 214, states that plaintiffs have only 3 years from the date their cause of action accrues to file a case in court. Your cause of action is the accident, and it accrues the same day the accident occurs. In short, time is of the essence, and the clock might already be ticking.
Under very specific conditions, plaintiffs may have the statute of limitation tolled, thereby giving them more time to prepare and file their cases. One tolling option is described under § 208 and allows plaintiffs to pause the clock on the limitation period for “infancy” and “insanity.”
Infancy refers to being underage. If you are an underage driver with a brand new license, you may have the statute of limitations tolled until you turn 18. This would give you until age 21 to file your claims in court. However, you might still take legal action before you turn 18 with the help of a parent or guardian.
Insanity may refer to a mental or psychological condition that prevents you from filing the case on your own, understanding your legal rights, or comprehending the accident itself. In such cases, plaintiffs may have the statute of limitations tolled until the mental condition inhibiting them is lifted. However, the limitation period may not be tolled beyond 10 years past the date of the truck accident.
What Your Attorney Can Do to Assist You in a Port Richmond Truck Crash Case
Your attorney can begin preparing the case while you recover from your injuries. As briefly mentioned, many injured victims cannot take immediate legal action because they are too badly hurt. If you or a family member can contact a lawyer about the case, your attorney can get to work right away while you continue to recover. Remember, the sooner you get started with an attorney, the better your odds of success.
Your lawyer may also start collecting evidence and assessing damages. These are crucial yet time-consuming steps in your case. We need evidence to support your claims, but evidence is not always easy to find to obtain. Evidence might be lost if it is not collected quickly. Alternatively, evidence might be in the hands of the defendant, and we may need to get help from the court to make them give it to us. On top of that, your damages will take to assess fully. If we calculate damages too hastily, we risk undervaluing your claims and missing out on compensation.
Speak with Our Port Richmond Truck Accident Attorneys for Help Getting Fair Compensation
Receive a private, free claim assessment from our truck accident lawyers at The Carrion Law Firm by calling us at (718) 841-0083.