Injuries in truck accidents are often quite serious, given that these crashes can involve giant vehicles weighing up to 80,000 lbs crashing into much smaller cars.  If you or a loved one suffered injuries in one of these crashes, our lawyers may be able to help you recover the compensation you deserve.

Trucking accident victims are often entitled to damages for their medical expenses and lost earnings, but the seriousness of these crashes could entitle them to pain and suffering under NY law as well.  Getting full compensation, especially when powerful trucking companies and insurance companies are involved, often requires you to file a lawsuit against these companies.

For a free case evaluation, call our truck accident attorneys at The Carrion Law Firm today at (718) 841-0083.

Common Legal Issues in Truck Accident Claims in Riverhead, NY

When you have a truck accident case, there are a few legal issues that our truck accident attorneys may have to deal with.  Some of these are basic legal issues that arise in any auto accident case while others are common only with trucking accidents and similar cases:

Ability to Sue/Pain and Suffering

New York’s no-fault insurance laws actually block lawsuits for auto accidents unless the victim suffers “serious injuries.”  As mentioned, trucks can be absolutely massive, and the weight difference between a fully loaded 18-wheeler and a sedan can lead to serious damage and injuries for the occupants of the sedan.  As such, truck accident cases often meet this standard and allow lawsuits to be filed.

A qualifying “serious injury” will usually involve some kind of permanent injury, amputation, pregnancy loss, or an injury that will be disabling for 90 of the following 180 days.  In addition, a broken bone also counts, broadening what cases can be filed as lawsuits.

With the ability to sue also comes the ability to claim pain and suffering damages from the at-fault driver.  No-fault insurance only covers medical bills and lost wages at certain reimbursement limits and rates (minus deductibles).  The ability to claim pain and suffering opens your claim to far higher damages.

Suing Truckers’ Employers

If a truck driver hits you and causes you injuries, it might be hard to sue them as an individual.  Yes, they should have commercial driver’s insurance, and that can cover a lot of your damages.  Even so, the trucking company they work for often has more ability to pay and additional insurance, potentially making them a better target for your lawsuit.

You can typically sue the employer of someone who injures you in the course of their job duties under a legal principle called respondeat superior.  This often lets us file the case against both the driver and the trucking company, ultimately making the trucking company answer for the trucker’s mistakes.

Additionally, trucking companies may be held responsible for the mistakes they made, accounting for damages in cases where the problem was with the company-owned truck or the company’s inability to follow trucking rules and regulations rather than (or in addition to) a mistake the trucker made.

One problem to confront here is that this only works when the trucker is an employee at the trucking company.  If they were an independent contractor or otherwise self-employed, the case might stop with the trucker and their insurance rather than reaching to any trucking company.

Damages for Injured Truck Accident Victims in Riverhead, NY

When you do sue after your truck accident, you can often claim damages in three major areas: medical bills, lost wages, and pain and suffering.  Even so, there are other damages within and outside of these categories that you might not think of, even though they are incredibly important to your truck accident case:

Hospital Bills

Being admitted to the hospital for any length of time is quite expensive, and damages can be claimed for these expenses.  This can include the time needed for a short stay or overnight monitoring as well as extended hospitalizations or even for care at a long-term facility if you suffered a traumatic brain injury or other debilitating injury.

Surgeries

Some medical care involves expensive surgeries, whether they be life-saving emergency care or scheduled surgeries you need in the days and months after an injury to save your life or prevent further injury.

Rehabilitation and Therapy

Getting back on your feet, literally and figuratively, can be a long journey after a truck accident.  Our attorneys can help you claim damages for rehabilitation and physical therapy to treat the physical conditions you face.  Additionally, mental health therapy bills can also be claimed if they are related to the accident.  For example, if you need treatment for PTSD after a serious truck accident, that should be included.  Additionally, occupational therapy costs – therapy for re-learning life skills after an injury – can also be claimed.

Lost Past Earnings

If you missed work while you were recovering from your injuries, those damages can be calculated relatively easily.  A claim for all of these lost earnings can be made as part of your case.

Lost Future Earnings

Additionally, many injuries make it hard to go back to work, require you to go on light duty work, or force you to take a lower-paying position going forward.  To determine how much these losses are worth, we need to know how much you make now (which might be $0) and how much you were projected to make going forward if it had not been for the crash.  This means projecting income and promotions up until your projected retirement age and comparing them to what you are projected to make now, and claiming the difference as damages.

Other Bills and Expenses

Any other expenses you face because of the crash, from household services to childcare to vehicle repair, can also be claimed.

Pain and Suffering

Pain and suffering damages account for all “non-economic” harm – the harms that do not come with receipts or bills.  This includes emotional distress, mental anguish, and all kinds of other emotional experiences, including lost enjoyment of various tasks or activities.

Call Our Riverhead Truck Accident Attorneys Today

For help after a truck crash, call (718) 841-0083 to speak with the truck accident lawyers at The Carrion Law Firm.