Commercial trucks, semis, and rigs are known for their sheer size and weight. Often, these large vehicles are involved in accidents that result in devastating consequences. If you or a loved one was hurt in a truck accident in the Bronx, our attorneys can help.
We will begin by identifying the cause of your accident and the liable parties. This may include the individual truck driver as well as the company that employs them. To file a truck accident claim in the Bronx, your injuries must meet New York’s serious injury threshold. Furthermore, all truck accident lawsuits must be filed within three years of the date of the crash. Proving fault requires meeting four crucial elements, supported by evidence such as eyewitness testimony and photographs. If your claim is successful, you may recover compensation for all medical expenses related to your injuries, along with damages for pain and suffering.
Call (718) 841-0083 to have our truck accident lawyers assess your case today.
Truck Accidents and New York’s “Serious Injury Threshold” (I.S.C. Law § 5102(d))
The impact of a truck accident can cause life-altering injuries. These injuries often warrant litigation in the Bronx.
Common injuries include broken bones, traumatic brain injuries, spinal cord injuries, burns, eye injuries, whiplash, internal injuries, and more. Brain and spinal injuries can be particularly devastating and may lead to permanent disability. Even seemingly minor injuries like whiplash may require medical treatments such as physical therapy. Diagnosis often involves expensive testing and imaging. When combined with treatment costs, victims may face serious financial hardship.
Because truck accident injuries are typically severe, victims often meet the serious injury threshold required for filing lawsuits in New York. Under I.S.C. Law § 5102(d), victims may only sue a negligent driver if their injuries meet the statutory criteria. Otherwise, compensation must be sought through personal injury protection (PIP) insurance or the negligent driver’s liability coverage.
Compensation for Injured Victims in Bronx Truck Accidents
Truck accidents often lead to serious physical, emotional, and financial challenges. Collisions with 18-wheelers, 16-wheelers, big rigs, or garbage trucks can result in injuries that prevent victims from working, require expensive surgery, and involve long recovery periods. Fortunately, if your injuries meet New York’s serious injury threshold and your lawsuit is filed within the statute of limitations, you may be entitled to compensation.
While every case is unique, our attorneys can help you understand the potential value of your claim based on your injuries, the circumstances of the crash, and the available insurance policies. We’ll review the details of your situation to provide an estimated compensation range.
Economic Losses
Economic damages include all quantifiable financial losses, such as medical expenses, lost income, and property damage.
Non-Economic Losses
Non-economic damages compensate for emotional and psychological suffering. This can include PTSD, depression, anxiety, and other mental health issues that may require professional treatment.
Filing a Lawsuit After a Truck Accident
Some truck drivers engage in negligent behavior that leads to catastrophic accidents. When this happens, victims may be entitled to pursue compensation from the responsible parties.
Depending on the circumstances, you or your family may file a claim to recover economic and non-economic damages. This legal action can help you regain financial stability and access the resources needed for recovery.
The Statute of Limitations for Truck Accidents in the Bronx
You typically have three years from the date of a truck accident to file a lawsuit in the Bronx. However, waiting too long can jeopardize your case.
Acting quickly helps preserve evidence, identify all liable parties, and build a strong case. Our attorneys will ensure your claim is filed well within the legal timeframe to avoid the risk of being barred from recovery.
Assigning Liability in Bronx Truck Accident Cases
Due to vicarious liability, both truck drivers and trucking companies may be held responsible for the actions of their drivers. This can increase the amount of compensation available to victims.
Even if a truck driver was directly at fault, their employer may share liability. Employers are typically responsible for their workers’ actions if those actions occur during the scope of employment.
If the accident was caused by a mechanical failure, the trucking company could also be liable for negligent maintenance. In such cases, victims may even be eligible for punitive damages if gross negligence can be proven.
Some drivers operate as independent contractors. In these cases, the trucking company may avoid liability, but you can still bring a claim against the individual driver. Our attorneys can identify the correct parties to sue.
Proving Fault in a Bronx Truck Accident
To recover damages, you must prove that another party’s negligence caused your injuries. This requires satisfying the following legal elements:
Duty of Care
We must show that the truck driver or company owed you a duty of care. This is typically straightforward and involves placing the driver at the scene and proving they were operating the vehicle.
Breach of Duty (Negligence)
Next, we must demonstrate that this duty was breached. Examples include speeding, distracted driving, or failing to inspect a vehicle. Evidence such as incident reports, camera footage, and witness statements can establish this.
Causation
You must prove the negligent act caused your injuries. Immediate photos of your injuries and witness testimony can help establish this connection.
Damages
Finally, you need to show that you suffered losses due to the accident. Keep medical bills, wage loss documentation, and other financial records to support your claim.
Our Bronx Truck Accident Lawyers Can Help
Call The Carrion Law Firm at (718) 841-0083 for a free case review with an experienced truck accident attorney.