When a large commercial truck collides with a smaller vehicle, the physical, emotional, and financial consequences can be overwhelming. After the dust settles, many find themselves asking the same question: What can I sue for in a truck accident? In New York, those injured in a truck crash may seek damages related to medical costs, lost wages, pain and suffering, and other losses.
Pursuing a personal injury claim or lawsuit can help secure compensation that helps cover the expenses and hardships that follow a serious truck accident. Liability might rest on multiple parties, including the driver, the trucking company, or other involved entities. These defendants are not likely to pay without a thorough legal process.
Trucking companies and their insurers often have sizable resources and well-trained defense teams on their side. This can leave victims feeling outmatched. Working with an experienced New York truck accident lawyer at William Mattar Law Offices can help level the playing field and seek maximum compensation for medical bills, lost wages, pain and suffering, and other damages. Some medical bills and lost wages may not be covered by no-fault insurance.
Table of contents
- The Scope of a Truck Accident Lawsuit in New York
- What Damages Can You Sue for After a New York Truck Accident?
- Potentially Liable Parties in a New York Truck Accident Case
- Facing the Resources of Trucking Companies
- How a New York Truck Accident Lawyer Builds and Pursues Your Case
- A Lawyer Stands Up for Your Rights After a Truck Accident
- Contact William Mattar Law Offices
The Scope of a Truck Accident Lawsuit in New York
Large trucks often weigh tens of thousands of pounds and may be carrying heavy cargo. When one collides with a car or motorcycle, the results can be devastating. Serious injuries, permanent disability, and even wrongful death are not uncommon.
Victims and their families may face staggering medical bills, prolonged recovery periods, and lost income when they are unable to work. In these situations, knowing that New York law allows the pursuit of compensation can bring some measure of hope and reassurance.
However, in New York, bringing a lawsuit against a truck driver, trucking company, or other responsible party involves careful consideration of the state’s laws and legal precedents. Victims of truck accidents often face challenges that go beyond standard auto accident claims.
What Damages Can You Sue for After a New York Truck Accident?
Truck accidents differ from typical car accidents in several ways. While any collision can cause injuries and losses, the sheer size and weight of commercial trucks raise the stakes. When an 18-wheeler strikes a passenger vehicle, catastrophic injuries are more likely.
Spinal cord damage, traumatic brain injuries, amputations, severe burns, and long-term disabilities can follow. Many victims are forced to take extended time off work and face lengthy rehabilitation.
In a New York truck accident case, victims can seek various types of damages. These damages fall into different categories, reflecting the range of losses a victim might face. Every case has unique details, and the damages pursued depend on the harm done. Generally, victims might sue for:
Economic Damages
These damages compensate for measurable financial losses. They are calculated based on bills, receipts, and expert estimates of future costs. Examples include:
- Medical Expenses: Hospital bills, doctor visits, surgeries, medication, rehabilitation, physical therapy, medical devices, and other healthcare-related costs associated with injuries.
- Future Medical Costs: Some injuries require ongoing treatment or long-term care. Victims may recover compensation for future medical needs, ensuring they can continue to receive quality care.
- Lost Wages and Income: If injuries prevent victims from working for a period of time, they may recover the income they would have earned. This could include missed paychecks and lost business opportunities.
- Loss of Earning Capacity: If injuries are severe enough to limit the victim’s ability to work at the same level as before, they may pursue compensation for reduced earning potential. For example, a victim who can no longer handle physically demanding work may have to take a lower-paying job.
- Property Damage: Collisions often destroy or severely damage vehicles and other property. Victims can seek funds to repair or replace their vehicle and any belongings lost in the crash.
Non-Economic Damages
Some losses do not come with a price tag. They relate to the subjective, personal impact an accident has on a victim’s life. These damages are often more challenging to quantify, but they acknowledge the real suffering that occurs after a traumatic event:
- Pain and Suffering: Serious injuries often come with intense physical pain and discomfort. Chronic pain may affect daily life, mobility, and the ability to enjoy activities once taken for granted.
- Emotional Distress: The psychological fallout from a truck accident can be profound. Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), nightmares, and a general sense of fear about returning to the road.
- Loss of Enjoyment of Life: Some injuries prevent victims from engaging in hobbies or activities they once loved. Compensation may acknowledge that they have lost opportunities for recreation, travel, and family events.
- Disfigurement and Scarring: Serious burns or lacerations can leave permanent marks that affect a victim’s self-image and emotional well-being.
- Loss of Companionship or Consortium: Injuries can strain relationships. In some cases, spouses or close family members may seek compensation for the loss of companionship, affection, or guidance that results from severe injuries.
Wrongful Death Damages
When a loved one dies in a truck accident, the family may file a wrongful death claim. In New York, wrongful death lawsuits are brought by the personal representative of the deceased’s estate. These suits seek damages that acknowledge the financial and emotional losses that surviving family members face:
- Funeral and Burial Costs: End-of-life expenses can be high. Survivors may recover funds to cover the cost of a funeral, burial, or cremation.
- Loss of Financial Support: If the deceased contributed income or benefits to the household, survivors may seek compensation for the future financial support they will no longer receive.
- Loss of Parental Support or Guidance: Children who lose a parent may be compensated for the loss of love, guidance, and support that the parent would have provided.
- Loss of Services: The deceased might have provided valuable services such as childcare, home maintenance, or managing financial affairs. A wrongful death claim may include damages for the loss of these services.
Wrongful death claims aim to ensure that family members are not left with the financial burden that often follows an untimely death. They also acknowledge that the loss of a loved one reaches beyond dollars and cents.
Potentially Liable Parties in a New York Truck Accident Case
A challenging aspect of a truck accident case is identifying who can be held liable. Unlike a simple car collision where one driver’s negligence might be clear, truck accidents often involve multiple layers of responsibility. Liability can rest on:
- The Truck Driver: Truck drivers owe a duty of care to others on the road. They must follow traffic rules, abide by state and federal regulations regarding hours of service, and refrain from risky behaviors like distracted driving or driving under the influence. If a driver’s negligence leads to a crash, the driver may be liable for damages.
- The Trucking Company: The company that owns or operates the truck may share liability. Trucking companies are responsible for hiring qualified drivers, maintaining vehicles in safe working order, and ensuring compliance with all applicable safety regulations. If a company fails to properly screen its drivers, forces unrealistic delivery schedules that encourage speeding or fatigue, or neglects regular maintenance, it may bear responsibility for an accident.
- Maintenance and Repair Providers: Trucks require routine inspection and maintenance. If a repair shop or maintenance provider fails to spot or fix a mechanical issue, and that defect leads to a crash, that party can be liable.
- Truck or Part Manufacturers: Defective parts, from tires and brakes to steering columns or trailer couplings, can contribute to truck accidents. If a design or manufacturing defect leads to a crash, the manufacturer of that component can face liability.
- Cargo Loaders and Shippers: Improperly loaded or secured cargo can shift during transit, causing the driver to lose control of the truck. Entities responsible for loading and securing cargo may share responsibility if their negligence leads to a crash.
- Other Potentially Liable Parties: In some cases, road design issues, poor signage, or negligent roadway maintenance can contribute to accidents. When a government entity or contractor fails to address known hazards, victims might pursue legal action against that party. However, lawsuits against government entities involve specific notice requirements and deadlines in New York.
By pursuing claims against each responsible party, victims seek compensation that more completely covers their losses.
Facing the Resources of Trucking Companies
Trucking companies and their insurance carriers frequently have extensive resources dedicated to defending against claims. Their teams may include experienced insurance adjusters and lawyers who focus on limiting payouts.
Shortly after an accident, these professionals often begin working to minimize their company’s liability. They may contact the injured party or family members, hoping to secure a quick, low settlement before the full extent of the injuries and losses are known.
Victims without legal representation may feel at a disadvantage, unsure how to counter these tactics. New York truck accident law can be complex, and dealing with pushback from well-funded opponents can be draining. This is one reason why having a strong legal advocate can be helpful.
Working with the William Mattar Law Offices means you have someone to negotiate on your behalf. With legal guidance, victims can focus on recovery rather than worrying about communicating with trucking companies or making sense of legal procedures. A lawyer can help ensure all available damages are pursued.
How a New York Truck Accident Lawyer Builds and Pursues Your Case
Building a strong truck accident case requires a methodical approach. A lawyer representing a victim in a New York truck accident may take steps that include:
Investigating the Accident Scene
This often involves gathering evidence from the crash site. Photographs, measurements of skid marks, traffic camera footage, and witness statements can shed light on how the accident occurred. The lawyer may work with accident reconstruction consultants who use data to piece together the sequence of events.
Reviewing Documents and Records
Truck accidents generate a paper trail. Driver logs, shipping records, vehicle maintenance logs, inspection reports, and employment records can show if regulations were followed. Electronic logging devices (ELDs) and data from truck computers may reveal if a driver exceeded hours-of-service limits or drove erratically before the crash.
Consulting with Medical Professionals
A victim’s medical records help establish the severity of injuries and the treatment necessary to reach the maximum possible recovery. These records, along with opinions from doctors and other healthcare providers, show the connection between the accident and the injuries.
Calculating Damages and Future Needs
A lawyer works to understand the full impact of the accident, including future medical costs, reduced earning capacity, and ongoing therapy or rehabilitation. This involves consulting with medical experts, vocational rehabilitation specialists, and economic analysts who can estimate the long-term financial impact of the injuries.
Negotiating with Insurance Companies
Before filing a lawsuit or going to trial, a lawyer often attempts to reach a settlement. Insurance adjusters may initially offer a sum that is less than what the victim deserves. A lawyer can push back against low offers, presenting evidence, witness testimony, and documentation of losses to seek an amount that more fully addresses the harm suffered.
Filing a Lawsuit, If Needed
If negotiations fail to produce a suitable settlement, a lawyer can file a personal injury lawsuit. This initiates the formal legal process, which includes discovery, depositions, and possibly a trial before a judge or jury. Throughout these stages, a lawyer gathers and presents evidence, questions witnesses, and challenges the opposition’s claims.
Handling Courtroom Procedures and Timelines
New York law sets time limits for filing claims. A lawyer keeps track of filing deadlines, court dates, and other procedural requirements. The ability to manage these details frees the victim to focus on healing.
Representing the Victim’s Interests
Throughout every stage of the process, a lawyer advocates for the victim’s rights and best interests. Whether in negotiations, mediation, or trial, having a professional guide can offer stability and strategic direction.
A Lawyer Stands Up for Your Rights After a Truck Accident
Working through the many challenges after a truck accident in New York can feel like an uphill battle. Dealing with medical treatments, financial worries, and emotional distress may leave victims wondering if they can handle a legal case as well. Yet, standing up for one’s rights can make a substantial difference in securing resources to rebuild a life disrupted by another’s negligence.
Identifying liable parties, documenting damages, negotiating settlements, and possibly going to trial takes time and effort. Throughout these steps, having a lawyer at William Mattar Law Offices who understands the complexities of truck accident cases can help ensure that nothing is overlooked. Each piece of evidence, witness statement, and medical record can contribute to a stronger claim.
Contact William Mattar Law Offices
For those who have experienced life-altering injuries due to a truck accident, reach out to William Mattar Law Offices to set the process toward justice in motion. Having a lawyer by your side can help ensure you do not leave any potential compensation on the table. This path offers an opportunity to rebuild, recover, and find a measure of financial stability after a devastating event.
Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We also have offices in Buffalo, Syracuse, and Rochester, and our personal injury lawyers can serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.