Due to their difference in size and weight, trucks often cause significant damage when a collision occurs. The injuries that may result from such a collision can require extensive medical care, leaving the victim with a hefty financial burden in addition to pain and suffering.
If the truck driver, trucking company, or another entity was responsible for the collision and your personal injuries, you have a right under New York law to recover damages. A truck accident lawyer servicing Babylon with Rosenberg & Gluck, L.L.P. can help you file your insurance claim or personal injury lawsuit to seek the compensation you deserve. Call (631) 451-7900 now to get started.
For a free legal consultation with a truck accidents lawyer serving Babylon, call 631-203-1691
Negligent Actions That Can Lead to Truck Crashes
As with collisions involving passenger vehicles, accidents with trucks can involve many different factors. Some of these factors—such as inclement weather—are unpreventable, meaning that it is possible for no one to be at fault for a resulting crash. However, other factors may serve as proof of negligence on the part of one or more drivers involved in a collision.
Though commercial truckers are subject to additional regulations when operating these vehicles, negligent driving behaviors still occur, causing thousands of personal injuries every year. Examples of negligence that truck drivers may exhibit include:
- Drowsy driving, due to late-night driving and tight travel deadlines.
- Driving after consuming alcohol, illegal substances, or prescription drugs.
- Improperly loading their cargo.
- Neglected vehicle maintenance.
Since these drivers are often employees of trucking companies, it is also possible for an employer to be liable in a trucking collision. If a company employs a trucker without proper training or places burdens on the driver which force negligence by the driver, it may be at fault if a truck crash occurs.
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Pursuing Compensation for a Truck Collision in Babylon
Since the State of New York requires no-fault auto insurance, you must submit any claims for medical bills and lost wages to your own insurance company, even if you believe another driver was to blame. Your no-fault insurer may cover:
- Medical bills related to your injuries.
- Transportation costs related to doctor visits.
- Any wages you were unable to earn while in recovery.
In order to recover compensation for any intangible damages after your crash, you will need to meet the state’s requirements for “serious injury” under New York Insurance (ISC) §5102. A truck accident lawyer servicing Babylon can be there to walk you through both processes and seek the compensation you may be entitled to.
After reviewing your case, an attorney can help you build your claim for the insurer and determine if the offer is fair. If not, the lawyer can help you pursue a lawsuit. Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 to learn more about securing compensation in your case.
Rosenberg & Gluck, L.L.P. Can Help You Pursue Compensation
Since truck crashes can cause such severe injuries, you may face medical expenses well over what your auto no-fault policy covers. Moreover, particularly devastating crashes that leave you with permanent disabilities can lead to years of pain and suffering. In New York, only victims with “serious injuries” qualify for compensation related to non-economic losses. Examples of qualifying injuries include:
- Loss or limitation of function in a body part or organ
- Severe disfigurement
New York Statute of Limitations for Personal Injury Lawsuits
Another factor to consider in your case is the state’s statute of limitations for personal injury lawsuits. According to New York Civil Practice Law & Rules (CVP) §214, you generally have only three years to file your lawsuit against the negligent driver for pain and suffering and two years for wrongful death, though you may encounter exceptions. For example, the law provides even less time to file lawsuits against municipalities in New York.
Either way, you will not have long to take legal action. Building a personal injury lawsuit takes time, not including any time spent filing a claim with your insurance company. If the deadline passes before you initiate a lawsuit, you lose your right to pursue compensation against the at-fault party. An attorney can offer support to help you stay within the deadline and maintain your right to compensation.
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Examples of Evidence That May Be Used to Prove Liability in Your Trucking Crash
Whether you are preparing your insurance claim or building a lawsuit against the negligent driver, you will need evidence to support your case. This includes proof that the other driver committed a negligent act that caused the collision and that you suffered injuries as a result.
The types of evidence available may vary depending on the circumstances of the collision. In general, examples of evidence in a trucking crash can include:
- Dash camera footage and black box data from the driver’s truck
- Traffic camera footage
- Eyewitness testimony
- The police report
- Medical records detailing your injuries
Some evidence such as the data and footage from the driver’s truck can be difficult to obtain on your own, especially while in recovery. You will need to request this information from the trucking company, which may not be very forthcoming. Having an attorney on your case can take evidence collection and other burdens off of your plate.
Get Help from the Office of a Truck Accident Attorney Servicing Babylon
At Rosenberg & Gluck, L.L.P., we fight for fair compensation on behalf of our clients. If you choose to work with us, we can get started on your case right away.
We will help you determine who is liable for your collision, calculate your damages, and proceed through the claims process. When necessary, a truck accident lawyer servicing Babylon can pursue your case and even take your case to trial. Contact our law firm today at (631) 451-7900 to learn about your legal options.