The injuries from a truck crash can be much more severe than those resulting from a passenger vehicle crash. With these serious injuries come hefty medical bills, missed time at work, and significant pain and stress.
If you experienced a truck collision, and another party caused the collision, they should be held accountable for your losses. A truck accident lawyer serving Southampton from Rosenberg & Gluck, L.L.P. can represent you in your pursuit of damages.
We work on contingency, meaning you pay us only when and if we win a settlement or judgment on your behalf. Call us today at (631) 451-7900 for a free consultation to review your case.
For a free legal consultation with a truck accidents lawyer serving Southampton, call 631-203-1691
Getting Compensation for Your Truck Crash Injuries
According to the New York State Department of Financial Services (DFS), the state requires that all drivers carry no-fault insurance. Even if you were at fault for your crash, your insurance company will cover basic expenses like your medical bills, lost wages, and other out-of-pocket expenses stemming from your injury using the personal injury protection (PIP) policy that comes with your motor vehicle insurance policy.
In New York, basic PIP pays up to $50,000 per person, which covers the driver and any passengers in your car who sustained an injury in the truck crash. You may recover medical and rehabilitation expenses, as well as 80 percent of your lost work income.
Our firm can file a no-fault claim on your behalf.
PIP does not cover damages related to pain and suffering. In order to recover for the injury itself, as well as expenses exceeding PIP coverage, the victim can file a third-party claim against the other driver or party whose negligence caused the crash. Contact Rosenberg & Gluck, L.L.P. so we can start working to obtain compensation for your injuries.
Southampton Truck Accidents Lawyer Near Me 631-203-1691
Seeking Compensation from the Party Who Caused Your Crash
If another party’s negligence caused your collision, and your PIP coverage cannot fully cover your damages, the legal team at Rosenberg & Gluck, L.L.P. can prepare and file a third-party claim against the at-fault party. New York law requires that drivers carry minimum amounts of third-party bodily injury liability coverage.
The minimums for this coverage include:
- $25,000 bodily injury (not causing death); $50,000 for an injury that causes death (for a single person in a single crash)
- $50,000 for bodily injury (not causing death) of two or more people in a single crash
- $100,000 for injuries that lead to the death of two or more individuals in a single crash (based on per-person limits).
When pursuing compensation from the other driver, the amount you are able to receive is subject to New York’s “pure comparative fault” rule. Even if you were partially at fault for the collision, you can still recover damages from the other party. Once your damages are totaled, the amount you receive from the other driver will be reduced by the percentage to which you were responsible for causing the crash.
Factors That Can Cause a Truck Crash
The extent of your compensation relies heavily on your ability to prove the other driver’s negligence caused the collision that injured you. Truck crashes differ from passenger vehicle crashes in certain aspects that are unique to large, commercial vehicles. The National Highway Traffic Safety Administration (NHTSA) reports the following factors that are common causes of truck collisions:
- Driving while intoxicated or under the influence
- Vision problems
- Driving while distracted
- Failure to maintain gap distance
- Illegal maneuvers
- Lack of experience
- Inadequate training
When a truck operator’s behavior causes a crash, the company that employs them can also be liable for your damages, under the principle of vicarious liability.
- Failure to control their truck
- Inability to see the road (fog, rain, or other inclement weather)
- Slick roads from spills, ice, rain, etc.
- Debris or objects on the road (often from construction)
- Lack of adequate roadway lighting
With many of these factors, a municipality, construction company, or another third party can be held liable for damages.
- Poor truck maintenance company
- Defective or faulty truck part (tires, steering wheel, etc.)
- Poorly loaded cargo
The above factors point to different third parties that might share liability for a crash. Poor maintenance can fall in the hands of a maintenance service provider contracted by the carrier. Crashes caused by defective truck parts may be attributed to the parts manufacturers, distributors, and/or installers. Bad cargo loading could point to a distributor who loaded the truck.
Whatever caused your collision, a Rosenberg & Gluck, L.L.P. truck accident lawyer serving Southampton can fight for your right to receive compensation from the at-fault party. Call us today at (631) 451-7900 for a free case review.
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How We Will Investigate Your Crash
To build our case of third-party negligence, our firm will investigate your crash. We can gather available evidence from:
- Driver logs
- Witness’ testimonies
- Police crash report
- Truck maintenance record
- Crash scene
- Safety violations records
- Truck inspection records
- Truck driver’s driving record
- “Black box” data from the truck
- Crash photos and videos
- Your medical records
We will leave no stone unturned in gathering the evidence required to prove another party’s negligence caused your crash.
Your lawyer may need to gather evidence from your medical providers, employer, and experts in the fields of medicine, economics, occupational rehabilitation, and psychology to calculate the value of your claim. That said, the following types of damages are common to truck crash cases:
- Medical expenses
- Lost wages and benefits
- Pain and suffering
- Diminished future potential earnings
Our goal is to get you the compensation you need and deserve.
Statute of Limitations in New York
Every state imposes a statute of limitations that restricts the amount of time you have to pursue legal action after a crash. New York generally gives you three years for this purpose under New York Civil Practice Law & Rules (CVP) §214. Keep in mind that, if you are filing a claim against a municipality or pursuing a wrongful death claim, you will be bound by additional, earlier deadlines.
The sooner you hire our firm to represent you, the more time we have to meet deadlines and build your case.
Call Today for a Free Consultation with a Truck Accident Lawyer in Southampton
The attorneys at Rosenberg & Gluck, L.L.P. can fight for your right to recover damages from the party whose negligence caused your truck collision and injuries. Call us today at (631) 451-7900 for a free case review.
Our firm can also assist clients in Spanish.