Truck accidents can be devastating due to the sheer size and weight of the vehicle. If you were in a traffic accident involving a large tractor-trailer, the stress of dealing with the aftermath can be overwhelming.
A New York City truck accident lawyer could help you alleviate some of the financial challenges that follow a collision by filing a lawsuit on your behalf. A dedicated personal injury attorney could advocate for you throughout the entire legal process.
Determining Fault in Truck Accidents
One of the most important steps in any personal injury case is establishing liability. This can be difficult in 18-wheeling accident cases, as there may be various parties who are at fault. The truck operator likely bears much of the responsibility for the accident. However, it is important to examine other potential defendants.
Truck Maintenance Company
Knowing who is responsible for the truck’s maintenance is important in establishing liability. Usually, the person or company that owns or leases the truck is responsible for its maintenance. Sometimes a contract between the shipper and owner will determine who is liable for maintenance.
If the accident is caused by mechanical malfunction such as worn breaks, the maintenance team could be held liable. Likewise, if a certain auto part was defective, the manufacturer of that product could be considered negligent.
If the accident was caused by driver error, the trucker’s employer could also be responsible for the accident. Employers are generally responsible for the negligent acts of their employees. A skilled lawyer in New York City could ensure all responsible parties are named defendants in the truck accident lawsuit.
Recoverable Damages in Tractor-Trailer Collision Claims
Truck accidents can have serious consequences leaving one with immediate and long-term damages that can be quite costly. Through a personal injury lawsuit, you could recover compensation for the following economic and non-economic damages:
- Medical expenses
- Physical or occupational therapy
- Lost income and wages
- Lost earning capacity
- Property damage
- Chronic pain
- Emotional distress
- Loss of enjoyment of life
- Funeral and burial expenses in wrongful death cases
Various other types of damages are awarded as well in truck accident claims. A determined attorney could help you fight for full compensation after a severe 18-wheeler collision.
New York City Comparative Negligence Law
New York City’s comparative negligence law, detailed in New York Civil Practice Law & Rules § 1411, states that you can recover compensation in a truck accident case, even if you were partially at fault for the accident. However, the court will reduce your damages based on the amount of liability you bear.
For example, if a court awards you $100,000 in damages for the truck accident but finds you 25 percent at fault, you will only receive $75,000 in damages. A hard-working attorney could help you argue against allegations of partial fault in a truck wreck claim.
Consult With an Experienced New York City Truck Accident Attorney Today
New York City roads are crowded with many types of trucks, including semis, delivery trucks, and garbage trucks. Being in an accident with any of these vehicles can result in severe lifelong injuries or even death. A New York City truck accident lawyer could help you seek restitution after this type of devastating incident. Call our firm today to set up your initial consultation.