Understanding Liability in a New York Truck Accident

Understanding Liability in a New York Truck Accident

Truck accidents can be devastating and life-altering events for those involved. The sheer size and weight of these commercial vehicles often mean that the injuries suffered by those in a passenger vehicle are much more severe than those in the truck. If you or a loved one has been involved in a truck accident in New York state, you may be entitled to compensation. But to get what you deserve, you need to understand liability and how it works in the state of New York.

Truck accidents are typically more complicated than car accidents. Multiple parties can be involved in a trucking accident. Potential parties include the driver, the owner of the truck, the company who loaded the cargo, and the manufacturer of the truck parts. Determining who is at fault often involves an investigation to determine the cause of the accident. Some common causes of truck accidents include driver fatigue, improper maintenance, and failure to obey traffic laws.

Once fault is established, it is essential to determine what options you have if you were injured. In New York, victims of truck accidents can pursue two types of compensation. Economic damages are intended to cover the costs associated with the accident, such as medical bills and lost wages. Non-economic damages are intended to compensate for the emotional impact of the accident, including things like pain and suffering.

When calculating compensation, the courts generally take into account the severity of the injuries and the degree to which the victim contributed to the accident. In other words, if you were partially at fault for the accident, your compensation may be reduced. This is known as comparative negligence. New York state follows a pure comparative negligence rule, which means that even if you were 99% at fault for an accident, you could still collect 1% of the damages.

The next step is determining who will pay the compensation. Often, trucking companies have insurance that covers accidents, but it is not always easy to get them to pay out what you are owed. Insurance companies have teams of lawyers on staff to fight claims, and they may try to argue that you were at fault or that your injuries are not as severe as you claim.

One common question that comes up is whether you can still receive compensation if you were uninsured at the time of the accident. The answer is generally yes. While insurance policies can affect the amount of compensation you receive, not having insurance at the time of the accident should not preclude you from collecting damages.

Truck accidents can be complex and confusing, but with the right legal help, you can get the compensation you deserve. At The Ahearne Law Firm, PLLC, we understand how difficult it can be to navigate the legal system after an accident. Our experienced attorneys can help you understand your rights, determine liability, and pursue the compensation you need to move on from the accident. If you have been involved in a truck accident, contact us today to schedule a consultation.