Dump trucks are a common sight to see on Albany roads, especially in winter when the roads need sanding or salting. If a dump truck crashes into you, the odds are high that your vehicle will get totaled. You may also suffer severe injuries.
Getting compensation from a dump truck accident is possible if you have a lawyer on your side familiar with these accidents. Morelli Law Firm’s dump truck accident lawyers in Albany, NY, can help you make a claim or sue the responsible driver if your case qualifies for a lawsuit. Here’s what you need to know about these cases.
New York No-Fault Rules
New York’s insurance laws state that drivers in accidents need to go through their own insurance to get compensation. This is called no-fault compensation. This system lets people get compensation after vehicle accidents without filing injury claims and going to court.
However, no-fault systems usually have low policy limits. If you have a severe injury, which is likely after a dump truck accident, you may hit the cap of your no-fault policy, also known as your personal injury protection (PIP) coverage.
Furthermore, no-fault coverage doesn’t cover non-economic damages like pain and suffering, which means you may not get as much as you could if you sue. Fortunately, there are ways to go beyond no-fault coverage and sue dump truck drivers and their employers.
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Going Beyond No-Fault in a Dump Truck Accident
To go beyond no-fault coverage and gain the right to sue the at-fault driver, you must meet the injury threshold. Put simply, the accident has to cause a permanent serious injury, temporary disability lasting longer than 90 days, or death.
Dump trucks are extremely heavy and hit with tremendous force. You may have suffered an injury that meets the injury threshold. If so, our dump truck accident attorneys can aid you with suing the responsible driver and their employer.
You can still go through your PIP insurance first to get immediate coverage for your treatment needs. We can help you make a strong claim to your insurer to prove you need more than your policy limit. This will show that a lawsuit is necessary for full treatment.
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The Dump Truck Belonged to the City. Does That Change Things?
Yes. In New York, filing a claim against a government agency means you’re up against some extremely tight deadlines. You must speak with an attorney immediately to file a notice with the government before you lose the right to compensation.
You have mere weeks to file a notice of claim. Once your lawyer files the notice, you and your attorney will have to work quickly to meet the statute of limitations deadline, which is shortened when the defendant is part of the government.
Many dump trucks operated by the government help keep the roads clear and safe to drive during winter, so getting into a car accident with a dump truck in Albany, NY, is more common than you might think. By working with Morelli Law Firm as soon as possible after your accident, you can preserve your case.
What Damages Could I Receive?
The damages after a dump truck accident are the same as any motor vehicle accident. You may claim economic and non-economic damages caused by the accident, like:
- Medical bills
- Lost wages
- Lost potential income
- Rehabilitation and medication
- Pain and suffering
If the dump truck driver acted with gross negligence, you may also be eligible for punitive damages if you meet the injury threshold to file a lawsuit. This is a punishment given to defendants who act far beyond what’s reasonable.
We must back up all damages in a case with evidence. When you work with Morelli Law, we have a team of experts ready to help you build the strongest case possible with the evidence we have. The stronger the evidence, the more valuable your compensation.
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Prepare for a Fight
No-fault insurance keeps many claims out of court, but it means that fault claims are highly contested. Morelli Law Firm has helped victims get millions of dollars for their injuries, including $62 million for a construction accident victim.
We serve Albany and the rest of New York State and have no fear of going after the government if they’re the responsible party. We’re here to help, and we’re ready to fight for justice with you after a dump truck accident. Call our offices for a free no-obligation consultation with a dump truck accident attorney in Albany, NY.