The size and weight of a truck can only exacerbate the amount of damage and destruction of an accident. If you or a loved one suffered devastating injuries from a truck accident, you might be able to pursue compensation from the liable party. A Hempstead truck accident lawyer can help you do just that. For more information about their services, get in touch with Morelli Law Firm now at (212) 751-9800. We give all truck accident victims a free consultation.
You Must Determine Who Is Liable for Your Damages
After a truck accident, it is easy to automatically assume that the truck driver was responsible for the accident and owes you money to pay for the losses you sustained. However, they may not even be at fault for the accident. Other parties who could have caused the accident include:
- The trucking company. It may have forced the driver to work overtime, increasing the risk of driver distraction and fatigue. It is also possible that they did not follow state and federal guidelines for loading and maintaining the truck.
- Parts manufacturer. They may have produced a defective part, which made the driver lose control of the truck.
- Mechanic. They did not notice a problem with the truck while they were doing a maintenance check. Alternatively, they could have put in a part incorrectly.
- Municipality. The local and/or state government failed to fix road hazards, like potholes.
- A third party. Another driver could have broken a traffic law, which caused the truck driver to hit your vehicle.
In some cases, multiple parties may be responsible for the accident. In that case, you may have the option to file separate lawsuits or claims.
Comparative Negligence
New York State follows the comparative fault law. CVP § 1411 explains that you can still recover damages, even if you were partially at fault for the accident. They will only be reduced by the percentage of blame you hold.
Consider the following scenario:
You were driving over the speed limit when a truck driver failed to yield the right-of-way. Because you were speeding, the court may assign you 20% fault and the driver 80%. In that case, your total amount of compensation will be reduced by 20 percent, leaving you to only collect 80%. For example, if your original financial award was $75,000, you will receive $60,000.
A Hempstead truck accident lawyer can go into more detail about what comparative fault means and how it may apply to your case. Either way, they will aim to get you the most favorable amount of compensation possible. Reach out to Morelli Law Firm today to talk to a team representative at (212) 751-9800. We serve clients in New York City, Long Island, New York State up to Albany, Northern New Jersey, and Philadelphia.
Hempstead Truck Accident Lawyer Near Me 877-751-9800
Pursue Compensation for Your Injuries and Losses
The truck accident may have left you or a loved one with debilitating pain and extreme financial hardship. Luckily, there is a way to cover these damages so that you can get back on your feet. When you file your case, you can claim:
- Lost wages: If you missed work or had to take a lower-paying job.
- Medical bills: Co-pays for your doctor’s appointments and medication costs.
- Property damages: If your car, motorcycle, bike, or other property was damaged or destroyed in the accident.
- Pain and suffering: The physical pain and emotional suffering after the accident.
- Disability: If the accident resulted in your loss of function of a body part.
If you lost your loved one in a truck accident, Morelli Law Firm offers our deepest condolences. Even though nothing can fix what happened, financial help can make this horrible loss a little less overwhelming. You can request compensation for your loved one’s medical bills, funeral and burial services, and your loss of companionship.
A lawyer can assess these damages and decide if you may be able to recover other losses.
Statute of Limitations in New York
You must comply with New York’s deadlines for filing your lawsuit. See how much time you have for each lawsuit below.
- CVP § 214 allows claimants three years to file a personal injury lawsuit.
- EPT § 5-4.1 allows surviving family members of those who died in a truck accident two years to file a wrongful death lawsuit.
It is important that you get started on building your lawsuit right away. If you miss the deadline, then you might miss your chance of getting any compensation. Then it is up to you to pay for all your accident-related damages, as the at-fault party would no longer be financially responsible. However, there are certain situations in which the statute of limitations might be tolled, such as if an underage driver was involved in the accident.
Get Started on Your Truck Accident Case Today
Hiring a Hempstead truck accident lawyer comes with many benefits. They can take care of all the aspects of your case while you heal from your injuries and spend time with your loved ones.
Their services include:
- Collecting evidence
- Communicating with all involved parties
- Negotiating a settlement with the other party’s insurance company
- Submitting all necessary paperwork on time
- Addressing your questions and concerns about the legal process and where your case stands
- Representing you at trial if necessary
This is not a comprehensive list of what a lawyer can do for you. To learn more, call Morelli Law Firm today at (212) 751-9800. We understand that money may be tight right now, so we do not charge our clients any upfront or out-of-pocket fees. Instead, we are paid only if you are awarded compensation.