If you were injured or lost a loved one in a truck accident, we are here to help. Our team strives to help the innocent victims of motor vehicle accidents of all kinds file for the compensation they are entitled to under the law.
A Huntington truck accident lawyer on our team can help you gather the evidence needed to file a claim and quantify your damages. In case a settlement cannot be reached or does not appropriately value your case, we are even prepared to represent you in court.
Recoverable Damages for Trucking Accident Injuries
Injuries and property damage that occur in truck accidents tend to be significantly more serious than those seen in car accidents. The size and weight of these vehicles create a significant force during a collision that is difficult, if not impossible, to control.
As such, collecting compensation to address your injuries and damages can be especially important in these cases. Long-term or permanent bodily injuries are common and can lead to excessive medical bills and loss of income. As our team reviews your case, we will identify financial and non-financial damages you may be able to collect, including:
- Emergency medical treatment and transportation to the hospital
- Hospitalization and any medical procedures you receive there, such as X-rays, surgeries, and testing
- Additional treatment from your doctor, such as follow-up exams and pain medication
- Rehabilitation and physical therapy
- Loss of income if you were out of work
- Loss of future earning capacity or ability to work if you had to take a lower-paying job or can no longer earn an income
- Pain and suffering
- Loss of life enjoyment or consortium
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How Our Law Firm Can Help with Your Truck Accident Case
There are several components to pursuing compensation after a truck collision, whether you are interested in settling or taking your case to civil court. The benefit of hiring our law firm is that we will address the necessary steps and factors so that you and your family don’t have to.
When we assign a Huntington truck accident lawyer from our team to your case, they will work to answer important accident-related questions, such as:
- How did your accident happen?
- Who was at fault for the collision?
- Who is liable for your damages?
- What damages can you collect, and how much are they worth?
- What insurance policies will apply to your case?
- What kinds of evidence will you need to support your case?
- What is the deadline for filing your lawsuit?
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There May be more than One Liable Party for Your Truck Collision
Winning compensation in a truck accident case will hinge on our ability to prove the following:
- The party we are seeking damages from owed you a duty of care. The specifics of this will vary depending on who the liable party is.
- The at-fault party somehow breached the duty of care. Again, the exact form of negligence can vary.
- The at-fault party’s negligent actions or inaction either caused or directly contributed to your collision.
- You suffered physical injuries, loss of income, pain, suffering, emotional harm, or other losses in the accident—losses you would not have suffered had the at-fault party acted differently.
We must first identify the party responsible for your accident before filing a claim. This will require evidence, such as video footage of the collision and the events leading up to it, the police report on the accident, and eyewitness testimony. Using these and other items, we will determine whom you may hold liable for your damages.
Truck Driver Negligence or Errors
The Federal Motor Carrier Safety Administration (FMCSA) found that driver-related factors—including speeding, drug or alcohol consumption while driving, and drowsy driving—were the leading causes of truck accidents. Other factors that can come into play in an accident include driver inexperience, vehicle malfunctions, and unsafe driving for traffic or weather conditions.
During our investigation, our team will look for evidence of driver negligence and other factors that played a role in your collision. However, it’s worth noting that trucking companies can often be vicariously liable for their employee’s actions when a truck accident occurs.
When the Trucking Company May be Liable
Vicarious liability is a legal concept that allows us to hold a trucking company liable for an employee’s behavior. It can apply when the driver was completing their job duties at the time of the collision. Trucking companies can also be directly liable for an accident in some instances.
The licensing and testing requirements for becoming a truck driver are more stringent than those for driving a passenger vehicle. Yet, a report from the National Highway Traffic Safety Administration (NHTSA) showed that in 2017, truck drivers involved in an accident were more likely than other road users to have had a crash in the past.
If the trucking company failed to perform a background check on a driver before hiring them—or knew of the driver’s history of negligent driving—we can make the case that this is another form of negligence.
Other Potentially Liable Parties in a Truck Accident Case
In most cases, another motor vehicle operator will be at fault for your accident. However, other parties can also be implicated in your case, such as a truck maintenance team, a truck owner, or the party responsible for loading the truck’s cargo.
Contact Our Attorneys Today for Legal Representation
Contact our team about hiring a Huntington truck accident lawyer today at (212) 751-9800 and get a free case evaluation. We can help you identify the at-fault party responsible for your accident and walk you through everything you need to know about liability in truck accident cases. Let us help you collect the compensation you deserve.