If you or a loved one were injured in an accident with a commercial vehicle, you might be wondering whether you should sue the driver, the company, or another party altogether. The answer depends on an investigation into what specifically caused your accident.
A Long Island commercial vehicle accident attorney can investigate your accident and determine who to hold responsible for compensation for your damages. With legal assistance, you can file an insurance claim or lawsuit against one or more liable parties.
Commercial Vehicle Accidents Can Involve Multiple Liable Parties
If the commercial motor vehicle involved in your accident was independently owned and operated, then the vehicle’s driver may be responsible for your damages.
However, because commercial vehicle drivers often work as employees of a company, employers may be liable for accidents because of the legal principle of vicarious liability and by their own negligent actions.
No matter who is at fault for the accident, you or your lawyer will likely have to prove how their negligence caused or contributed to the accident. A commercial motor vehicle accidents lawyer on Long Island can collect evidence of the responsible party’s negligence.
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How a Commercial Vehicle Lawyer Can Prove Negligence
In your fight to collect compensation, it’s imperative that an individual or other party is found negligent. In order to prove this, a lawyer can assist you in identifying:
- There was a duty of care to keep the victim out of harm’s way
- The driver, commercial vehicle company, or other party breached their duty of care
- That breach caused your injuries
- You suffered not only physical pain, but other damages as well
A commercial vehicle accident attorney can fight for your right to retrieve the compensation you deserve and hold wrongdoers accountable to prevent future negligence on the road.
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Long Island Attorneys Can Fight Against Insurance Companies
After determining liable parties, it’s recommended you file an insurance claim with the at-fault party’s insurer to hopefully settle your case quickly. This stage might require extensive negotiations and a presentation of evidence to prove a connection between your injuries and the accident.
The defendant’s insurer might attempt to drag out negotiations with the hope you will agree to a low settlement offer. If you are refused a fair offer, a Long Island commercial vehicle accident lawyer can help you file a lawsuit and take your case to trial.
Your Claim Needs to Be Filed Before the Statutory Deadline
In New York, New York Civil Practice Law and Rules (CVP) §214, plaintiffs are given three years to file a personal injury lawsuit. For a wrongful death lawsuit, a general two-year statute of limitations applies, per New York Estates, Powers & Trusts (EPT) §5-4.1.
If you do not file your claim by this deadline, you might lose the opportunity to pursue compensation via a lawsuit. In order to protect your right to sue, it’s encouraged you get started on your case as soon as possible.
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Compensation From a Commercial Vehicle Accident Case
The actual litany of grievances you might claim may take more effort to build and might involve reviewing your medical records, finances, and personal documentation. Depending on the nature of your accident and your injuries, a Long Island commercial vehicle attorney can help you collect compensation for the following types of damages:
- Expenses from medical treatment
- Costs for property repairs or replacement
- Costs for transportation if you needed to rent a vehicle
- Lost income from time you spent healing from your injuries or without a vehicle
- Reduced earning capacity if your injuries now affect your ability to work
- Pain and suffering
- Mental anguish or trauma
If you lost a loved one in an accident with a commercial motor vehicle, family members might be eligible to file a wrongful death lawsuit and pursue compensation for damages These include:
- Funeral expenses
- Burial or cremation expenses
- Loss of consortium
- Loss of parental guidance
- Lost source of Income
Reporting a Commercial Vehicle Accident in New York
New York state law requires you to report your accident to the police within 10 days of when it occurred. The driver of the commercial vehicle must also report what happened. If the accident involved only damage to your car and no injuries, you will still need to report it if the damage exceeds $1,000 or if the commercial vehicle driver is not present.
You, the plaintiff, must report the accident “as soon as you are physically able.” A Long Island commercial truck lawyer will then use the official report as evidence in your case and in an effort to hold negligent parties accountable.
Get Legal Assistance from Morelli Law Firm
Commercial vehicle accident cases might seem overwhelming to take on alone, especially if you are still recovering from your injuries. Fortunately, a Long Island commercial motor vehicle accident lawyer from Morelli Law Firm may be able to help you pursue compensation through multiple routes.
When it comes to defending the rights of our clients, we are not intimidated by major corporations or their lawyers. We take our clients’ concerns into account when representing their cases. Call us for a free case evaluation. If you qualify, we may be able to provide you with representation on a contingency-fee-basis with no up-front payments required.