If you or a loved one was injured in an accident caused by a commercial vehicle driver, you might be wondering whether you should sue the driver, the company, or another party altogether. The answer depends on what specifically caused your accident, and you could potentially be able to pursue compensation from more than one party.
A Long Island commercial motor vehicle accidents lawyer from Morelli Law Firm may be able to investigate your accident and determine which parties might owe you compensation for your damages. Then, we can help you file an insurance claim or lawsuit against them.
At Morelli Law Firm, we take our clients’ concerns into account when representing their cases. Call us at (212) 751-9800 for a free case evaluation with a member of our team. If you qualify, we may be able to provide you with representation on a contingency-fee-basis with no up-front payments required.
Commercial Motor 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, the question about who might be liable for this type of accident can get complex.
For example, employers may be responsible for accidents their employees cause while working due to the legal principle of vicarious liability. An employer may also be responsible for accidents caused by their own negligent actions, such as a failure to have their commercial vehicles receive regular maintenance checks.
Other potentially liable parties might include the maintenance worker who last worked on the vehicle, the vehicle manufacturer, a municipality that failed to maintain safe road conditions, or a third party that contributed to the accident.
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 Long Island commercial motor vehicle accidents lawyer from Morelli Law Firm can collect evidence of the responsible party’s negligence when we represent you.
We Can File Your Case Before the Statutory Deadline
Once you determine who the liable party or parties are, you can choose to bring a civil action against them and demand compensation for your damages. You might first try to file an insurance claim with the at-fault party’s insurer in hopes of settling your case as quickly as possible. However, this stage might require extensive negotiations, which may involve presenting evidence to prove the severity of your injuries to the insurance company and that their client caused the accident.
The at-fault party’s insurer might attempt to drag out negotiations with the hope that you will agree to a low settlement offer. If the responsible party’s insurance company refuses to make you a fair offer, you may be able to file a lawsuit against them and take your case to trial.
In New York, New York Civil Practice Law and Rules (CVP) §214 generally gives plaintiffs 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 a plaintiff fails to file their case within the statute of limitations, they might lose their opportunity to pursue compensation via a lawsuit. In order to protect your right to sue, Morelli Law Firm encourages you to get started on your case as soon as possible. Call us today at (212) 751-9800 for a free case review with a member of our team.
Long Island Commercial Motor Vehicle Accident Lawyer Near Me 877-751-9800
Fighting for Compensation
Whether you choose to pursue compensation through an insurance claim or a personal injury lawsuit, you should evaluate the types of damages you experienced so that you can estimate the value of your case.
Morelli Law Firm can review your case during a free consultation to assess the damages you might be able to pursue on a general level. However, 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, you might be able to receive compensation for the following types of damages in a personal injury claim:
- Costs for medical treatment, such as doctor’s appointments, surgeries, and diagnostic tests
- Costs for property repairs or replacement
- Costs for transportation if you needed to rent a vehicle while yours was being repaired or replaced
- The income you lost while healing from your injuries or being without transportation
- Reduced earning capacity if your injuries affect your ability to work as you did before the accident occurred
- Pain and suffering
- Mental anguish or trauma
If you lost a loved one in an accident with a commercial motor vehicle, you might be eligible to file a wrongful death lawsuit and pursue a different set of damages related to your loved one’s loss. These damages might include:
- Funeral expenses
- Burial or cremation expenses
- Loss of consortium
- Loss of companionship
- Loss of parental guidance
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, help is available.
A Long Island commercial motor vehicle accidents 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.
Let Morelli Law Firm take the legal burden off of your shoulders and manage your case for you. Simply call (212) 751-9800 to speak with a team member about your case in a free, no-obligation case review.