Construction trucks are constantly on the move on job sites in Mount Vernon. They have to share the road with other vehicles. Sometimes they crash into people, and the results are not good for people in smaller vehicles. They’re even worse when they crush a worker or a pedestrian.
If you’ve been hurt in a construction truck accident or you’ve lost a loved one in one, turn to our Mount Vernon personal injury lawyers for help. Our dedicated team of construction accident lawyers will work hard to get you compensation for what happened. Here’s how.
Legal Options After a Construction Truck Accident
There are lots of situations where someone could get in a construction truck accident. Let’s look at three situations.
Injured on the Job
If you were injured on the job, the primary way to get compensation is through workers’ compensation. Normally you cannot sue your employer if you get injured on the job. However, there are exceptions, like if a driver deliberately harmed you with their vehicle.
Another way you could sue is if the driver of the vehicle worked for a different company. If so, you could file a third-party lawsuit against that company. You can still claim workers’ compensation even if you have another lawsuit. There are many damages that don’t get covered by workers’ comp.
Injured on the Road
If you’re injured on the road, your PIP coverage may cover some of your damages. New York is a no-fault state, so injured drivers use their own insurance to compensate for claims. However, if your injuries are serious enough, you can bypass the no-fault system.
Our Mount Vernon construction truck accident lawyers know the standards to meet in order to qualify. Since construction vehicles are so heavy, it’s likely you’ve suffered an injury serious enough to meet the standard. If you haven’t, we can still help you with your PIP claim.
Fatal Construction Truck Accidents
Whether on the job or on the road, family survivors of people killed by construction vehicles can also make claims for wrongful death. Both workers’ comp and PIP benefits have death benefits, but these may not be enough to cover everything you’re entitled to get by law.
Morelli Law knows how to construct a strong case for wrongful death. We will help you get all the damages you’re owed, not just the ones you can get through workers’ comp and PIP coverage. Speak with our lawyers about your wrongful death claim and we’ll explain your options.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Who Can Be Liable After a Construction Truck Accident?
Multiple parties could hold legal liability after a construction truck accident. The driver is the first party to carry a degree of fault, but there may be others. The more liable parties there are, the greater your chances of compensation.
Common defendants in construction accident cases include:
- The driver of the construction truck
- The employer of the driver
- The company that built or maintained the vehicle
- The company that loaded the vehicle
- The parties involved in maintaining road safety
The most common parties to start with are the truck driver and their employer. Drivers bear responsibility if they act negligently and cause a crash. Reckless driving, drunk driving, breaking road regulations, and similar acts can form the foundation of a lawsuit.
Employers of drivers must make sure that they screen their employees for proper training and ensure their training is up to date. They also may share responsibility because they share vicarious liability for their driver’s actions.
What Happens if I Share Responsibility?
There is a chance that you may also share some of the responsibility. Does that mean you cannot collect damages? No. In New York, they use a rule called pure comparative negligence to divide fault in cases. As long as you are not 100% responsible, you can collect damages from the defendant.
However, your percentage of fault reduces the compensation you win by that amount. If you have 80% of the fault and still win $100,000, you will only receive $20,000. Therefore, you need to have a Mount Vernon construction truck accident lawyer to help you counter claims you share responsibility for your accident.
Get Help From Our Lawyers
If you do not have a lawyer when you start your claim, you have a significant disadvantage. The insurance companies know the laws and how to use them against your claim. They may use tactics to force you to take a settlement that’s less than you deserve, or deny you completely.
By hiring a lawyer, you get help with:
- Starting your case on time and properly with the insurers and the courts
- Identifying who the liable parties are
- Getting evidence to prove the value of your case
- Represent you in court
- Perform an investigation to prove negligence
- Protect your rights throughout the process
- Answer all your questions
- Provide legal advice to prevent you from making mistakes
Trying to do these things while coping with your injuries is more of a burden than you should have to deal with. Once you have a lawyer, you can turn your attention to recovery while we work on your case. Morelli Law has the resources to take your case to a successful conclusion. We’ve helped victims win over a billion dollars over our decades of service.
Call the Offices of Morelli Law Now
Any accident involving a construction accident has a high risk of extreme injuries or death. If you or a family member have been involved in one, contact our construction truck accident lawyers in Mount Vernon for a free consultation.
We can help you with your case through pursuing an insurance claim or a lawsuit against the people who caused you harm. All our services are free unless you win compensation with our help, so there is no financial risk to you for reaching out to us. Learn your legal options after a construction accident by calling Morelli Law now to get your free consultation and case evaluation.