Accidents involving Walmart freight trucks almost always lead to devastating injuries and fatalities. For victims who survive, the injuries linger for years after the incident. But for those who don’t survive the truck collision, the impact of their demise can be lifelong as family members and loved ones can continue to mourn their loss.
Recent reports from the Federal Motor Carrier Safety Administration (FMCSA) show that Walmart trucks have been involved in 550+ accidents resulting in almost 170 injuries and 17 deaths. In many instances, the accidents could have been prevented if the drivers and other associated parties weren’t negligent.
If you or a loved one has sustained catastrophic injuries from Walmart freight trucks, Morelli Law Firm’s Walmart truck accident attorneys in Mount Vernon, NY, can help you pursue compensation and recover your losses.
Proving Negligence In A Mount Vernon Truck Accident Case
Filing a compensation claim in New York often means showing that the other involved parties were wholly or partly responsible for the crash. And a critical component of this process is establishing negligence.
You’ll have to show that the trucker, and/or other parties, through their actions, inactions, or mistakes caused your accident. To do this, you’ll have to first ascertain that the four elements of proving negligence were present:
Duty Of Care
Every road user is required to act in a manner that is reasonably safe. This means obeying traffic laws, staying under the speed limits, and driving carefully. For instance, Walmart truckers are expected to transport cargo while traveling at safe speeds and without putting other road users at risk.
Breach Of Duty
Truckers who ignore traffic rules, disregard safe road usage practices, drive recklessly, or put other road users in danger basically breach this duty. For example, if a Walmart truck driver travels at dangerously high speeds, abruptly weaves in and out of lanes without signaling first, or rides the fender of the vehicle in front, that driver endangers everyone else on the road.
Causation
This is when those reckless actions lead to accidents and serious injuries. An example of this is if a Walmart tucker exceeds the speed limits and rams into another vehicle that’s traveling at the recommended speed limits.
Damages
These are the losses that arise from the accident caused by the trucker’s reckless or negligent actions. For example, the accident leads to brain damage, the death of victims, or property damage.
Once there’s proof that these elements are present, your Walmart truck crash attorney will then proceed to identify the liable parties. This is very crucial to the final settlement that you’ll receive.
Establishing Liability In A Walmart Truck Accident In Mount Vernon
Victims who are interested in filing truck accident claims often assume that the driver is the only liable party. While it’s possible that the trucker might be entirely at fault, it doesn’t hurt to identify other liable parties, if there are any.
This is because more parties translate into higher settlement amounts. Some of the parties that our experienced Mount Vernon Walmart truck accident attorneys often investigate for culpability include:
- The trucker
- Walmart (driver shortage has led to the hiring of inexperienced truck drivers)
- Individuals and companies responsible for the truck’s safety and maintenance
- The truck’s parts manufacturer
- A third-party vehicle at the scene (necessary in a multiple vehicle crash incident)
Your lawyer also has to find out the root cause of the accident. For instance, if a trucker veered into oncoming traffic because they were fatigued, the lawyer will look for the reason why they were fatigued in the first place, seeing as drivers have recommended hours of service that they’re required to stick to.
The number of liable parties plus the real cause of the accident contribute to a longer timeframe in which you can get your settlement. This is why Walmart truck accident cases typically take longer to resolve.
If you have any questions about establishing liability in a Walmart truck accident case, our attorneys can answer them.
Mount Vernon Walmart Truck Accident Lawyer Near Me 877-751-9800
Pure Comparative Negligence And Its Role In Your Compensation
Sometimes, crashes between semi trucks and smaller vehicles are caused by the injured victim. A good example of this is brake-checking a fully loaded truck that’s traveling at 55 mph from a 50-yard distance—a recipe for disaster.
Even if the truck hits your fender, and is technically at fault, you’ll also be held responsible.
While your lawyer will do their best to get you significant sums of money from your 18-wheeler accident injury claim, the reality is that money may be limited by your role in the crash.
However, because New York is a pure comparative negligence state, you will still get some money, regardless of the degree to which you were at fault. For example, if the court awards a settlement of $100,000, but determines that you were 70% responsible for the crash, you will receive $30,000.
This is different from many other states that have a contributory negligence rule that prevents you from receiving anything if you’re 51% responsible for the crash.
What Damages Can You Recover From A Truck Collision Claim In Mount Vernon, NY?
Victims of a Walmart truck wreck in Mount Vernon can collect the following damages:
- Loss of income
- Medical expenses
- Reduced ability to earn an income in the future
- Property losses or damages
- Pain and suffering
- Mental anguish
- Emotional distress
- Temporary or permanent disability
- Scarring or disfigurement
- Loss of or diminished quality of life
- Loss of consortium
- Loss of companionship
- Funeral expenses
- Medical expenses up till the time of death
- Loss of future income
The last three are usually claimed in the event of a wrongful death—the victim dies from their injuries. These damages are largely classified as economic and non-economic damages.
There’s also a rare third group of damages that you may be able to claim: punitive damages. These are awarded where there’s a clear demonstration of malicious intent and activity. Punitive damages are often awarded to punish the errant drivers and prevent others from repeating the same thing.
Talk To An Experienced Mount Vernon Truck Accident Attorney
Our Mount Vernon Walmart truck accident lawyers can help you get the maximum settlement possible. We have a lot of experience in cases like this and have won seven to eight-figure settlements for our clients—the most notable being the Tracy Morgan case.
If you want very competent and skilled legal representation or just want to discuss your Mount Vernon Walmart truck crash case, get in touch with us at Morelli Law Firm for a free case evaluation today.