In general, car accidents are caused by human error (distracted driving, speeding, etc.). Heavy-duty trucks are prone to accidents due to their size and because quick stops and proper turns are more difficult.

Nearly 10% of truck accidents are caused by defective parts like bad tires or brakes. Also, due to deadlines, truck drivers are more likely to drive fatigued and violate federal hours-of-service regulations.

Collisions between trucks and smaller vehicles also raise many legal and insurance concerns. Truck drivers are considered professional drivers, and they work for large companies that want to minimize their liability.

Truck accident victims can seek compensation from the at-fault driver for the losses they suffered as a result of the crash. Depending on your case, you may be entitled to compensation for the following:

• Medical bills
• Pain and suffering
• Emotional distress
• Reduced quality of life
• Lost wages
• Diminished earning capacity
• Property damage

 
You may qualify for punitive damages if the at-fault driver displayed gross negligence, like drunk driving. Also, in the event of a fatal truck collision, you can pursue a wrongful death claim.

In New York, you have three years from the date of the accident to file a claim; this applies to all personal injury and property damage claims. If a claim is being brought for wrongful death, it’s two years from the date of death.

Depending on whom the claim is against, the time to sue a municipality is significantly shorter, which is all the more reason to consult an attorney immediately after a truck accident.

New York’s comparative negligence rule states that an injured party will receive compensation based on the percentage of their fault in an accident. For example, if a jury finds you 10% at fault, the other driver would only have to pay 90% of your damages.

That said, our truck accident lawyers will work tirelessly to ensure the other party doesn’t assign you a higher percentage of fault.