Who Can I Sue For Truck Accident Injury?

If you suffer a severe injury in a truck accident, you may be eligible to file a claim with the at-fault party and their insurance company. However, because of New York’s no-fault laws and the complexities of pursuing damages beyond what you would receive with no-fault insurance, it’s highly recommended to contact a truck accident lawyer as soon as possible after your doctor examines you. An experienced attorney like the ones at Morelli Law can determine which parties you can sue and which insurers you can pursue to help you pay for your crash-related expenses and losses.

Before you file a lawsuit, your sue for truck accident injury will carefully examine the evidence in your case. This includes any medical and police reports, witness statements, and physical and forensic evidence at the scene of the accident, including photos and videos. Your lawyer will also gather your financial losses and other costs associated with your injuries, which are known as “damages.”

Economic damages include the tangible costs related to your accident, such as medical bills and property damage. Non-economic damages are more subjective in nature and focus on your pain and suffering. They may include loss of enjoyment for hobbies and other activities you enjoyed before the accident, as well as effects on your relationships with loved ones.

In addition to the above, your lawyer can seek compensatory damages for wrongful death if you lost a family member in the crash. These include the loss of financial support and household contributions, as well as the emotional impacts of losing a spouse, parent, sibling, or child.

There are numerous reasons why trucks crash, but the most common is negligence. Trucking companies and drivers can be negligent in several ways, including fatigue, drug or alcohol use, failure to inspect their vehicles, or rushing to meet unreasonable delivery schedules. They can also be liable for crashes if they overload their vehicles or drive on icy or snowy roads.

Your lawyer can sue a trucking company for an accident caused by their employee’s negligence in either direct or indirect liability. To sue for direct liability, you must show the trucking company’s negligent actions led to your crash. This could include hiring an unqualified driver, failing to train their drivers, or even maintaining defective parts. Indirect (vicarious) liability requires that you prove the trucking company encouraged or allowed its employees to engage in dangerous conduct.

In the end, a successful lawsuit can lead to the compensation you deserve. However, this process is often long and complex, especially when it comes to a truck accident. Your attorney will thoroughly document all of your harm and tirelessly negotiate with liable parties to fight any claims that your damages are nonexistent or exaggerated. If negotiations are unsuccessful, your attorney will be ready to file a lawsuit and take your case to trial. If necessary, punitive damages may be awarded to punish the liable party for their conduct. This can be especially true if your injury was caused by an intentional act of malice or gross negligence.