Large truck collisions can cause devastating injuries that have lifelong effects. Many semi-truck accident victims, tragically, do not survive their crash.
TonaLaw is here for any victims of an accident with a large truck or another commercial vehicle. We understand the hardship and the heartache that can come from trying to have your personal injury claim honored. You may feel pressured to simply file for your basic economic injury under your no-fault claim, but if you have sustained a serious injury and one or more parties might be liable, you owe it to yourself to see what a liability claim could provide for you and your family.
If you have been hurt or a close family member has been killed in an accident with a semi-truck, tractor-trailer, tanker, or another heavy commercial motor vehicle, you deserve to know about your rights to compensation. You can speak with a large truck accident lawyer in Long Island to explore your legal options and determine the optimal way to pursue the maximum amount of compensation available to you under the law.
Schedule a free, no-obligation consultation with a Long Island truck accident attorney now to see what legal strategies you have available. Simply call 1-844-TONALAW or contact us online.
When You Can Sue for Negligence After a Truck Accident Injury in New York?
New York state law provides a no-fault insurance remedy system to cover the majority of accidents. These no-fault policies provide coverage to the policyholder in the event they are injured, regardless of the circumstances.
TonaLaw provides representation for no-fault claims to expedite your claim, represent it accurately, and ensure that you are seeking the full amount of compensation available to repay your damages.
A no-fault claim covers:
- Most medical treatment costs, including physical therapy and psychiatric counseling, with certain deductions applying
- Lost wages up to $2,000 per month for a period of up to three years, with certain deductions applying
- Out-of-pocket expenses up to $25 a day related to the accident or your treatment, for a period of up to one year
However, injury victims should consider their options for pursuing a third-party liability claim any time they are seriously hurt. New York law allows for truck accident victims who have sustained a “serious injury” to pursue a personal injury claim against any at-fault parties. These liability claims can provide additional coverage not offered under no-fault claims, such as compensation for your pain and suffering.
Under New York law, a qualifying “serious injury” refers to one where it leads to:
- Dismemberment or amputation
- A bone fracture
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body function, organ, system, or member
- Permanent limited use of a body organ or member
- Significantly limited use of a body function or system
- A medically determined injury or impairment of a non-permanent nature which prevents you from performing your usual and customary daily activities for 90 days or more
Any of these injury types can lead to significant losses that may not be accounted for through a no-fault claim alone. No-fault policy payouts cap at $50,000, while liability policies can often provide far more coverage for more substantial losses. Employers representing the truck driver who hit you may also have additional coverages available that can allow you and your family to fully recover all of your damages resulting from the accident.
Who Is at Fault for My Truck Accident Injury?
The fault is often weighed after a collision by considering if one or more parties were negligent. The legal theory of negligence tests whether a party breached their duty of care to prevent causing harm to others, resulting in an injury that caused financial losses and other damages to the victim.
A “breach” in a duty of care can refer to many contributing factors in a large truck collision, including:
- Driving under the influence of drugs, prescriptions, or alcohol
- Driving while fatigued
- Failure to yield
- Failure to obey posted traffic signals
- Driver inattention
- Distracted driving
- Poor hiring and training
- Failure to maintain the vehicle
- Failure to conduct oversight over driver practices
Truck drivers represent their employer, allowing truck accident injury victims to pursue a liability claim against the trucking company in certain instances. The company responsible for maintaining the vehicle or the trailer used could also be found liable.
Evidence that an employer could have prevented the breach in the duty of care can often help strengthen a case. For instance, if a shipping company did not conduct oversight over whether their driver was accurately logging their hours of service, then that could be evidence that the driver was not only fatigued but also likely to become fatigued because they regularly drove too often.
These cases can involve complex legal concepts encompassing state law, federal law, federal regulations, municipal code, and other factors. There may also be multiple defendants or co-occurring claims. As a result, injury victims can often benefit from having an experienced truck accident lawyer represent them and build a strong claim.
Worked with an Experienced Long Island Truck Accident Lawyer Team
The attorneys at TonaLaw have the knowledge, skill, and experience to help you seek all of the compensation you and your family deserve after your devastating trucking accident. We document the full extent of your damages and vigorously pursue all potentially liable parties, giving your case the highest chances of success.
TonaLaw is a no-fee law firm – We get paid when we win your case!
Speak to one of our truck accident attorneys in Long Island for free to find out more about what your case could be worth. To schedule your free, confidential, no-obligation consultation now, call 1-844-TONALAW or contact us online.