New York Truck Accident FAQ"s
If you or a loved one has been in an accident that involved a large tractor trailer or some other type of commercial truck, you probably have a number of questions or concerns. The following questions and answers are provided in an effort to respond to some of the more common inquiries that are made to a typical truck accidents lawyer in New York.
From a legal standpoint, is there really a difference between a car accident and a truck accident?
Yes, there is a substantial difference between the two types of accidents (besides the obvious size difference of the vehicles involved). For instance, car accidents typically only have one defendant (the person you sue), while truck accidents can have many defendants across many states. Also, the lawsuits that stem from car accidents are generally brought in local state courts; however, truck accident lawsuits can take place in either a local state court or a Federal court. Furthermore, most car accidents typically don't require the use of an accident reconstructionist or any other type of expert; however, all accidents require a full investigation into all possible sources of liability, and they will probably involve the hiring of certain experts, to include accident reconstructionist and equipment experts.
If I'm hit by a commercial truck or van in New York, who can I sue?
You should utilize the services of a truck accidents lawyers when trying to determine who is at fault and who needs to be sued in any accident case. This is important because New York is a pure comparative negligence state, and the attorney will need to explore everything and everybody involved. Pure comparative negligence means that you, as the injured party, have the right to be compensated even if you're partially at fault for the accident. In any commercial truck accident claim, there can be any number of possible liable parties, to include:
1. The truck and/or trailer owners
2. The rental and/or leasing company (if it was responsible for the care, upkeep, and repair of the tractor and/or trailer.
3. The truck driver
4. The manufacturer of the truck, cab, trailer, and/or any truck part if there was a defect in the design or manufacture of a part that contributed or caused the accident.
How am I going to prove who's at fault in an accident?
One of the first things that should be done in any van, or bus accident case is to make sure that all evidence is protected and preserved. In order to do this, your accidents attorney will need to send out a notification letter (which is commonly known as a spoliation letter) immediately to all parties involved. The letter should demand that certain things be kept and unchanged with respect to the accident, such as the tractor, trailer and related equipment involved in the crash; any bills of lading for any goods being transported at the time; and the driver's full qualification file (as required by law).
What type of monetary relief can I get for my case?
In general, any personal injury attorney will tell you that there are three areas of compensation: future and current medical bills and expenses; future and current lost wages; and human loss (such as emotional distress, pain and suffering, etc. if the state threshold is met).
If you or a loved one has been involved in a vehical accident, and you have additional questions or concerns about your case, you should speak to an attorney as soon as possible. It is crucial for you to do so quickly in order to preserve your rights and obtain the compensation that you deserve.
Yes, there is a substantial difference between the two types of accidents (besides the obvious size difference of the vehicles involved). For instance, car accidents typically only have one defendant (the person you sue), while truck accidents can have many defendants across many states. Also, the lawsuits that stem from car accidents are generally brought in local state courts; however, truck accident lawsuits can take place in either a local state court or a Federal court. Furthermore, most car accidents typically don't require the use of an accident reconstructionist or any other type of expert; however, all accidents require a full investigation into all possible sources of liability, and they will probably involve the hiring of certain experts, to include accident reconstructionist and equipment experts.
You should utilize the services of a truck accidents lawyers when trying to determine who is at fault and who needs to be sued in any accident case. This is important because New York is a pure comparative negligence state, and the attorney will need to explore everything and everybody involved. Pure comparative negligence means that you, as the injured party, have the right to be compensated even if you're partially at fault for the accident. In any commercial truck accident claim, there can be any number of possible liable parties, to include:
1. The truck and/or trailer owners
2. The rental and/or leasing company (if it was responsible for the care, upkeep, and repair of the tractor and/or trailer.
3. The truck driver
4. The manufacturer of the truck, cab, trailer, and/or any truck part if there was a defect in the design or manufacture of a part that contributed or caused the accident.
One of the first things that should be done in any van, or bus accident case is to make sure that all evidence is protected and preserved. In order to do this, your accidents attorney will need to send out a notification letter (which is commonly known as a spoliation letter) immediately to all parties involved. The letter should demand that certain things be kept and unchanged with respect to the accident, such as the tractor, trailer and related equipment involved in the crash; any bills of lading for any goods being transported at the time; and the driver's full qualification file (as required by law).
In general, any personal injury attorney will tell you that there are three areas of compensation: future and current medical bills and expenses; future and current lost wages; and human loss (such as emotional distress, pain and suffering, etc. if the state threshold is met).
If you or a loved one has been involved in a vehical accident, and you have additional questions or concerns about your case, you should speak to an attorney as soon as possible. It is crucial for you to do so quickly in order to preserve your rights and obtain the compensation that you deserve.
