Several different forms of negligence can lead to truck accidents. For instance, a crash may occur because a truck driver was speeding, drunk, or distracted. Furthermore, a collision may happen because a trucking company did not store cargo correctly or failed to perform proper maintenance on their vehicle.
In any case, victims of truck accidents may be able to pursue payment for the harm they incurred. There are several types of damages that may be compensated through truck accident lawsuits. However, defendants may utilize various strategies to dispute plaintiffs’ claims.
After suffering a truck accident in Clarkstown, NY, seek guidance from our experienced truck accident lawyers by calling The Martello Law Firm at (914) 685-6950.
Damages Available to Plaintiffs in Clarkstown Truck Accident Lawsuits
Plaintiffs in truck accident lawsuits can seek compensation for multiple types of damages. During a free evaluation of your potential case, our truck accident attorneys can explain which of the following damages may be pursued:
First, plaintiffs can obtain payment for any medical bills related to their truck accident injuries. This includes the cost of all past, current, and future treatment related to the harm they suffered. As an example, if you suffered a truck accident, you may acquire compensation for the cost of your ambulance ride, hospital bills, surgical treatment, physical therapy, and prescription medication.
Damages for medical expenses are usually established using your medical records and bills. Therefore, it is important that you see a doctor quickly after your truck accident. If you allow your injuries to heal without being documented by a physician, then you may be prevented from obtaining the full range of payment you deserve. Also, the defendant in your case may argue that a delay in treatment signifies that you were not badly injured.
Many truck accident injuries force victims to spend time away from their jobs during their recoveries. Thankfully, plaintiffs in truck accident cases can also pursue compensation for any lost income they suffer because of their injuries. These damages are typically calculated using injured workers’ average weekly wages.
Additionally, some truck accident injuries permanently restrict victims from performing their duties in the future. In such cases, plaintiffs may pursue payment for their lost earning capacity in the future. Still, claims for lost future wages can be highly complicated. Support from our legal team can be immensely valuable when establishing a claim for lost future earning capacity in your case.
Physical Pain and Emotional Distress
Truck accidents are likely to cause serious harm because of the size of vehicles involves. Victims regularly suffer excruciatingly painful injuries like broken bones, burns, spinal cord damage, and head injuries. Thankfully, plaintiffs in truck accident cases may pursue payment for the physical pain they experienced.
In addition to causing physical pain, many truck accident injuries produce high degrees of emotional distress. For instance, someone who suffers a traumatic brain injury may be incapable of engaging in their favorite hobbies after their crash. Furthermore, a victim with a spinal cord injury may have trouble participating in meaningful relations with friends and family members. In such cases, plaintiffs can also pursue financial compensation for the emotional suffering caused by their injuries.
Also, many types of out-of-pocket expenses may be compensated through truck accident lawsuits. For instance, a plaintiff may need to pay for help with child care while recovering from their injuries. Additionally, they may incur costs for transportation to and from medical appointments and court proceedings. Thankfully, these expenses could be included in the plaintiffs’ claim against the at-fault party.
Damages for out-of-pocket expenses can usually be established using financial records such as bank statements and receipts. Accordingly, you should preserve the receipts for any costs you incur because of your truck accident injuries.
Finally, you may also recover financial compensation for any property damage caused by your truck accident. For instance, if your car was crushed because of an accident caused by a speeding truck driver, you may file a lawsuit against them seeking the cost of your vehicle’s repair or replacement.
Some defendants in truck accident cases dispute the source of plaintiffs’ property damage. For instance, the defendant in your case may assert that your car was actually damaged by some subsequent accident. Therefore, you should attempt to take a photo of your damaged vehicle in the immediate aftermath of your crash if possible. Such a photo can be used to establish the property damage caused by the truck accident at issue.
What if You Share Some of the Fault for Your Truck Accident in Clarkstown, NY?
There are some situations where fault for truck accidents can be shared. For example, a speeding motorist may be struck by a truck driver who ran a red light. In that case, fault would be split between both parties to the accident.
If you share some of the blame for your truck accident in Clarkstown, NY, you may still pursue financial compensation for your injuries. However, the damages you can recover in a truck accident lawsuit will be limited.
New York courts abide by the rules of pure comparative fault. This means that damages are awarded based on parties’ percentages of blame. As an example, if you are 15% at fault for your accident while the defendant is 85% responsible, then they will have to pay for 85% of the damages caused by your accident while you must account for the leftover 15%.
In some other states, you are barred from recovering damages if you are over 50% responsible for your crash. However, no such rule exists in New York. Even if you are mostly responsible for your truck accident, you may still be able to recover payment for the damages you incurred.
Truck Accident Victims in Clarkstown, NY, Can Call Our Law Firm for Help
If you suffered a truck accident in Clarkstown, get support from our experienced truck accident lawyers at The Martello Law Firm by calling (914) 685-6950 to review your potential claim for free.