Truck accident cases should be approached somewhat differently than standard car accident cases so that victims have a greater chance of recovery in Cortlandt.
In truck accident claims, a victim’s personal injury protection (PIP) insurance will likely cover their injuries unless they can prove that they meet the serious injury threshold in Cortlandt. Several parties might share liability for a victim’s injuries, depending on the circumstances of the truck accident. Because such incidents often result in life-changing injuries, reporting collisions to the police is often required. Filing deadlines might differ substantially depending on who the at-fault party is in your case. Fortunately, recovery of economic, non-economic, and punitive damages is not limited for victims of truck accidents in Cortlandt.
To schedule a free discussion of your case with our Cortlandt, NY truck accident lawyers, call The Martello Law Firm, PLLC now at (914) 685-6950.
What to Know About Truck Accident Claims in Cortlandt, NY
Although both are vehicle accidents, collisions involving trucks tend to differ from those solely involving passenger cars. Understanding how to navigate truck accidents is crucial, especially if you recently sustained injuries in such a collision in Cortlandt.
Serious Injury Threshold May Apply
Any motor vehicle accident, including those caused by commercial semi trucks, typically involves a person’s personal injury protection insurance. In Cortlandt and throughout New York, a victim’s PIP coverage applies nearly any time they are hurt in a truck accident, whether injured as a driver, passenger, bicyclist, or pedestrian. If you were struck while riding your motorcycle, your PIP will not cover your injuries. Because of the relationship between PIP and auto accidents, victims can only sue for injury if their injuries are severe enough. Our truck accident lawyers can assess your medical records and compare your diagnoses to New York’s definition of serious injury to confirm your ability to pursue litigation. Because truck accidents are often severe, victims can typically file compensation claims against negligent parties in Cortlandt. Injuries that may qualify a victim to sue include traumatic brain injuries, spinal cord injuries, broken bones, loss of a limb, and loss of a fetus, among many others.
Several Parties May Be Liable
Another unique aspect of truck accidents is that several parties often share liability for a victim’s injuries. For example, suppose you were hurt in an accident involving a truck owned by a private trucking company or transporter of goods. In such situations, the operator of the truck might be partially liable for your injuries, as might their employer. Employers often share liability for damages caused by their employees while operating within the scope of their employment in Cortlandt.
When damages in truck accidents are expensive, negligent parties might attempt to argue that victims share fault for their injuries. If defendants are successful, victims might see their awarded damages reduced because of New York’s pure comparative fault laws. Because of this, gathering ample evidence of fault against the party or parties that caused your injuries is of the utmost importance.
Reporting is Often Required
Collisions involving trucks often injure victims, meaning reporting of accidents is typically required. Depending on the location of your accident in Cortlandt, you might notify either the New York State Police or the Westchester County Police. Officers can record important information about the incident in a police report, including apparent property damage or injuries to victims. If you do not report your accident right away, you will have ten days to do so. That said, reporting after the fact does not strengthen claims as significantly as immediate reporting often does.
Filing Deadlines Could Differ
While many truck accidents involve private trucking companies or other businesses, some involve government agencies. For example, government workers transporting materials for a job might act negligently and cause an accident in Cortlandt. Should this happen to you, it is important to understand that you will likely be beholden to a different filing deadline. Any truck accident claim against a private person or company in Cortlandt can be brought within three years of the incident. Any claim brought against a government agency in New York must be initiated 90 days after the accident. Suppose you do not file your notice of a claim within that window. In that case, you might be unable to recover compensatory damages if your truck accident case is against a government worker or entity. Similarly, you will be barred from recovery if you do not file your case against a private trucking company or truck driver within three years.
Recovery is Unlimited
In all truck accident cases in Cortlandt, recovery is unlimited. This includes recovery of compensatory damages and punitive damages. This can allow victims with severe physical injuries to recover compensation for economic damages related to their medical care and lost wages. Other out-of-pocket expenses can also be covered with financial damages awarded in a truck accident claim. Similarly, there is no cap on recovery of non-economic damages for victims of truck crashes in Cortlandt. So, when victims prove that they have experienced pain and suffering, they can recover compensation for those non-pecuniary losses as well.
The same is true for the recovery of punitive damages. Now, it is important that victims understand that punitive damages are only available in rare situations and are used to further punish a defendant for their grossly negligent acts. Because of that, recovery of punitive damages might be possible if a truck driver was under the influence of drugs or alcohol at the time of an accident or if the company that employed them was aware of their lack of qualifications or failed to properly maintain their vehicles, leading to a victim sustaining life-altering injuries in Cortlandt.
Call Our Cortlandt, NY Attorneys About Your Truck Accident Case Today
For help with your case from The Martello Law Firm, PLLC, call our truck accident lawyers today at (914) 685-6950.