When a truck crashes, many other cars can be swept up in the wake of the disaster. These accidents often involve multiple cars and multiple drivers and passengers, but even in crashes where only one other car is involved, people can still be seriously hurt.
New York law makes it harder for injury victims to sue after a truck accident, and trucking companies do what they can to avoid liability anyway. However, our lawyers will fight for you and work to get you full damages after a truck accident.
For a free case review, call The Martello Law Firm’s truck accident attorneys at (914) 685-6950 today.
Can You Sue a Trucking Company for Injuries in a Port Chester Truck Accident?
If a driver hit you while they were working for a larger trucking company, you might be able to sue them for your accident. However, there are some factors to consider first:
Was the Driver at Fault?
If the truck driver was not actually the one who caused your crash in the first place, then you would not be able to sue them or the company they work for – at least not in their role as the trucker’s employer. For example, many crashes are caused by other drivers cutting across a truck’s path, causing the trucker to crash or swerve to avoid a crash, resulting in a secondary accident behind them or next to them. In one of these cases, you might consider filing your case against the other driver who caused the chain of events.
Was the Trucker an Employee?
Under New York law, our truck accident lawyers can typically only file a claim against a trucking company in their role as the driver’s employer if there was an employer-employee relationship. Some truckers work as independent contractors and are, therefore, their own bosses. Others are simply independent owner-operators and have no “boss” to speak of, working directly with clients or contracting with other companies.
In these setups, the trucking companies and other transportation companies seek to insulate themselves from lawsuits by not actually “hiring” these drivers. In many cases, this setup does offer some legal protection, and you have to stick to a claim against the trucker alone. However, self-employed drivers usually have insurance to cover your accident, rather than forcing you to rely on the individual to be able to afford your damages.
Was the Trucking Company at Fault?
Sometimes the trucking company bears direct responsibility for a crash, even if the crash was caused primarily by another driver instead of their trucker. In these cases, problems with the vehicle itself – owned by the trucking company – might have contributed to the accident. Sometimes the trucker is just as much of a victim as you are, and the trucking company would bear direct responsibility for the accident.
Were Your Injuries Serious?
In any auto accident case in New York, the right to sue is actually restricted unless you have “serious injuries.” The definition of serious injuries includes many permanent injuries and injuries that will affect your daily living for 90 of the following 180 days (not necessarily sequential). There are also specific injuries on the list, such as a lost fetus or a broken bone.
If your injuries are not serious, you must rely on your no-fault insurance. In a claim with your own insurance company, you can typically get a portion of your medical bills and lost wages paid without needing to prove any fault in the crash. However, you will always leave damages on the table this way because you cannot get compensated for pain and suffering. You will also have to pay deductibles and can get only a certain percentage of your damages covered.
If your injuries do meet this serious injury requirement, you can file a lawsuit or third-party insurance claim against the at-fault trucker or other driver, as well as the trucking company, when appropriate.
Evidence to Collect for a Truck Accident Lawsuit in Port Chester, NY
Truck accidents often leave a lot of evidence that you can use to help prove your case. This will usually come in a few different forms and categories, which our lawyers can help you discover, collect, and prepare for court:
Witness Testimony
Anyone who saw the accident can be asked to testify as to what they saw. This helps build the basic picture of what happened and helps us show what the truck driver did wrong to cause the accident in the first place.
You are also a witness to your own crash and can testify about what you saw, what happened, and what you did right to help emphasize what the other driver did wrong. However, you cannot testify as to things you are assuming based on what you witnessed or things you were told by other people later, with the exception that you can relay any statements made by the other driver and certain other “acceptable” hearsay evidence.
Photos and Documentary Evidence of the Crash
You can take photos of the accident if you have a working cell phone or camera handy after the crash. These photos are exceptional evidence of the damage, the location where the accident happened, the way the vehicles collided, and more.
If there was video of the accident from a local security camera or a vehicle’s onboard camera, then getting a copy of that footage will also help. Other documentation, diagrams, and reports prepared by police officers responding to the accident can also help us at least get a diagram of the accident.
Medical Records
Records from your medical care will show what your injuries were and how bad they were, helping us argue for high pain and suffering damages.
Bills
Virtually any expenses you face because of the accident can be claimed as damages, so you should save all bills and receipts after an accident.
Call Our Truck Accident Attorneys Today
After a crash, call the truck accident lawyers at The Martello Law Firm by dialing (914) 685-6950.
