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Truck Accident Claims: What Damages Can You Recover?

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In truck accident claims, you can seek compensation for both economic and non-economic damages.

  • Economic damages: Economic damages cover losses such as medical bills, medication costs, transportation to medical facilities, ongoing nursing care, property damage, lost wages, loss of future wages, and funeral expenses.
  • Non-economic damages: These are more personal, for example, how the accident affected you emotionally. This includes pain, emotional distress, disfigurement, reputational damage, worsening of pre-existing injuries, loss of consortium, and loss of enjoyment.

If you get in a truck accident in the Bronx, Manhattan, Queens, Brooklyn, and the New York City Metro Area, contact Uptown Injury Law, PLLC, for a free case evaluation. We are here to guide you through the process and help you secure the best compensation you deserve.

What Type of Compensation Can You Get in Truck Accident Cases?

In truck accident cases, you can seek compensation for various damages, including medical costs, property damage, lost income, pain and suffering, and, in severe cases, punitive damages. Truck accident victims can get both economic and non-economic damages to deal with the financial and emotional impact of the accident.

Medical Bills for Treating Your Injuries

A truck accident can result in serious physical injuries, and dealing with medical bills is a big part of the aftermath. Here’s a breakdown of what you might be able to recover:

  • Hospital Bills: The costs of emergency room visits and hospital stays.
  • Ongoing Medical Care and Treatment: Expenses for follow-up visits, surgeries, or any ongoing medical attention you need.
  • Ambulance Bills: The charges for getting you to the hospital quickly and safely.
  • Rehabilitation and Therapy: Costs associated with recovery, such as sessions for physical therapy to regain strength and mobility.
  • Ongoing Nursing Care: If you need nursing assistance during your recovery, those expenses are covered, too.
  • Future Medical Expenses: Sometimes, injuries may have long-term effects. You can claim for future medical costs, too.

Damage to Property or Personal Belongings

A truck accident is not just about injuries—property damage can be a significant concern. Here’s a detailed look at what you might be able to recover:

  • Vehicle Repair or Replacement: If your car or personal belongings were damaged in the accident, you can seek compensation for fixing or replacing them.
  • Rental Expenses: If you had to rent a vehicle while yours was being repaired, those costs can be part of your claim.
  • Towing Service: The fees for towing your damaged vehicle away from the accident scene can be included.
  • Damage to Personal Belongings: If items inside your vehicle got damaged in the accident (like a laptop or phone), you may be able to claim for their repair or replacement.

Lost Wages or Earnings Due to Missed Work

When a truck accident forces you to miss work, you’re not left to handle the financial strain alone. You can claim for:

  • Lost Wages: You can seek compensation for the income you would have earned during the time you couldn’t work because of the accident.
  • Missed Work Days: Compensation covers the specific days you could not work because of injuries sustained in the accident.
  • Sick Leave or Vacation Days: If you had to use your accrued leave due to the accident, you may be entitled to compensation for these days.

To make a strong case for lost wages, keep records of your work schedule, pay stubs, and any communication with your employer about the time you missed due to the accident.

Loss of Future Earning Capacity 

Sometimes, a truck accident can lead to permanent injuries, like physical disabilities, disfigurement, or even paralysis. This could mean you may never be able to work in your current job again. Here’s why loss of future earning capacity is a critical aspect of compensation:

  • Permanent Disability Benefits: Compensation for the long-term impact of your injuries on your ability to work and earn a living.
  • Loss of Earning Capacity: If your injuries block you from going back to your old job or pursuing your chosen career, you might be able to get compensation for the loss of future earning potential.
  • Ongoing Costs: Permanent injuries often require ongoing medical care and additional expenses, which need to be considered in compensation for the future.
  • Adaptation Expenses: Changes to your lifestyle, home, or vehicle to accommodate disabilities may require financial adjustments.

In such cases, it’s crucial to have documentation that demonstrates the permanency and severity of your injuries. This might include medical records, expert opinions, and vocational assessments. Building a robust case helps ensure that you’re sufficiently compensated for the long-term impact on your ability to earn a living.

Pain and Suffering Damages

Accidents not only bring physical injuries but also emotional and mental distress. Regarding pain and suffering damages following a truck accident, you can recover non-economic damages, including:

  • Physical Pain: Compensation for physical discomfort and suffering caused by injuries sustained in the accident.
  • Emotional Distress: Recognition of the psychological impact, including anxiety, depression, and other emotional challenges resulting from the accident.
  • Feeling of Embarrassment: Compensation for any feelings of embarrassment or loss of dignity caused by the accident.
  • Disfigurement: If the accident led to changes in your appearance, you may be entitled to compensation for the emotional distress associated with disfigurement.
  • Reputational Damage: Compensation for harm to your personal or professional reputation resulting from the accident.
  • Worsening of Pre-existing Injuries: If the accident worsens existing health issues, you can claim for the increased pain and suffering caused by the worsening conditions.
  • Loss of Enjoyment: Compensation for no longer being able to participate in activities and hobbies you once found enjoyable.

Damages for the Wrongful Death of Your Loved One

Due to the large size and weight of trucks, accidents can be devastating and, tragically, sometimes result in the death of your loved one. In such heartbreaking situations, you can seek damages for:

  • Funeral and Burial Expenses: Compensation for laying your loved one to rest. 
  • Loss of Financial Support: If the deceased was the only breadwinner, compensation may cover the economic support they provided to the family.
  • Loss of Consortium: This includes the emotional and familial support that the deceased would have provided, addressing the impact on relationships within the family.
  • Emotional Distress: Compensation for the psychological pain and suffering encountered by surviving family members due to the wrongful death.

Though no amount can truly make up for the loss, seeking damages offers financial support during a difficult time and holds the responsible parties accountable.

Punitive Damages to Punish the Negligent Party

In some cases, if the truck driver’s negligence in an accident is extremely severe, the court might grant punitive damages. These damages act as both punishment and a deterrent and you can pursue them if:

  • Gross Negligence: The at-fault party showed reckless disregard for safety beyond common negligence.
  • Willful Misconduct: The actions leading to the accident were intentional, showing a deliberate choice to ignore safety rules or regulations.
  • Malicious Intent: If the at-fault party acted with harmful intent.

Punitive damages serve to prevent similar behavior and hold the negligent party responsible. However, not every case qualifies for punitive damages; their eligibility depends on the accident’s specifics. Seeking the advice of a knowledgeable accident attorney can help determine if punitive damages apply in your case.

Dangers of Truck Crashes in New York

Large truck accidents in New York pose significant dangers, extending beyond just drivers. Trucks exceeding 10,000 pounds, including 18-wheelers, big rigs, and semi-trucks, can lead to catastrophic accidents. According to the Institute for Traffic Safety Management & Research (ITSMR), in 2021, there were 16,467 large truck accidents in New York.

These accidents often result in life-altering injuries, such as traumatic brain injuries, broken bones, and back injuries. Nationally, in 2022, there were 166,833 truck accidents in the United States, with approximately 2.8% resulting in fatalities. New York ranked among the top ten states for truck accidents, recording around 5,000 accidents with injuries in 2022.

Large truck accidents don’t just affect drivers; pedestrians, bicyclists, and motorcyclists also suffer. In 2021, ITSMR found that 149 pedestrians were hit by large trucks, 81 New York bicyclists faced serious injuries, and there were 48 accidents involving large trucks and motorcycles. It shows that these accidents can impact everyone on the road, not just those behind the wheel.

Tragically, in 2021, there were 88 fatal large truck crashes in New York. Shockingly, pedestrians accounted for over 10% of these fatal accidents. To keep everyone safe on the road, it’s crucial to be extra cautious around large trucks and take preventive measures seriously.

What Is the Process to File a Claim for Recovering Damages?

First, promptly seek medical attention for any injuries and create a medical record for your claim. After reporting the accident to the police and obtaining a copy of the report, take photos of the scene, damages, and injuries as evidence.

Next, you’ll need to file an insurance claim, but it’s not always a smooth process. These big trucking companies have teams of claims adjusters and lawyers working for them which aim to minimize your payout. You may face challenges as the insurance company tries to reduce or deny your rightful benefits to protect their profits.

Hiring a personal injury attorney, especially one experienced in truck accidents, can be immensely helpful. They’ll assess your damages, collect evidence, negotiate with insurance companies, and, if needed, initiate legal proceedings for fair compensation. Understanding New York’s legal system and adhering to timelines is critical to a successful claim for recovering damages after a truck accident.

At Uptown Injury, Law, PLLC, Our skilled attorneys specialize in truck accidents in New York. We understand that insurance settlements may not cover everything, and we aim to explore every option to ensure you’re fully compensated for your injuries and losses. Schedule a free consultation now at 917-540-8728.

Factors That Can Impact the Value of Your Truck Accident Claim

truck accidents

Several factors can influence the value of your truck accident claim in New York. Firstly, the extent of your injuries plays a crucial role. Severe injuries requiring comprehensive medical treatment and rehabilitation often lead to higher compensation.

Additionally, the impact on your daily life, such as the inability to work or perform routine tasks, contributes to the overall claim value. It’s crucial to consider any pre-existing conditions as well. The clarity in establishing how much of your current situation directly results from the truck accident influences the compensation calculation.

Furthermore, the age and occupation of the injured person also play a role; younger individuals with more earning potential may receive higher awards. A detailed account of how your life has been affected, including emotional distress and loss of enjoyment, helps present a comprehensive picture.

In New York, your role in the accident matters due to comparative negligence. If you share some fault, your compensation could be reduced proportionally. New York applies pure comparative negligence, letting you seek compensation even if mostly responsible, but the amount may decrease based on your percentage of fault.

When Should You File a Truck Accident Case?

You should file a truck accident case right after the accident. In New York, you generally have three years from the accident date to file a personal injury lawsuit. This time frame is known as the statute of limitations. Missing this deadline means losing your right to seek compensation for the accident.

Truck accidents often involve thorough investigations by big trucking insurance companies. These investigations can be time-consuming and may delay the resolution of your case. Starting the legal proceedings early allows your attorney to gather evidence, assess damages, and negotiate with insurance companies promptly.

How Do You Prove Liability in Truck Accident Cases?

Proving liability in truck accident cases involves gathering evidence to demonstrate that the truck driver or another party was responsible for the accident. This evidence typically includes the truck driver’s actions leading up to the crash, such as speeding, distracted driving, or violating traffic laws. Eyewitness testimony, police reports, and data from the truck’s onboard systems, like the black box, can provide crucial insights into the events leading to the accident.

Moreover, examining the truck driver’s qualifications and compliance with federal and state regulations is essential. This includes reviewing their driving record, hours of service logs, and adherence to weight restrictions and maintenance schedules. Any violations of these laws and regulations can establish responsibility on the part of the truck driver or their employer.

Additionally, investigating the trucking company’s practices and policies is crucial. This includes assessing their hiring and training procedures, supervision of drivers, and maintenance protocols. If the accident resulted from the trucking company’s negligence or failure to meet industry standards, they may be held liable.

Overall, proving liability in truck accident cases requires a careful investigation and collection of evidence to establish fault and hold the at-fault parties accountable for the damages and injuries that occurred.

How a Truck Accident Lawyer Helps You to Recover Your Damages?

personal injury lawsuit

A truck accident lawyer can play an important role in helping you recover damages after a traumatic incident. Firstly, they bring a wealth of legal expertise to handle the complexities linked with truck accident cases. From investigating the accident scene to collecting crucial evidence, such as black box data and witness statements, a skilled attorney ensures a comprehensive understanding of the circumstances leading to the accident.

Secondly, a truck accident lawyer serves as a strong advocate in negotiations with insurance companies. Insurance adjusters often seek to minimize payouts, but an experienced accident attorney fights for your rights and works towards securing the maximum compensation you rightfully deserve. They deeply understand the tactics employed by insurance companies and can counteract attempts to undervalue your claim.

Additionally, a lawyer can assess the full extent of your damages, including medical treatment bills, lost wages, and pain and suffering, to ensure no aspect is overlooked. They may also engage accident reconstruction experts and medical professionals to strengthen your case. Finally, a skilled truck accident lawyer is prepared to take your injury case to court if a fair settlement cannot be reached.

In the end, having a dedicated lawyer increases your chances of getting full compensation for the impact of a truck accident on your physical, emotional, and financial well-being.

Uptown Injury New York Truck Accident Lawyers Are Here to Help You

If you or your loved one has been in a truck accident in New York, turn to Uptown Injury Law, PLLC. With over 15 years of experience, our team has been dedicated to advocating for personal injury victims across the Bronx, Manhattan, Queens, Brooklyn, and the entire New York City Metro Area.

Truck accidents can leave you facing severe injuries and financial burdens. We understand the challenges you’re up against. Commercial trucks often carry substantial insurance policies so that you can claim fair compensation for your damages.

Why Choose Us?

  • With over 15 years of experience, you can trust our seasoned truck accident attorneys to handle your case.
  • We have a successful record of securing significant compensation for our clients, exceeding $100 million in NYC.
  • We operate on a “No Recovery, No Fee Policy”, so you only pay us when we successfully secure compensation for you.

In order to schedule a FREE consultation, contact us online or call our office toll-free at 917-540-8728. At Uptown Injury Law, PLLC, we genuinely care about your well-being and are here to guide you every step of the way!

FAQ

Do I Need a Truck Accident Attorney to Recover Compensation?

Yes, it’s always best to hire a truck accident attorney if you want to recover full compensation. Handling legal complexities alone can be challenging. An experienced attorney ensures proper handling of your case, negotiates with insurance companies, and fights for your rights.

What Damages Can I Collect After a Truck Accident in New York?

After a truck accident in NY, you can collect various damages, including medical bills, property damage, lost income, and compensation for emotional suffering. These financial recoveries aim to address the impact on your life. Moreover, consulting with a skilled attorney is essential to guide you through the process and ensure you receive the full compensation you deserve.

How Long Does It Take To Recover Truck Accident Damages in New York?

You can expect the process of recovering truck accident damages in New York to take from months to years. The duration depends on various factors, such as the complexity of your case, negotiations with insurance companies, and potential legal proceedings.

Can I Collect Punitive Damages After an Accident with a Truck in NY?

Yes, you can collect punitive damages after an accident with a truck in NY, but certain conditions must be met. It requires proving the truck driver’s actions were grossly negligent or intentional. However, consulting with a skilled accident attorney is crucial to determine if your truck accident lawsuit qualifies for punitive damages.

What Is the Most Common Cause of Truck Accidents in New York?

In motor vehicle collisions involving trucks in New York, the most common cause is often driver negligence. Instances of speeding, distracted driving, and failure to obey traffic laws contribute significantly to these accidents. Therefore, understanding the overall role of driver negligence is critical for navigating the legal process and seeking compensation for damages.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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