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What if I Am Partially at Fault for the Truck Accident?

If you’re partially responsible for a truck crash, you can still file a claim and get compensation for your damages. However, it depends upon the degree of your fault because it directly influences the amount of compensation you will receive for your losses

If you face such a situation, consider consulting with Uptown Injury Law, PLLC. With over 15 years of experience handling similar cases, our truck accident attorneys understand New York’s negligence laws and the no-fault insurance framework. We’ll review your case details, apply NYC laws to accurately assess your level of fault, and help you obtain the compensation you deserve. So, don’t wait and start your free case evaluation today, or give us a call at 917-540-8728.

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Can You File a Claim if You’re Partially Responsible for a Truck Accident?

Yes. In New York, even if you share some responsibility for a truck accident, you can still file a claim under the state’s pure comparative negligence law. Conversely, the level of your fault will affect the compensation you are entitled to.

Furthermore, if the awarded compensation does not fully cover the damages, you can pursue additional compensation by filing a lawsuit against the responsible party. However, New York operates under a no-fault insurance system. This implies that directly suing the party at fault is not an option. Instead, you must proceed by submitting a claim through your insurance provider.

Hence, understanding the details of both the pure comparative negligence law and the no-fault insurance law is essential before proceeding with any claim options in the state.

Pure Comparative Negligence Rule vs No-Fault Insurance System in New York 

In New York State, under the pure comparative negligence rule, you can seek compensation even when you share some of the blame for the crash. However, your compensation will decrease by your fault percentage.

For example, if you’re 20% at fault and suffer $100,000 in damages, you could recover 80% or $80,000 in compensation for your losses. Your insurance company may cover the remaining 20% of your damages. On the other hand, you may only recover full compensation if the other party is entirely at fault.

Furthermore, New York operates on a no-fault insurance system. This means you usually deal with your insurance company to claim damages. To do this, you must carry Personal Injury Protection (PIP) or Medpay coverage in your own insurance policy. These types of coverages will cover your injuries and losses. If your damages surpass your PIP coverage limits, you can sue the at-fault trucking company or driver and seek more compensation. 

Therefore, to file a personal injury lawsuit against a negligent party, you must meet a serious injury threshold, such as:

  • Death
  • Dismemberment
  • Loss of a fetus
  • A bone fracture
  • Complete disability for no less than 90 days
  • Permanent limitation of a bodily function
  • Permanent loss of use for a limb or body organ

How Is the Fault Determined After a Truck Crash?

Determining who’s at fault in truck accident cases can be challenging. Nevertheless, specific factors can help you determine fault. First and foremost, fault in truck accident claims often involves identifying the driver’s negligence, such as distracted driving or traffic law violations, that led to your accident.

To do this effectively, you must demonstrate that the at-fault truck driver owed you a duty of care. This means that every driver must act in a responsible manner that ensures everyone’s safety. Following this, you must show a breach of his duty. It will indicate how the driver failed to uphold their responsibility, whether through reckless actions or neglect.

After this, you need to show causation. This will tie the driver’s breach of duty directly to your accident, illustrating how the negligence resulted in the crash. Finally, you must prove damages, which refers to the severe physical injuries and financial losses you suffered from the accident resulting from the driver’s negligence.

Additionally, gathering evidence is crucial in proving these negligence claims. This evidence provides a clearer picture of the driver’s negligence and supports your case in establishing fault. Such evidence includes:

  • Documenting the scene by taking images and videos of the crash.
  • Obtaining a police report.
  • Reconstructing the accident site by seeking expert testimony.
  • Witness statements.

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What Factors Can Impact Your Compensation Amount? 

If you’re partially responsible for a truck accident, several key factors can influence the compensation you might receive. These include:

  • The extent of your injuries or damages.
  • The proportion of fault attributed to each involved party.
  • Any violations of state laws or regulations by the trucking company or driver. This may involve surpassing their service hours, lack of experience, or operating without a proper license.
  • The expertise of your truck accident attorney.

Consider reaching out to Uptown Injury Law, PLLC, to explore your legal options in a truck accident case. Our dedicated attorneys will evaluate all these factors to increase your chances of winning a claim and obtain the rightful compensation for your injuries or damages.

How Can an Attorney Help if You’re Partly to Blame for a Truck Accident?

If you’re involved in a truck accident, you must consult an experienced truck accident lawyer, regardless of whether you believe you’re at fault or not. These cases often put you up against strong trucking insurance companies, supported by large legal teams and insurance carriers ready to shift greater blame onto you and reject your personal injury claim. However, having a lawyer by your side can help you in determining liability against the at-fault party and support you in numerous ways, such as:

1. Collection of Evidence to Support Your Claim 

First and foremost, your attorney will take the lead in gathering comprehensive evidence to back up your claim. This includes: 

  • Photographs of the accident scene. 
  • A copy of the official police report. 
  • Blackbox data capturing the crash.
  • Statements from eyewitnesses.
  • Engage with forensic experts to compile data that clearly shows you’re not at fault or at less fault.  

This thorough approach of your lawyer will support your version of events. Also, it will accurately reflect the extent of the other party’s liability despite your shared fault.

2. Assess Your Percentage of Fault

Your attorney will evaluate the extent of fault attributed to you in your case. They will determine whether this fault stems from new evidence presented by the opposing party’s insurance company. Alternatively, if it’s a tactic to minimize your compensation. Your lawyer will thoroughly review the details and demonstrate to the judge and jury that such evidence is inaccurate and needs to be revised.

3. Evaluate the Full Extent of Your Injuries and Damages

An experienced personal injury lawyer will evaluate the full scope of your injuries or damages and incorporate them into your claim. They will not only add medical bills or repair costs for your vehicle but also consider other damages. This may involve future medicare care, loss of earnings, emotional distress, and more.

Reach out to our team at Uptown Injury Law, PLLC, for competent legal advice. Our truck accident attorneys will ensure that the settlement you receive will reflect the true cost of the accident on your life.

4. Engage in Negotiation With an Insurer for Maximum Compensation

Insurance adjusters are experts at minimizing payouts and might use partial fault as an advantage to reduce your compensation. However, a skilled attorney by your side can make a difference in your case. They’ll send a demand letter to your insurer detailing the full compensation you’re entitled to. Following this, your attorney will engage in negotiations by presenting evidence that strengthens your claim, ensuring you get the highest compensation for your losses.

5. Take Your Case to Court

If an insurance provider fails to offer a fair settlement amount. In such cases, your lawyer will file a lawsuit in court against the negligent parties. This may include truck drivers or a trucking company. Consult Uptown Injury Law, PLLC legal team to fight against the skilled lawyers of trucking companies. Our truck accident lawyers will support you and help you receive the compensation you deserve.

Can You Afford a Truck Accident Attorney in New York City?

Yes. You can easily afford an experienced truck accident lawyer in New York City because most attorneys operate on a contingency fee system. It means you won’t face any upfront charges for hiring their expertise.

Based on this fee system, your lawyer will get a percentage of your settlement as their contingency fee, typically ranging from 33.3% to 40%. If your claim is settled quickly through negotiation, these fees will be lower. However, if your case doesn’t result in a favorable settlement or judgment, you owe nothing in attorney fees.

Additionally, if your insurance company rejects your claim, leading your case to trial, you may encounter liability challenges. In these situations, your attorney might incur extra expenses to strengthen your case by hiring expert witnesses.

Furthermore, many reputable truck accident attorneys in New York City also offer free consultations. This is an opportunity to discuss the details of your case, explore your legal options, and determine if the attorney aligns with your needs—at no cost. During your initial consultation with a lawyer, you can inquire about their track record with truck accident cases. Additionally, you can ask about the methods they will use to investigate your case and the resources available for hiring expert witnesses, such as accident reconstruction specialists.

Types of Compensation You Can Get in a Truck Crash

If you are involved in a truck accident, you can recover compensation for your losses or damages. These may include:

  • Medical bills for hospital stays, surgeries, rehabilitation, and therapy.
  • Lost income if the accident keeps you away from work.
  • Repair or replacement cost of a damaged vehicle or property.
  • Physical pain, emotional distress, or pain and suffering.
  • Loss of enjoyment of life.
  • Future losses for long-term impacts, including earning potential and ongoing medical costs.

To recover compensation for injuries or losses, you need to take legal action by filing a claim or lawsuit in court. A truck accident lawyer at Uptown Injury Law, PLLC, can help you explore all your options and provide you with the guidance needed to secure the compensation you deserve.

How Much Are Truck Accident Settlements Worth?

According to the Federal Motor Carrier Safety Administration (FMCSA), the average settlement amount for all truck accidents is $91,000. In cases where a truck crash results in a fatality, the figure can escalate to approximately $3.6 million. If the accident only leads to property damage, the average settlement is around $15,144, while accidents that result in injuries typically see a settlement of about $200,000.

Furthermore, for the accidents involving other heavy/commercial trucks and tractor-trailers, the average payout figure is $69,787. However, these are average figures, and the actual worth of your truck accident settlement will depend on factors such as:

  • The severity of your injuries and damages. 
  • Medical costs of your treatment. 
  • The extent of property damage.
  • Laws and regulations of your state.

How Long Do You Have to File a Truck Accident Claim in New York?

In New York, you’re required to file a lawsuit within three years of an accident. This deadline applies to all personal injury, property damage, emotional distress, or truck accident claims. If the truck crash involves the tragic loss of a loved one, you’re granted a minimum of two years to file your wrongful death lawsuit from the accident date. However, if your claim involves a NYC governmental entity, you have a limited window of just 90 days to initiate the process.

Additionally, it’s essential to notify your insurance company about the accident. Under New York insurance regulations, you are allotted a 30-day window from the incident date to inform your insurance adjuster. If you ignore these legal deadlines, it could lead to the dismissal of your claim, potentially leaving you without any compensation for your damages.

That’s why it is important to reach out to an experienced personal injury lawyer at Uptown Injury Law, PLLC. Our team will navigate you through these deadlines and safeguard your rights to seek maximum compensation for any damages or injuries you’ve sustained.

Speak With Our Truck Accident Attorney for a Free Consultation Today!

The truck accident can leave you feeling physically shaken, emotionally drained, and unsure of where to turn. At Uptown Injury Law, PLLC, we see the human cost of these accidents every day, and we’re dedicated to helping you get the support you deserve, even if you believe you’re partially at fault. Our experienced truck accident attorneys have over 15 years of experience dealing with the complexities of shared fault laws and have secured $100 million in past settlements and verdicts

How Can We Assist You?

  • Assess Your Case Thoroughly: We’ll listen to your story, investigate your accident scene, gather evidence, and explore all avenues of compensation, even if you’re partially at fault for the crash.
  • Explain Your Rights Clearly: We’ll break down complex legal jargon and empower you to make informed decisions throughout the process.
  • Fight for Maximum Compensation: Our truck accident attorneys will negotiate aggressively with the trucking insurance company to ensure you get a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
  • Guide You Through Every Step: We’ll handle all the legal paperwork, communication, and a court case so you can focus on your healing.

Time is of the essence in a truck accident case because every day you wait can weaken your claim. So, start your 100% FREE CASE REVIEW today and call us at 917-540-8728 to schedule your appointment. 

FAQS

What Steps Should You Follow After a Minor Truck Accident?

After a minor truck accident, prioritize your safety and health by seeking immediate medical attention to detect hidden injuries. This may include whiplash or internal bleeding. After this, report the accident to the authorities and start collecting evidence, such as photos of the scene, damages, and poor road conditions.
Following this, exchange contact and insurance details with all witnesses involved. Then, notify your insurance company to file a claim. Lastly, consult with an Uptown Injury Law, PLLC truck accident attorney, to enhance your prospects of a favorable outcome. Our team will defend your rights and secure maximum compensation for your losses.

How Long Will Truck Accident Claims Take To Settle in NY?

In New York, you can typically expect up to six months to settle a truck accident claim from the moment you engage with your attorney. However, this timeframe is an estimate based on whether you’ve sufficient evidence to facilitate a swift settlement.
Furthermore, if your case proceeds to trial due to complexities such as liability disputes, serious injuries, and extensive damages, the settlement process may extend to several months. Therefore, contact your attorney as soon as possible following a truck accident. They will speed up the settlement process and counteract the tactics employed by insurance companies.

What Are the Types of Truck Accidents in New York?

Some of the common truck accidents in New York include but are not limited to rollovers, underride collisions, tire blowouts, head-on impacts, wide turn incidents, blind spot accidents, and T-bone collisions. If you’re a truck accident victim in NYC, contact Uptown Injury Law, PLLC. Our truck accident attorneys offer you a no-cost case examination to discuss your personal injury case.

What Are Common Truck Accident Injuries?

In a tragic truck accident, you may sustain a wide range of severe injuries. These injuries include internal harm, head/neck trauma, traumatic brain injuries (TBIs), lacerations, amputations, spinal cord issues, whiplash, and damage to soft tissues that can extend to psychological impacts such as post-traumatic stress disorder (PTSD).

Who Can Be Held Accountable for Damages After a Truck Collision?

In truck collision cases, accountability for damages can extend to the truck driver, trucking companies, and manufacturers of trucking parts. Conversely, depending on the unique circumstances of your accident, various other entities might also bear responsibility. This can include cargo loaders, shipping companies, service vendors for the truck, and governmental organizations responsible for the maintenance and design of highways.

When to Consult a Personal Injury Lawyer?

You should promptly consult a personal injury attorney if you suffer injuries and massive damage. This will safeguard your rights and interests. Some people wait to consult a lawyer, especially when they anticipate that an insurance company will resolve their claim favorably.
However, this approach does not always yield the best outcome. This is because insurance companies often prioritize their interests, which may not align with the full compensation you deserve for your injuries. If you contact a personal injury lawyer early, they will help you calculate the full value of your injuries and pursue your claim on time.

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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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