Understanding Liability in a New York Truck Accident.

Apr 21, 2023

Understanding Liability in a New York Truck Accident.

Truck accidents can have severe implications for the individuals involved, and the trauma can last for a lifetime. There's an array of questions that lingers on the victim's mind after an accident, such as, who's liable? or can I still receive compensation if I was uninsured at the time of the accident? In such circumstances, navigating the legal framework can make the situation even more overwhelming. Therefore, it is crucial to have access to the right information and legal guidance during distressful times. 


In this blog post, you'll find answers to your questions regarding truck accidents in New York. We'll discuss who's liable in a truck accident, your options if you were injured in a trucking accident, how compensation is calculated, who pays the compensation to the victims, and if you can still receive compensation if you were uninsured at the time of the accident. 



Who is liable in a Truck Accident?


Liability in truck accidents can rest on several parties. In cases where the driver crashes the truck, their negligence can result from a variety of errors, from speeding to driving under the influence of drugs or alcohol. Likewise, if the accident occurred because the driver failed to maintain or repair the truck correctly, then the truck owner or the maintenance company can be held liable. Therefore, establishing who is liable in a truck accident can be challenging, and consulting legal guidance might be necessary to represent your interests in court.


What are My Options If I Was Injured in a Trucking Accident?


If you were injured in a trucking accident in New York, you have a right to pursue compensation for the damages incurred. Some of the damages that you can claim include medical expenses, lost wages, and pain and suffering. Therefore, it is crucial to document the accident by gathering evidence like accident reports, witness statements, and photos of the scene, if possible. It is advisable to contact an experienced personal injury lawyer as soon as possible to represent you during the legal process.


How is Compensation Calculated?


The amount of compensation you can receive after a trucking accident depends on several factors, such as the extent of the injuries, the impact the accident has had on your life, and the costs associated with your recovery. Additionally, your fault or role in the accident might determine the compensation amount. Suppose you were partly responsible for the accident. In that case, the compensation amount may decrease proportionally to your fault level, as determined by the court. 


Who Pays the Compensation to the Victims?


In most truck accidents, several parties are involved, and establishing who pays the compensation can be complicated. However, depending on the circumstances surrounding the accident, different parties might be responsible for paying the compensation, such as trucking companies, insurance companies, maintenance companies, and contractors. Your lawyer can help you identify the responsible parties and pursue them for compensation.


Can I Still Receive Compensation If I Was Uninsured at the Time of the Accident?


New York is a No-Fault state, meaning that drivers are required to have insurance to cover damages or injuries resulting from an accident. However, if you were uninsured at the time of the accident, you might not be eligible for compensation under the No-Fault Law. Nonetheless, you can pursue compensation via a personal injury lawsuit. Consulting an experienced personal injury lawyer can help you understand your legal options and rights.


Truck accidents can have severe ramifications both emotionally and physically. Therefore, it is crucial to have access to legal guidance when navigating the legal framework surrounding truck accidents in New York. In this blog post, we've discussed critical factors that victims of truck accidents should consider, such as who is liable, how compensation is calculated, and who pays the compensation to the victims. At Sayegh & Sayegh, we work with Hudson Valley residents to provide legal representation and guidance on personal injury matters. Please contact us today to schedule a consultation.


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