If you or a loved one has been injured in a truck accident due to someone else’s negligence, you may be entitled to compensation for your losses. You do not have to face this complicated situation alone. Help is available through legal advice from a New York truck accident attorney.
Whether you are trying to collect from insurance or bring a lawsuit, the lawyers at Gacovino, Lake & Associates, P.C. in Babylon, NY, will investigate the accident, examine the facts, interview witnesses, and explain the options that may be available to you. For a free case review, call our firm at (631) 600-0000 right away.
Causes of New York Truck Accidents
There may be several liable parties after a New York truck accident, including the truck driver, their employer, the owner of the truck, and the manufacturer of the truck or its parts. Some examples of negligence as the cause of a truck accident include:
- Speeding or aggressive driving
- Truck driver fatigue
- Overloading the tractor-trailer
- Failure to properly inspect or maintain the vehicle or secure cargo
- Improper training, experience, or certification
- Distracted driving
- Impairment due to drugs, alcohol, or fatigue
- Manufacturing defects
- Improper installation or maintenance of parts
- Hazardous road conditions
- Equipment failure
These are not the only situations in which negligence may have played a role in your truck accident. Your lawyer can investigate the details of your case and protect your right to pursue the compensation you deserve.
Proving Liability for Your Truck Accident
In order to hold another party responsible for your losses, we will have to demonstrate the following factors:
- Duty of care. The liable party had a legal responsibility to behave safely. All drivers automatically assume a duty of care toward other motorists and pedestrians when they get behind the wheel.
- Breach of duty. The liable party behaved in a way that breached their duty of care, such as by ignoring traffic signals, distracted driving, or exceeding the speed limit.
- Causation. The liable party’s negligent behavior caused your accident to occur.
- Damages. The accident resulted in your injuries.
Our team can help demonstrate these factors during settlement negotiations or during the trial, if needed. We can use evidence from the scene of the accident, police reports, witness statements, medical records, and more to build a strong case on your behalf.
Potential Damages After a Truck Accident in New York
Every accident is unique, but we are typically able to seek damages that include the following after a truck accident in New York:
- Current medical costs, including emergency transportation and hospital fees
- Future medical costs, including rehabilitation and prescription medication
- Vehicle repair or replacement
- Lost wages for time spent away from work during recovery
- Diminished earning capacity, if you are unable to fully return to work
- Pain and suffering
Wrongful Death Action
If a close loved one passed away after a truck accident, we may be able to pursue additional compensation through a wrongful death claim. Through this action, you may be able to seek damages for funeral and burial costs, loss of companionship, loss of future income, and other losses.
A New York truck accident lawyer can help you pursue these and any other damages to which you may be entitled. Contact Gacovino, Lake & Associates, P.C. at (631) 600-0000 today to learn more about how we can help you.
New York has what is known as “no-fault” insurance and accident compensation laws. This means that anyone who is involved with an accident in New York must first file a claim with their own insurance for resulting injuries.
Despite these laws, the victims of truck accidents retain the right to file a personal injury lawsuit against the liable party if the injuries suffered are considered to be “severe.”
Examples of injuries that may rise to this threshold include:
- Internal bleeding or broken bones
- Scarring or disfigurement
- Permanent impairment of a body organ or limb
- A substantial limitation of a body function or system
- Substantively full disability
- Wrongful death
These are not the only injuries that can be considered “severe” by the state. Your lawyer can help advise you about the steps that may be available to you, given the nature of your accident.
Get Help from Our New York Truck Accident Lawyers Today
If you or a loved one were injured in a truck accident, we may be able to help you recover compensation for your injuries, losses, and other expenses.
In New York, personal injury claims generally must be filed within three years of your accident. There are exceptions to this limit, and there are ways for our team to help you even if your accident happened close to this deadline. We recommend acting quickly to give our attorneys the time we will need to build a strong case for you.
The truck accident lawyers at Gacovino, Lake & Associates, P.C. in Babylon, NY, know what you are going through and have the resources to fight for the settlement or judgment you deserve. We can take steps to help establish your case, handle communications with insurance companies and lawyers, file appropriate papers in court, gather evidence and interview witnesses, and negotiate toward a settlement. If we cannot reach a fair offer, we will be by your side to represent you in court.
Contact us today for a free case evaluation by calling (631) 600-0000. You pay nothing until we win for you.