If a careless or reckless truck driver collided with you in Holbrook, Long Island, we may be able to help you hold their employer accountable for the damages. We could recover compensation on your behalf to cover the expenses related to your accident injuries, including your medical bills, lost wages, pain and suffering, and other losses.
New York State auto insurance laws only allow us to file a liability claim against the at-fault driver if you meet certain qualifications. However, truck accidents often lead to the serious injuries necessary to meet this threshold, so many victims qualify to pursue this type of claim. These laws make recovering the full amount of compensation you deserve more complicated, but we will guide you through the process and fight for the payout you need to make ends meet.
The Long Island truck accident team at Gacovino, Lake & Associates, P.C. knows what it takes to secure a full financial payout after a Holbrook truck crash. Call us today at 631-600-0000 to schedule your free case review.
Do the No-Fault Auto Insurance Laws Affect My NY Truck Accident Claim?
New York State has no-fault auto insurance laws that sometimes limit your ability to file an insurance claim and hold the liable driver responsible for your injuries. This law applies to truck accidents in the same way as other crashes, meaning some people will only be able to file a claim based on their own personal injury protection policy. The policies are usually much smaller, and only cover your medical care and a portion of your lost wages, up to the policy maximum.
Under the no-fault law, you must meet the serious injury threshold before you can file for compensation from the liable party’s insurance company for your injury-related damages. If you suffered any of the following injuries, we can most likely file a liability claim on your behalf:
- One or more broken bones;
- Significant disfigurement, including scarring;
- Loss use of a hand, foot, arm, or leg;
- Significant impairment of an important body function;
- Total disability for 90 days or more.
When you call our office on Long Island, our truck accident team goes to work immediately to investigate your accident, and collect the evidence necessary to prove negligence and liability, and recover the compensation you deserve through a third-party liability injury claim. In most cases, we negotiate a fair settlement within a few months of filing your claim. Occasionally, the insurance company refuses a fair settlement. When this occurs, we are not afraid to pursue a personal injury lawsuit against the trucking company or other liable party to get the money you deserve.
Who Is Liable for a Holbrook, Long Island, Truck Crash Caused by the Trucker?
Even when a trucker causes a crash, the sole liability of the accident does not fall on their shoulders. Instead, a legal doctrine known as vicarious liability allows us to hold their employer responsible as well. The trucking company or other corporation carries a much larger liability insurance policy than any individual driver would. This means we can recover the large settlements or awards necessary to cover even the most devastating injuries and the resulting ongoing care costs.
The downside to this is that you will not want to try to deal with the insurance claim on your own. The trucking company likely has a team of lawyers on their side who all want to reduce or eliminate the payout they owe you, and will use all kinds of tricks to get you to jeopardize your rights. Their only concern is the company’s bottom line. Luckily, our only concern is your best interests, and the compensation your family needs. We can ensure your rights remain protected and handle all communication with the trucking company, their lawyers, and their insurance company.
Why Do I Need to Talk to a Lawyer Soon After My Truck Accident on Long Island?
More than most car accidents, there is a wealth of evidence available to help us prove what happened in your Holbrook truck crash. Federal laws require trucking companies to install onboard computers to collect driving data on every truck, truckers must maintain rest and safety logs, and all drivers must undergo mandatory drug and alcohol testing soon after any crash. Any piece of this evidence could prove our case. However, it is all in the hands of the trucking company after a crash.
This brings into focus why it is paramount to contact us as soon as possible after a truck accident. We need to dispatch a spoliation letter to the trucking company’s legal team or insurance company as soon as possible after the crash. This letter legally obligates them to collect this evidence, preserve and protect it, and share it with us. Without this letter, they could record over onboard camera video of the crash, erase data, or “accidentally” lose valuable evidence to support our case.
How Long Do I Have To File A Lawsuit Based On A Holbrook Truck Accident?
New York State gives us three years from the date of the crash to file a lawsuit and collect compensation for your truck accident injuries. This deadline technically only applies to litigating these cases, and we can settle most of these claims out of court. However, the statute of limitations still plays an important role in negotiating a settlement with the insurance company. Most trucking companies will pay out much more if they believe we are willing to take them to court if they do not. If too much time passes and we do not have the option to file a lawsuit in your case, we lose this key leverage and they may be unwilling to offer us a fair settlement.
How Can I Reach a Truck Accident Lawyer in Holbrook, Long Island?
If you suffered serious injuries in a Holbrook, Long Island, tractor trailer accident, the personal injury attorneys from Gacovino, Lake & Associates, P.C. can recover the compensation you deserve on your behalf. When you call for one of our free case evaluations, we will advise you about your options for getting the money you need based on the specific details of your case. Call our office today at 631-600-0000 for a consultation with a Holbrook truck accident lawyer.