Can you sue a trucking company after an accident caused by a negligent driver or third party? The short answer is yes. However, there are many criteria you must meet in order to recover fair compensation for the damages and losses you’ve suffered.
At Rosenberg & Gluck LLP, we know the challenges truck accident survivors face when trying to recover compensation for medical bills, lost wages, and pain and suffering devastating truck collisions cause.
We want to clarify what may make your claim eligible for compensation, the obstacles to seeking justice, and how our truck accident lawyers can help in the process.
For a free legal consultation, call 631-451-7900
When Can I Sue the Trucking Company Responsible For My Injuries?
Due to New York’s no-fault insurance laws, you can generally only pursue a lawsuit against a negligent party if the victim sustained serious injuries. Otherwise, you must file with your own insurance to help pay your truck accident-related costs and losses.
What constitutes a serious injury is outlined in ISC § 5102(d):
- Fractures
- An injury that interferes with daily life for over 90 days
- Limitation of a bodily organ or member
- Limitation of a bodily function or system
- Loss of bodily organ, member, function, or system
- Loss of a fetus
- Significant disfigurement
- Dismemberment
- Death
Understanding what injuries may qualify under the law isn’t always easy. What may initially seem like a minor injury can quickly become a serious problem leading to extensive medical bills, lost income, and diminished quality of life. With the help of a lawyer and medical professionals, you can gain better insight into the full extent of your damages and losses to see if your case qualifies for a personal injury lawsuit against a trucking company.
When Are Trucking Companies Liable?
You typically can sue the trucking company if its driver was an employee of the company. The truck driver is, in essence, a representative of that company, and the company is responsible for its employer’s actions.
If you do file a truck accident claim or lawsuit against the company, your lawyer must be able to demonstrate that negligence on the part of the driver led to your serious injuries. This means the driver acted recklessly, causing you harm.
Examples of negligent behavior include:
- Driving under the influence
- Texting while driving
- Drowsy driving
- Aggressive driving
- Following too closely
- Illegal turns
- Ignoring signs or signals
With the help of a personal injury lawyer, there are better chances of identifying negligent truck driver actions that could make the company liable for the harm you’ve suffered.
When Is a Third-Party Liable For a Commercial Truck Accident?
Although you can sue a trucking company for an accident caused by one of their drivers, sometimes they may not be the entity you need to consider going after. Your lawyer might advise you to file a lawsuit against the following third parties if any of them played a role in the accident injuries you’ve sustained:
- Independent contractor
- Auto manufacturer
- Car or tire designer
- City, county, or state
If the driver was not an employee of the trucking company and was an independent contractor instead, you may need to pursue the driver directly for your damages. Likewise, if faulty equipment or design flaws caused the crash, you may be able to seek compensation from the manufacturer or designer. A truck accident attorney may even consider if a city, county, or state was liable for poor road maintenance.
Don’t be discouraged if the trucking company’s insurance policy doesn’t cover your collision. An experienced lawyer can investigate all of the factors that contributed to your crash and identify other negligent parties.
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How Much Is My Truck Accident Lawsuit Worth?
One of the benefits of pursuing an injury case is the kind of damages you can receive. While no-fault payouts from an insurance company allow you to recoup the basic cost of medical expenses and lost income, it cannot compensate for the personal and emotional turmoil of the crash.
However, a personal injury lawsuit may qualify for additional economic and non-economic damages not covered through a no-fault insurance claim, such as:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral costs
Successfully suing a commercial trucking company with the help of a personal injury attorney does more than pay your current and future bills – it acknowledges the pain, stress, and injustice of a crash.
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What Evidence Can Help My Lawsuit Against a Trucking Company?
Proving negligence in a truck accident lawsuit is complicated. Strong evidence is key to addressing these obstacles and building a credible case. It helps your lawyer establish fault and pursue compensation for medical expenses, lost income, and other damages.
A personal injury attorney can help collect evidence to support your case, including but not limited to:
- Police Reports that document crash details and may indicate initial findings of fault.
- Maintenance Records for the commercial truck to identify unaddressed mechanical issues.
- Driver Logbooks and Employment Records to determine if the driver was overworked or unqualified.
- Black Box Data that shows speed, braking, or other critical truck operations during the accident.
- Medical Records proving the extent of your injuries and the treatments required.
- Witness Statements to corroborate your version of events and pinpoint negligent actions.
- Alcohol or Drug Testing Results that may show driver impairment at the time of the accident.
Securing these forms of evidence may strengthen your argument and counter potential defenses from the trucking company’s insurance policy or legal team. For tailored advice, reach out to a truck accident attorney who can guide you through your options.
How Can a Lawyer Help Me Sue a Trucking Company?
Navigating Aggressive Negotiations
When you sue a trucking company, you’re often up against well-funded insurance companies and legal teams. These parties aim to reduce their payouts by offering settlements that don’t fully cover your losses. A personal injury lawyer can negotiate on your behalf, fighting for a settlement that reflects your medical expenses, lost income, and other damages.
Addressing Complex Litigation Tactics
Trucking companies and their insurers frequently use sophisticated legal strategies to avoid being held liable for accidents. These may include blaming other drivers or downplaying their responsibility. A lawyer knows how to respond to these tactics and build a compelling argument for why the trucking company is responsible for your injuries.
Combating False Narratives
Trucking companies may try to shift blame by creating false narratives about what caused the accident. They might argue that the truck driver was not at fault, or that you contributed to the crash. Lawyers identify inconsistencies in these claims and present facts that protect your interests. Challenging these narratives can strengthen your case and hold the trucking company accountable.
Managing Multiple Parties and Claims
Commercial truck accidents often involve multiple entities, such as the trucking company, the driver, contractors, or equipment manufacturers. Each party may try to shift liability to others, making the legal process more complicated. A lawyer can untangle these disputes to ensure you pursue compensation from the correct parties.
Pursuing Legal Action After Denied Claims
If you’ve already filed a claim with an insurance company but received insufficient compensation or were denied outright, legal action may be your next step. Lawyers understand the steps required to file a personal injury lawsuit and how to present your case effectively in court, if needed.
Rosenberg & Gluck LLP | Sue a Trucking Company With the Help of Experienced Truck Accident Lawyers
You deserve a fair settlement from the liable parties responsible for your truck accident injuries. When insurance payouts fail to meet the financial burdens caused by a truck driver’s negligence, take action with the help of Rosenberg & Gluck. Our attorneys can help you navigate the complexities of a truck accident case and fight for the compensation you need to cover the full extent of damages and losses suffered.
Contact our law firm online or at (631) 994-1910 for comprehensive and compassionate legal support in English or Spanish.
