Understanding Liability in a New York Truck Accident

July 21, 2023

Understanding Liability in a New York Truck Accident

Truck accidents can result in devastating injuries and significant property damage. It can be confusing to understand who is at fault and how to pursue compensation for your injuries and losses. At Cascione, Purcigliotti & Galluzzi, P.C., we understand the complexities of personal injury cases involving truck accidents. In this blog post, we will discuss who is liable for a truck accident, your options if you were injured, how compensation is calculated, who pays the compensation, and whether you can receive compensation despite being uninsured at the time of the accident.


Who is liable in a truck accident?



Trucking accidents are complicated, and determining liability (or who is legally responsible) may involve several parties. Liability can be assigned to the driver, the trucking company, the truck owner, the manufacturer, and even the loader or shipper. A thorough investigation involving legal and trucking professionals is essential for identifying the parties who may be held accountable.


What are my options if I was injured in a trucking accident?


If you were injured in a truck accident, you may have several legal options. The most common is pursuing a personal injury claim against the liable parties. This involves demonstrating that the other party or parties had a legal obligation to ensure your safety, and they were negligent in discharging that duty. Other options worth considering include insurance claims, workers' compensation claims (if you were a truck driver or a trucking company employee), and product liability claims, which may involve the manufacturer of the truck or its components.


How is compensation calculated?


Compensation in truck accident cases typically covers three areas: medical expenses, lost wages, and pain and suffering. Medical expenses can include hospital bills, medicine, rehabilitation, and future medical expenses. Lost wages compensate for any missed work or loss of earning capacity due to injury. Pain and suffering cover non-economic damages, including the emotional impact of the accident, lost quality of life, and disfigurement. The amount of compensation varies depending on the severity of the injuries, the long-term impact on the victim, and the court's findings in the case.


Who pays the compensation to the victims?


The liable party or parties are responsible for paying compensation to the victims. Depending on the case, this may involve the driver, the trucking company, the truck owner, the manufacturer, or the shipper. Trucking companies often have substantial insurance policies to cover their liabilities in accidents. If the liable parties refuse to pay, the court may enforce a judgment against the party's assets or the insurance company.


Can I still receive compensation If I was uninsured at the time of the accident?


If you were uninsured at the time of the accident, you may still be eligible for compensation. However, the specifics vary depending on the case and the state laws. If you caused the accident, your compensation may be reduced or denied due to your comparative negligence in causing the accident. If another driver caused the accident, you may still pursue a liability claim, but your compensation may also be reduced to reflect your lack of insurance.


Truck accidents can be overwhelming, and seeking compensation for your injuries and losses can be difficult without legal counsel. At Cascione, Purcigliotti & Galluzzi, P.C., our experienced legal professionals can guide you through the process and help you understand your available options. It is essential to act quickly and hire an attorney to protect your legal rights and the best possible outcome for your case. Contact us today for a free consultation.


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