A commercial truck accident can have devastating consequences for the driver and passengers of a motorcar involved in the collision. A person involved in an accident with a large commercial semi-truck can end up suffering severe, life-altering injuries.
An individual involved in a commercial truck accident in New York needs to understand his or her rights and interests. These include taking a proactive stance to retain appropriate representation from an Elmira truck accident lawyer.
Responsibility in a New York Truck Accident Case
An important reality of a New York Truck accident case is that multiple parties potentially can be held legally liable, or responsible, for a collision and injuries sustained by another motorist. The underlying facts and circumstances associated with a commercial truck accident determine which parties may be responsible for an injured person’s losses, and to what extent.
The driver of a big rig nearly always will be a responsible party in a case arising from an accident caused in the first instance by a commercial truck. As a consequence, the owner of the truck will also be deemed responsible, under a legal concept called agency. Through this legal principle, the employer of the driver is responsible for his or her acts and conduct during the course of his or her employment. In addition, the owner may have responsibility for the accident and injuries for reasons beyond the negligence of a driver.
Other responsible parties in a truck accident case can include the manufacturer of the rig itself, if a defect in the vehicle caused or contributed to the accident. In addition, it is also possible that manufacturer of a part that failed on the truck can be brought into the mix in a personal injury or wrongful death case.
If maintenance is performed by a third party provider, that entity might also be a responsible party in a personal injury case arising from a truck accident. This would be the case if maintenance was not properly performed, and improper upkeep caused or contributed to the crash.
Compensation in a New York Truck Accident Case
Compensation for losses sustained in a truck accident depends upon the specific facts and circumstances of the case as well. With that noted, there are exist certain types of injuries, damages, and losses that typically are compensable in the New York truck accident case.
These include compensation for pain and suffering, mental anguish, and medical bills and expenses. An injured victim of a truck accident may also be entitled to financial recovery for permanent disability, lost wages, and property damage.
A New York truck accident lawyer can also assist an injured person to obtain compensation for future losses reasonably likely to be incurred in the future. This can include compensation for future medical expenses, ongoing pain and suffering, and lost wages that are incurred over time in the future.
A New York truck accident attorney will schedule an initial consultation with a prospective client to evaluate a case. As a general rule, no fee is charged for this preliminary appointment with a truck accident lawyer.