What Types Of Compensation You Can Obtain In Personal Injury Case?

Did you suffer injuries in a truck accident? If yes, then you can legally seek compensation for your injuries, property damage, or any other kind of loss, if the accident was caused by someone else’s negligence.

Compensatory damages are classified in different categories, which are listed below-

Special compensatory damages

Special compensation includes monetary expenses of injuries sustained by a victim during an accident. It covers the following types of damages-

• Loss of earnings
• Loss of future earnings
• Cost of future medical care
• Household expenses
• Medical bills

General compensatory damages

General compensatory includes non-monetary damages. The word general here pertains to the emotional suffering and intangible damages sustained by the victim because of injury. It covers the following damages-

• Pain and suffering
• Mental anguish, and
• Loss of consortium or companionship

Wrongful death damages

This compensation includes monetary benefits for surviving family and loved ones. It covers the following monetary and non monetary damages-

• Funeral and burial expenses
• Cost of pre-death medical care
• Loss of services and support
• Loss of companionship and consortium
• Emotional distress of surviving family and loved ones

Punitive damages

Compensation for punitive damages is only provided to victims. When a defendant is found guilty of a malicious act or fraud, he has to pay rightful compensation to the victim.

Collecting damages

Once settlement has been made in the court, a plaintiff can receive damages for his/her losses. But, receiving the compensation and actually collecting the money are two entirely different things.

Defendants may or may not pay the compensation. In such case, the plaintiff’s attorney can help him/her throughout the collection process.

Either the defendant will provide compensation or the insurance company will pay the valid damages up to certain liability limits.

If you or your loved one have faced injuries in a truck accident, then you are eligible to get compensation for your sufferings. Truck accident lawyers of reputed law firms will guide the victim throughout his/her case and provide rightful compensation from the defendant.

Mistakes That You Should Avoid In Your Truck Accident Lawsuit

Fighting for your rights is not an easy job, especially when you are not responsible of it. If filed a lawsuit against truck driver or trucking company, then you need to stay alert about few facts associated with truck accident law and avoid making mistakes.

Following are few of the mistakes that you should avoid in your truck accident lawsuit-

Negotiation- Often trucking companies try to negotiate with you by bribing. Beware such acts of trucking companies as it can ruin your lawsuit. You must leave this thing on your lawyer and let him negotiate with the trucking company.

Mistakes in legal paper work- Accuracy of legal documents is essential. Mistakes in your legal documentation can spoil your case. It can get any accident victim labeled as a fraud and result in the termination of all your insurance benefits. So, let the lawyer handle all the paperwork.

Applying too late- To file a case against trucking company, there is a time limit of one year. Benefits such as wage loss, medical bills and mileage, and nursing services are covered in it. If you do not apply within one year, you will not be able to receive any insurance benefits.

Medical tests- Health test reports are essential to maintain in order to get insurance benefits. Anytime a doctor sends you for a test or refers you to some other doctor, you must inform your Truck accident lawyer in New York.

Disposing of important evidence- Save all pill bottles, casts, braces, prescriptions or any other items favoring you. Though you might not consider these evidences important, but these are quite essential to preserve in order to avail benefits.

Pictures- If you had to go through any surgery because of the accident, then take pictures of it and provide it to your lawyer. Missing out this factor will weaken your case to get rightful compensation.

Job changes & moving- If any changes regarding your job duties and salary are made after accident then do inform your attorney. This is because personal injuries are restricting you from going to work then you can claim for it.

Is It Essential To Hire A Truck Accident Lawyer If You Have Met With An Accident?

Yes definitely, it is important to hire a truck accident lawyer in New York if you have been a sufferer because of the negligence of the other person, as the lawyer will help you get the compensation owed to you. Lawyer will also do his best to secure your rights and do everything to help you get justice.

Top Reasons Why You Need A Professional Truck Accident Attorney

Truck accidents can be extremely dangerous, causing serious injuries and even loss of life. Serious and devastating truck accidents often leaves victim in worries about finances and their future plan. A victim may also have to deal with the insurance companies, police investigations, bill collectors, and other such aspects.

However, if you or any of your friends have become a victim of such horrifying accident, then you certainly need a professional help and seek help from a reputed truck accident injury attorney. Following are some of the reasons that highlight the importance of hiring a professional truck accident lawyer.

Hiring a highly qualified professional lawyer is very important. The lawyer will go to the accident spot and will collect all the evidence to build a strong case and to present them just at the right time. The lawyer will take photographs, talk to the eye witnesses and can even contact the police to know every single detail about the accident s that he can build a strong case to support you.

The lawyer will keep all your evidence and documents preserved so that they are not destroyed by attorneys of the other party or the insurance companies. Therefore, make sure to get an expert help soon so that you have more chance to get the justice.

There are number of lawyers, who do not charge any consultation fee unless you win the case. So if you are not responsible for any accident, discuss the whole scene with you lawyer and make sure to provide him every single detail of the accident.

With the help of a professional attorney, you can get an overall compensation of all losses which may include, the complete medical cost, lost wages, auto repairs, insurance claims and so on. The attorney will make sure that you get the correct amount of compensation that you deserve.

Moreover, these professionals are updated with the constant changing laws. Therefore, they will firstly investigate whether the particular trucking company is abiding certain laws or not.

The lawyers will always assist you before you make any statement thus helping you from committing certain costly mistake.

Which Laws Can Be Helpful In Your Truck Accident Injury Case?

Trucks are usually double in size and weight of other smaller vehicles. Their sheer size and weight makes them more lethal in any accident as they can ruin everything in their way. These accidents can rob you of your good health (by injuries), vehicle (by property damage), and stable financial situation (by causing lost wages, medical expenses). Emotional suffering that comes with these crashes is even worse.

However, if you are planning to file a lawsuit against truck driver, trucking company, insurer etc., then you must know that traffic laws can play an essential role in your claim. Some of these traffic laws are –

Driving time limit – There is driving time limitation for truck drivers according to law. It ends at the 14 hours. One should not drive over fourteen consecutive hours (following ten consecutive hours off duty). There are rest and breaks related rules too that should be followed accordingly. Driving over this limit can lead to crashes due to no rest and fatigue. You can hold party at fault in your lawsuit liable to pay compensations if they were driving over this limitation.

Weight related laws – CMVs come with a weight limit. Overloaded trucks are keen to lose balance on road and cause accidents. They can swerve unexpectedly and crash into other vehicles. This is why it is essential for trucks to carry things under the weight limit. If you or your loved ones suffered injuries due to an overloaded CMV, then you can use this fact for your benefit in lawsuit.

Drug and alcohol – It is a common fact that driving under the influence of drug and alcohol is a clear violation of law. If a drunk or drugged CMV driver is responsible for your accident, then truck accident attorneys can build a strong case against the party at fault.

Traffic rules – Not following traffic rules is another aspect that can be helpful in your lawsuit. Negligence regarding regulations can lead to severe accidents causing injuries and property damage. Running a red light, speeding, distracted driving (talking or texting on cell phone) are some examples of rules violation. If party at fault (truck driver) is proved to violate traffic laws, then it can benefit in your claim.

There are several other regulations regarding regular vehicle inspection, maintenance of CMVs, and more that can be beneficial for your compensation claim. However, you must know that insurer of trucking company will hire attorneys to argue against your claim in court. You must be prepared for that along with your attorney with proper documents, evidences.

What Are The Top Reasons Behind Serious Truck Accidents?

There are strict rules for road safety, but some people choose to ignore them and that is when accidents happen! All road accidents are damaging, but the ones that include big commercial vehicles can cause maximum damage and leave you wondering what to do when you’ve had a truck accident.

Accidents involving big vehicles like trucks can cause extreme trucking injuries to the passengers of the other vehicle.

In this post, we will try to understand the most common reasons behind truck accidents. 

1. Tired drivers- Tiredness and exhaustion are common reasons behind truck accidents, especially when drivers keep driving for long period without any break. Regular and timely breaks are crucial to avoid accidents.   The pressure of delivering loads in short periods of time and being paid per mile encourage drivers to push the limits, but sometimes pushing the limits is over the limit!

2. Overloading- Overloading is another example of irresponsibility on the part of truck drivers that load more goods than their truck’s capacity or the legal limit. In such a case,
they become more prone to go off balance and slip into other vehicles.

3. Being irresponsible-It is important for all drivers to realize that they need to stay professional and responsible while on the road. Under no circumstance, they should drive under the effects of alcohol or drugs. Also, although truck drivers should be trained to deal with cars, the reverse isn’t always true, but both need to share the road.

4. Speed limit-There are speed limits for a reason. Every driver ought to follow the speed limits. It can prevent many an accident and speeding even one mile over the speed limit is negligence per se..

5. Not properly trained drivers- Another reason for truck accidents is unqualified truck drivers. It is quite challenging to drive a commercial vehicle consistently, which is why there are certain parameters for the eligibility of becoming a truck driver. When an unqualified driver goes behind the wheels, other’s safety becomes at risk.

6. Tire blowouts- Tire blowouts and defects are common reasons for a number of trucking accidents. Tire failure can occur due to unavoidable contact with road debris, lack of proper air pressure, and in many occasions the result of negligence.

Truck Safety should be the first and the biggest priority on road. In case, you or any one in your family has been a victim of a truck accident, you should consult truck accident attorneys and seek legal help.

Is your lawyer using the Black Box Evidence to Make Your Case Stronger?

There can be a numbers of factors behind truck accidents, which is why it is essential to seek help from an experienced attorney if you are contemplating a truck accident lawsuit. These professionals can reveal many hidden aspects of the incident by attempting to gain access to discoverable items such as the black box.

For example a truck accident lawyer in New York handling your case should strive to obtain black box data to help establish  the proofs of your case.  If the information is available, it is an essential and crucial factor to download the black box information from the recorders that have become standard in the trucking industry for accountability and safety measurements.

Black box devices (also known as electronic data records) are now installed in trucks throughout America. These devices become the main source of information when it comes to discovering the journey of the truck.

Therefore, your lawyer should obtain and download data from the black box soon after the incident because information stored in this device may give your case a completely new and objective source of information and direction. It can help your lawyer identify the exact location of the truck at the time of the incident, as well as other information relating to the accident.  It is particularly critical if there is a truck accident death to make sure all possible information is obtained.

Black boxes provide crucial information about the vehicle that can also include performance of the truckers by analyzing factors such as speed, distance, braking, number of hours driven etc. It can also provide information like tire pressure that may be associated with vehicle maintenance issues.

On the other hand, some black boxes may also have conversations between the driver and trucking company, which may reveal vital information. It can also show information related to instances such as usage of clutch, hard braking, etc. All this information can make or break your entire case, as it may lead to discoveries such as fatigued driving, equipment failure, exceeding hours, etc.

Therefore, it is extremely important for your lawyer to send a preservation of evidence letter, which is also referred as a spoliation letter as early as possible. It is to inform the trucking company that black box information must remain protected and should not be tampered, as it is needed for the lawsuit.