|
Home
> Trucking
Accidents > Frequently
Asked Questions
Trucking Accident FAQs
Is my case
any different if I am injured, or a family member is killed,
by a truck as opposed to any other vehicle driver?
Yes. Although the same laws of negligence will apply, there
are special Vehicle Code sections which apply only to commercial
truck drivers and trucking companies and there are special
licensing and training requirements of truck drivers which
generally make truck accidents harder to defend and easier
to win for plaintiffs.
How do I deal with
trucking companies or their insurance carriers after a truck
accident?
One thing you have to know is that you are not negotiating
on level ground when dealing with a trucking company after
an accident. Most trucking companies are highly skilled at
auto truck accident investigation and claims practice. These
adjusters represent the truck company,not you. Do not give
them any type statements or sign any releases for medical
records or employment records. Often the medical release allows
the adjuster to talk to the doctors without you or anyone
being present.
Truck companies have accident investigators that are on call
and dispatched to the scene of the crash as soon as the trucking
company learns there has been an accident. Further while the
families of the accident victims are tending to medical and
hospital care and funeral arraignments, the trucking company
is investigating the accident and setting up their defense.This
is why the victims big truck accidents need to also have a
team of investigators on their side, fighting for their rights.
Keith Kleinick can offer you more information about structured settlements if you are currently receiving compensation after being injured in a truck accident.
Who
can be sued in a truck accident case?
Any person or entity who was at fault for causing the accident
can be sued. This includes the truck driver and the trucking
company, the owner of the trailer, the shipper, as well as
any other driver, person or entity who in anyway contributed
to the accident, such as the manufacturer of one of the vehicles
involved in the accident, the manufacturer of a tire that
contributed to the accident or the owner of any public or
private property whose negligence contributed to the accident.
Who can sue
in a truck accident injury or death case?
Anyone who is injured or has had a loved one killed in a
truck accident can sue as long as some other person or entity
is at fault for the accident. This includes adults and children
(who can sue through guardians or parents); and even truck
drivers if another person or entity was at fault for the accident.
How soon must
I bring an injury or death case based on a truck accident?
A Big Rig Accidents and/or wrongful death action, each state
has a different law. In some state a truck accident case must
be brought within two years of the date of the decedent's
death, if death occurred on or after January 1, 2004; and
one year from the date of decedent's death if the death occurred
prior to January 1, 2004.
What
damages can I, or the survivors of a loved one, recover in
a truck accident injury or death case?
Each state has a different law. A seriously injured plaintiff
may be entitled to recover all of his or her past and future
medical expenses; past and future loss of income/earning capacity;
past and future pain, suffering and emotional distress and
in cases in which the defendant's conduct is particularly
bad, punitive damages may be awarded to punish the defendant.
If a person dies in a truck accident, the survivors may recover
monetary damages for their economic losses and emotional distress
damages for loss of society, love and comfort.
Do
I need an attorney to litigate my truck accident case?
Yes. Unless you have a very minor injury, which is rare in
truck accident cases, you will need to retain an attorney
to establish liability against any potential defendants and
help maximize your damage recovery.
If you or someone you know has been injured as a result of a truck accident, contact our New York City Truck Accident Lawyers at Kleinick Law and fill out a free case evaluation form today! Your initial consultation is FREE! "If we don't win, you don't pay!"
|
