When you are in a wreck with a commercial truck, it is far more complex than a standard car crash. Deciding who is responsible for paying for things like damages, medical bills, and pain and suffering is not so complex. A trucking accident lawyer can help you learn more about your options. Seek legal help if you were in a wreck.
Liability and At-Fault
Unlike many other states, New York is a No-Fault state. No-Fault means that it is possible for insurance companies and even a judge to decide that there was no single entity at-fault for an accident.
It doesn’t mean that an insurance company can’t find someone at fault. You can start assessing your options when it comes to liability.
If the insurance company determined you as the “at-fault” driver, then you may have a hard time fighting for further compensation. That doesn’t mean you can’t personally sue a truck driver or a trucking company.
If the insurance companies decided that the driver of the truck was at fault, you have a number of options available. An injury lawyer can help you pursue legal options from the truck driver or the company.
Circling back to this no-fault issue, you can seek other legal possibilities than just what your insurance company has to offer. In many cases, people don’t have the full coverage necessary to take care of medical bills. Pain and suffering, medical costs, and in some cases even personal loss are options.
For many people, it is better to hit the no-fault threshold when it comes to seeking legal claims.
Frequent Issues That Make the Company Responsible
Trucking companies can become responsible for any crash that was caused by one of their drivers. Some companies try to get out of this by allowing their drivers to “own” the vehicle, but that doesn’t fully excuse them from anything.
When it comes to legally claiming the company is responsible, you’ll want to show some extent of negligence. Negligence can include:
- Improper driver training
- Improper or failing to maintain the truck
- Also, improper equipment maintenance
- Inadequate break or rest periods for drivers.
Can You Sue Both?
Yes, you can sue both the driver and the trucking company. Truck drivers are doing their job and often act according to their company policies. However, there are times when things do not go as planned.
You can sue a truck driver for things such as reckless behavior, and similar issues. You can also sue a trucking company for negligence if they promote unlawful behavior.
Most trucking companies follow the law because they would like to stay in business. But, there are many trucking companies that encourage their drivers to falsify logbooks or avoid inspections.
A truck wreck lawyer can help you identify areas of negligence or poor actions on the part of the driver and the company.
When You Need A Trucking Accident Lawyer
If you already feel like you are up against a trucking company, you need legal help. Those companies pour hundreds of thousands of dollars into legal protection. Going after these companies on your own will almost never turn out well.
An accident attorney can help you pursue the claim that you need. Medical bills, wage loss, pain and suffering, and damages are payouts that you need. These aspects are vital to anyone looking to get their life back on track after a serious crash.
Get a truck accident lawyer involved during the insurance claim process. Accepting a settlement through your insurance, or speaking with the company’s insurance holder can alter what relief is available.
If your insurance company wants you to speak with the trucking company, or tries to get you to accept a settlement, stop communication. Often insurance companies don’t want legal proceedings to take place because it disrupts their business. Don’t fall for accepting a settlement that is anything lower than what you need to take care of yourself.
Contact a Virginia Truck Accident Attorney Now
Truck accidents most often happen because of a tired driver, or improperly maintained trucks. Both of these issues fall to the responsibility of the trucking company.
They are responsible for ensuring that their drivers have both proper break and rest periods. They are also almost always responsible for the maintenance of the equipment. If you believe that your wreck was due to the driver or the company, get help.
Virginia Injury Law offices aim to help those who were in trucking accidents. The offer exceptional service, personalized case reviews and make case managers available around the clock. Get help with resolving the aftermath of your wreck.
Let's get started with your free consultation!