If you’ve been hit by a truck, call a lawyer as soon as you are able to. This way, the lawyer will preserve the details of the occurrence so that you will obtain the maximum compensation. You can call us at 718-509-9774 or 718-509-9774 or send us an email at firstname.lastname@example.org.
When you’ve been hit by a truck, you are entitled to damages, which should include medical expenses, lost wages, and future lost earning capacity. It may also include property damage, physical pain, loss of enjoyment in life, emotional trauma, and pain and suffering. An attorney, like us, can help you write a demand letter on your behalf to the driver, the employer, and their insurance company to set the stage for settlement negotiation. If the insurance company is not offering the amount that you are entitled to, then we will go to litigation and to trial to get the best possible result.
Legal obligation to stop and share contact and insurance information
When property, another vehicle, or a pedestrian is hit by a truck, New York law requires that the driver stop to see if anyone is injured or if there is any damage, to share contact, license, and insurance information with the other party, and to call 911 or report to the nearest police station if someone has been seriously injured or killed. If one fails to observe this procedure, he can incur penalties which may include a fine, court costs, other fees, and jail time.
Elements of Negligence
If you’ve been hit by a truck, a personal injury attorney, like us, can help you prove that the driver owed you a duty of care, the driver breached that duty of care, the driver’s actions caused you harm, and because of the driver’s actions, you’ve suffered a physical, emotional, and/or financial injury. In addition to the regular elements of negligence, we must also prove that the driver was acting in the scope of his employment in order for the employer to be liable.
What does acting in the scope of employment mean? Generally, the driver must have been on official duty doing official tasks for the company. If the driver was on his way home using the company car, the employer may not be considered liable. If the driver was using the truck to run personal errands, the employer may not be liable. However, due to the nature of work required in driving a truck, more often than not, the driver will always be on duty and acting within the scope of his employment, because the driver generally does not use a truck like a company car to run personal errands.
What to do if you’ve been hit by a truck
Although the requirements for negligence appear straightforward, each element has to be proven with as much documentary and testimonial evidence as possible. For this reason, you need to gather enough evidence to strengthen your claims. This includes the police report, medical reports regarding your injuries, photographs of the accident scene, photographs of injuries, medical bills and expenses, and a list of all property damage and repair expenses. If you are claiming for lost wages and future lost earning capacity, you need your pay stubs, bank statements, and tax returns to show how much you were earning and a medical report from your doctor stating the time you need to stay home for recovery.
The driver and the company may be responsible
You may be able to sue both the driver and the company that employs the driver under the theory of vicarious liability. Vicarious liability under the New York Vehicle and Traffic Law (VTL) § 388 provides that an employer may be liable for death or injuries caused by an employee who is driving a company car and acting within the scope of his employment. This theory of vicarious liability is important in personal injury cases because the employer and its insurance company will have the means to compensate you for the accident.
A personal injury attorney, like us, will guide you through the process and will be able to tell you how much time you have after your accident to file a lawsuit. Generally, it’s three years from the time of the accident, but the periods are shorter if the claim is against the state, the city, or the municipality. You need to be ready to file your claim, even if you’re still negotiating with the insurance company. If you do it yourself, the insurance company might try to negotiate with you for a long time, just enough for the statute of limitations to expire and for your period to file a lawsuit to lapse. Most lawyers will accept personal injury cases on contingency.
If you’ve been hit by a truck and you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or 718-509-9774 or send us an email at email@example.com.