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Even so-called “minor” car accidents can lead to devastating injuries. In a truck accident, the considerable size difference between commercial trucks and passenger vehicles means the crash is far more likely to result in serious injury or death. 

If you’ve been badly injured in a truck accident you didn’t cause, you may be able to sue the trucking company for damages. Here’s a closer look. 

When Can You Sue After an Accident? 

New York is a “no-fault” state for car insurance, which means you must file an insurance claim with your own insurance company after a crash. However, if you suffer a serious injury in the accident, you may sue the at-fault driver. 

New York defines a “serious injury” as involving at least one of the following: 

• Death 
• Significant disfigurement 
• Dismemberment 
• Loss of a pregnancy 
• A fracture 
• Permanent loss of use of a body part or system 
• Significant, permanent limitation of a bodily function 
• Temporary inability to perform nearly all daily activities for at least 90 days 

In some instances, it may be difficult to tell if your injury meets the threshold or not. Your lawyer can help you determine whether you’re eligible to file a lawsuit. 

When Is the Trucking Company Liable? 

Many people who suffer injuries in truck accidents believe their only option is to sue the person behind the wheel — the truck driver. However, the legal doctrine of respondeat superior holds employers responsible for their employees’ actions (as long as the employee is working within the scope of normal employment). 

If you file a lawsuit with the help of an attorney, your lawyer might recommend naming the truck driver on the lawsuit as well. However, because trucking companies have far more resources (and more substantial insurance policies) than their employees, naming the trucking company as the defendant often makes the most financial sense. 

In some cases, the trucking company’s liability might extend beyond its legal responsibility for employee actions.  

Ignoring Hours of Service Regulations 

To ensure commercial drivers aren’t driving when overly fatigued, the Federal Motor Carrier Safety Administration established hours of service regulations to limit the number of consecutive hours a driver may spend behind the wheel.  

Unfortunately, some trucking companies pressure drivers to disregard these regulations, and that makes accidents far more likely. 

Not Properly Screening or Training Drivers 

Trucking companies are responsible for ensuring they don’t make hiring choices that jeopardize the public. For example, if a trucking company hires someone with a recent reckless driving conviction and that person causes an accident, the trucking company may be liable. 

Not Properly Maintaining Trucks 

Some trucking companies may try to cut costs by failing to perform proper vehicle maintenance. If that poor maintenance leads to an accident, the trucking company would likely be held responsible. 

What Kind of Compensation Can You Recover? 

If the trucking company agrees to settle your lawsuit or you win your case in court, the trucking company will pay you damages, or compensation for losses. These are some of the losses you might be able to receive compensation for. 

Medical Costs 

The trucking company may pay for your medical care or reimburse you for care you’ve already paid for yourself.  

If your injuries are expected to heal fully, you may not need compensation for future medical care. However, if you suffer a catastrophic injury that will require lifelong management and care, you might also receive compensation for future medical care. 

Lost Income 

After a truck accident, medical bills often aren’t the only financial problem you must contend with. Most people with major injuries are unable to work for a significant period of time.  

You might receive compensation for the wages you’ve lost, and if your injury has left you with a permanent total or partial disability, you could possibly receive additional compensation for your diminished earning capacity. 

Pain and Suffering 

“Pain and suffering” is an umbrella term for emotional anguish, physical pain, loss of quality of life, and other losses that don’t come with a price tag. Because these damages are harder to prove, recovering compensation for them is often challenging. However, your attorney can help create a strategy to maximize your chances. 

Need Legal Help? 

There’s no such thing as an “easy” personal injury case. But when you’re facing off with a major trucking company, your case may be more challenging than most.  

The Silberstein and Miklos team has recovered millions of dollars for our clients. We aren’t afraid of a challenge — we often take on (and win) cases other lawyers have refused. If you’ve been hurt in a serious truck accident, call us or get in touch online to book your free consultation!