Every accident is unique, but those involving 18-wheelers are in a class of their own. Understanding how liability and compensation work in these wrecks is a critical step towards your recovery. So, too, is hiring a law firm that is dedicated to advocating for you.
In New York, Carden Dotzler Hammond, PLLC represents truck accident victims in seeking the damages they deserve. Were you or a loved one injured? It’s time to schedule your consultation with us.
How Liability is Different
Accident victims who wish to file a personal injury lawsuit have the obligation of proving that another party is at fault and therefore liable for their losses. This is no less true of accidents involving 18-wheelers. But liability in these cases is more complex, for such reasons as:
- More potential at-fault parties: There are multiple parties who could be held liable, such as the driver, the trucking company, and the cargo loading company. A manufacturer of the truck’s parts and a maintenance company could also share blame.
- Different evidence: An experienced truck accident lawyer will know what evidence to look for like the log book and insufficient inspection work. The lawyer will also know how to act quickly to preserve the evidence, since it could otherwise get destroyed.
- Federal regulations: Another reason you need an attorney who understands truck accidents is that 18-wheelers are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations. Violations of these rules could be strong evidence of liability.
- More complex litigation: The above factors all complicate discovery and negotiations. The victim may also need an expert witness, such as an accident reconstructionist, to explain how the crash occurred. Overall the process could take more time than with other types of accidents.
Not every lawyer is equipped to represent commercial truck accident victims, because not every lawyer understands the above factors. The truck accident attorneys of CDH Law have extensive experience representing New York victims.
How Compensation is Different
You can assume that compensation will look different as well, due to the above and other factors. Retaining knowledgeable legal representation is important if you wish to seek the maximum legal damages available. Here are some points to keep in mind:
- More serious injuries: 18-wheelers are larger and heavier than passenger vehicles, so the victim’s injuries may be catastrophic. This translates into potentially major damages like past and future medical bills, lost income and lost earning capacity, and pain and suffering.
- Insurance policies may be larger: Compared to liability insurance policies covering passenger vehicles, those that cover commercial trucks are usually worth more money. What this means is more potential compensation available to the victim.
- Higher settlements: Serious injuries and larger insurance policies can translate into larger settlement amounts. Although the dollar value of the case will depend on the specific circumstances of the accident, settlements on average tend to be higher.
- More aggressive defense tactics: With more money on the table, the at-fault parties, their lawyers, and their insurers will be more aggressive in defending their interests. As a result, negotiations will become a key turning point in the litigation process.
You Need Tenacious Legal Counsel
Inexperienced legal counsel could cost you in the long run. Once you settle or a court issues a judgment, there is no second chance to seek more compensation. From start to finish, you need a firm that is prepared to argue for the damages that will help you recover from your injuries.
If you were hurt in a New York 18-wheeler crash, find out the difference that CDH Law can make for you. Connect with us now to get started.