Delivery Truck Accidents in New York: Whom Do You Sue for Your Car Damages?

It can be confusing trying to figure out whether you can even file a personal injury lawsuit for a truck-related accident injury. New York is a no-fault, non-tort insurance state, and drivers are extremely limited in their ability to sue for damages. Most drivers file with their own insurance companies for reimbursement for damages and medical expenses. Drivers in fender-benders and mild accidents follow those rules. However, delivery truck accidents often result in catastrophic injuries and death. These kinds of injuries often qualify for an exception that allows the drivers to sue for an at-fault truck driver.

Devastating Injuries Come with Compensations in New York

Many injured drivers under no-fault insurance complain about low settlement amounts. Drivers in New York can’t sue for pain and suffering emotional distress and other non-economic damages under no-fault insurance. The exception occurs when injuries are severe like dismemberment, death, disfigurement, head and spine injuries, etc. In those cases, victims are allowed the full benefits of filing a tort against the truck driver.

According to a post at policyadvice.net, truck drivers have recently gained notoriety for the number of severe accidents and deaths they cause. Trucks cause severe injuries because they weigh 20 to 30 times more than passenger vehicles. In an accident with a truck, only the luckiest people come away relatively unscathed. Truck accidents cause extreme physical injuries and psychological damage.

The statistics show that truck accidents cause an average of 1,098 deaths in New York each year. The average number of truck-caused hospitalizations is 12,093. Hospitalizations run highest among young people between the ages of 20 and 24.

In New York, you can sue for damages against the truck driver if you sustain extreme injuries. That’s probably woefully inadequate compensation, but at least you can get the full benefits for your pain and suffering, loss of consortium, loss of companionship, emotional distress, and possibly punitive damages.

Multiple Defendants Are Often Sued in Truck Injury Cases

According to an article posted at abajournal.com, multiple defendants are often sued in truck injury cases. Citing a case in Washington that resulted in horrific injuries for the opposing driver and mental damage to the driver’s three sons, he sued the truck driver and trucking company successfully.

You can sue multiple people if negligence was involved on the part of the driver, trucking company, and maybe even the cargo owner. If some property obstruction contributed to causing the damage, the property owner could be sued. That’s a far cry from getting a quick settlement from your own insurance company, which is standard procedure for most no-fault claims.

The Department of Transportation Report to Congress suggested that a major study found passenger cars at fault in 56% of accidents with trucks. However, the severity of the passenger injuries makes these cases considerably more compelling and frightening.

Truck Drivers Usually Survive Accidents

According to an article posted at ncbi.nlm.nih.gov, a clinical study of truck driver accidents found that only13% of truck drivers were injured. The only time death occurred among drivers was when other trucks were involved. 82% of the other vehicle passengers were injured, many severely.

Conclusion

Passenger vehicles provide little safety when colliding with a multi-ton delivery truck. Injuries are severe, often life-threatening or life-changing. Contacting a Westbury truck accident attorney is necessary to understand the complexities of New York law. Insurance reform doesn’t work as well as expected.

Premiums have risen instead of dropping as promised. Making the best of a bad situation, truck-related injury victims can sue for full damages - as long as they sustained extreme injuries. Covering all the expenses of severe injuries is easier with access to funds beyond the limit of $50,000 for bodily injury in common no-fault insurance policies. Personal injury lawsuits allow you to receive compensation for pain and suffering, emotional distress, loss of consortium, loss of companionship, and punitive damages.