Earlier this year a truck accident on the Verrazano bridge caused roadblocks and commuter delays, while two drivers sustained non-life threatening injuries. A container truck apparently smashed into the back of a tanker truck on the 4,260-foot span linking Staten Island and Brooklyn shortly before 6 a.m., delaying MTA bus service and some Staten Island Expresses Buses.
Truck’s size directly correlates to increased damages.
There are certain restrictions placed upon large trucks and tankers because of the increased dangers they pose to other drivers based upon their size and weight alone. Additionally, truck accident victims are more likely to sustain increased property damage and serious injuries upon impact in a collision. Fractures, surgery, traumatic brain injury, and even death could result from an accident with a truck causing long term expenses from surgery, rehabilitative therapies, long-term care, loss of wages or losing a job, negatively affect an individual’s ability to pay for their livelihood and provide for a family. Emotional tolls may destroy marriages and families resulting in expanded costs for mental health care If someone died as a result of a truck accident, funeral expenses, loss of financial and other support could amount to large settlement dollars when legal representation is experienced in personal injury law and has a strong knowledge base off the trucking industry.
Statute of limitations.
After an accident with a truck, the reality of the expenses that will continue to be incurred over the insurance payments may become a harsh reality leaving no choice but to sue for damages. An individual only has a certain amount of time to initiate a lawsuit in this case, which in New York, is 3 years for a personally injury legal claim from the date of the accident. If the accident was caused by a municipal truck, the statute of limitations is much shorter, and in most of these scenarios, a victim has ninety (90) days from the date of the accident to file a Notice of Claim. After filing of a Notice of Claim, a victim must appear for a hearing and a medical exam if requested. The time to commence a lawsuit against a city, village or town government is one year and 90 days. Each government entity must designate an appropriate location where the notice of claim is to be served. The Uniform Notice of Claim Act makes General Municipal Law (“GML”) §50(e) the governing notice of claim statute for actions against all public corporations. See Uniform Notice of Claim Act §§ 1. It also establishes a uniform statute of limitations of one year and ninety days for actions against public corporations other than wrongful death actions, unless a longer statute of limitations is specified by statute.
Damages may include hospital/medical expenses; funeral expenses, past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by a truck accident.
Accident reconstruction specialists and economists can be useful in estimating proposed compensation amounts based on pain, scarring, emotional harm, or short and long term psychological and physical limitations that are not as easy to calculate compared to medical expenses and vehicle damages.
A settlement amount must be decided upon with the input from lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court, comparing a victim’s life before an accident to the limitations imposed on that life after the accident.
Seek legal counsel.
The driver, the owner, a parts manufacturer, or other parties to the accident and/or a municipality can be sued for a truck accident depending on the determination of fault. A knowledgeable truck accident attorney can be of great assistance after a truck accident in Staten Island NY.