Trucks pose a great danger to pedestrians and other motorists. The number of truck accidents in New York has been on the rise in recent years. A majority of those who lose their lives or get maimed in these accidents are motorcyclists, bicyclists, pedestrians, and occupants of other vehicles. It is predicted that more people will die in truck accidents in coming years.
These accidents mainly occur as a result of driver fatigue, and the negligence of truck owners and drivers. If you sustain injuries in a truck accident, you should bring a lawsuit against the responsible party. However, you must take note of the fact that there are certain statutory laws in New York that might affect your case. Insurance settlements and personal injury lawsuits are two of the main legal actions that you can take in the aftermath of a truck accident.
Like any other state, New York has a time frame within which you can file your truck accident claims. This is referred to as the statute of limitations. Each case has its own deadline. New York's statutes of limitations allows you to file a personal injury claim within three years of the accident date. It is important to file the case early so that there is enough time to review it.
In some trucking accident cases, the party-at-fault may argue that you are partially or wholly responsible for the accident that led to your injuries. In case there is no agreement concerning the level of liability that both parties share, the amount of compensation that you qualify to receive may be affected. During shared fault cases, a purely comparative negligence rule is followed. This simply means that your compensation will be decreased by an amount equal to your level of fault.
During truck accident cases, the court must follow the comparative negligence rule. This may also be the case if you are dealing with insurance adjusters when you decide to settle your case outside the legal system. An adjuster may choose to bring the rule into play during settlement talks. Nonetheless, you should feel free to negotiate with the adjuster since this will guarantee maximum compensation. You should consider hiring a truck accidents attorney to pursue the matter on your behalf. This will also give you time to recover from the injuries that you sustained.