Truck Accidents Caused by Distracted Driving: Legal Remedies for Injured Victims
Victims of truck accidents caused by distracted driving have the right to hold the trucking company liable and collect compensation to cover their full range of accident-related expenses and losses.
Holding the Trucking Company Liable for the Trucker’s Bad Behavior
Thanks to a legal doctrine known as respondeat superior, the trucking company in addition to the truck driver is generally a liable party in a New York trucking accident. Even if the driver chooses to talk on the phone, text, watch videos, play games, or otherwise allow themselves to take their focus off the road, his employer is liable. The trucking company may also be liable under statutes that pertain to negligent hiring and training.
What this means for accident victims after an 18-wheeler accident caused by distracted driving is that they may in addition to seeking compensation from the driver also seek compensation from the driver’s employer. Further if the owner of the truck is different from the employer, then the truck owner may also be made a party to any lawsuit. This means you can recover compensation from the trucking company’s much larger liability policy, but you will need to take on its team of corporate lawyers to do so.
Recoverable Damages After a NYC Truck Accident Caused by a Distracted Driver
The personal injury laws in New York State allow you to hold the trucking company liable for a wide range of damages if you can show its driver drove distracted and caused your accident and the resulting injuries. While we cannot determine how much your case might be worth until we thoroughly investigate it and have a good idea of your current and future expenses and losses related to the accident, we can help you understand the types of damages you may be able to recover.
While the recoverable damages vary from case to case, we can generally help our clients recover a full range of damages if we can win their case. This often includes:
- Medical expenses, not covered by no-fault including ambulance, hospitalization, treatment, and prescription drug costs
- Ongoing and future care costs
- Required medical equipment
- Necessary renovations to your home for accessibility
- Lost wages
- Diminished earning capacity
- Lost benefits and retirement
- Out-of-pocket costs
- Repair or replacement of your vehicle and other personal property
- Loss of household services
- Pain and suffering damages, mental anguish, and other emotional losses
Our team can also help you explore filing a wrongful death claim if your loved one lost their life because of a distracted trucker. Call us today to learn more about recovering compensation through a wrongful death truck accident claim.
Taking Legal Action and Getting the Compensation You Deserve
In general, there are two ways you can hold a trucking company accountable for the damages its driver caused:
- Filing an insurance claim based on its liability policy and negotiating a fair settlement agreement; or
- Filing a personal injury lawsuit against the company and taking your case in front of a judge and jury
When we handle a case based on a truck accident caused by distracted driving in New York City, we prepare for trial, however will settle a case if just compensation can be negotiated. If you enlist our help to hold the trucking company responsible, we will look into your case and gather evidence to prove negligence and liability. Then, after building the best possible case, we will approach the trucking company’s legal team and seek the compensation that you are entitled under law.
Talk to a New York City Truck Accident Attorney About Your Crash Today
At Oresky & Associates, pllc, we offer free case reviews and can explain the legal remedies available to you after a distracted trucker causes you to suffer truck accident injuries. We can handle your case and will meet you in the hospital or at your home if necessary. Our clients come from Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as in Nassau, Suffolk, and Westchester counties.