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Who Might Be Liable for Damages After a Truck Accident?

>Who Might Be Liable for Damages After a Truck Accident?

Tractor-trailers weigh up to 20 times more than the average car, so it’s no surprise that the occupants of smaller vehicles tend to suffer the worst of the impact in these accidents. Brain trauma, whiplash, and broken bones are all common injuries in truck crashes, and thousands of people die in these collisions every year.

If you were hurt or lost someone you love due to the negligence of a truck driver, you have the right to pursue compensation for medical bills, lost income, and other damages. Unfortunately, these claims tend to be far more complicated than accident cases involving regular vehicles, because the damages tend to be more significant and there are many parties who might be liable, including:

  • The commercial driver;
  • The motor carrier;
  • The motor carrier’s maintenance contractor;
  • The vehicle manufacturer;
  • The cargo loading company;
  • The municipality responsible for maintaining the roads; and
  • Other motorists who were involved in the collision.

If you were hurt in a crash with a big rig, the New York City truck accident attorneys at The Law Office of Richard M. Kenny can evaluate your case for free and help you identify all potentially liable parties. Our legal team has more than 100 combined years of experience in legal practice. Call 212-421-0300 to schedule a free consultation with a seasoned personal injury lawyer.

Read on for a brief overview of New York’s comparative negligence laws:

Pure Comparative Negligence

Courts in New York follow a pure comparative negligence rule when awarding damages. Under this system, a claimant’s own liability, no matter how great, will not inhibit recovery.

Instead, the total allowable damages will be reduced by the claimant’s own percentage of fault. That means if you incur $100,000 in damages following a truck accident but you are deemed 30 percent liable for the wreck, you will only be able to recover $70,000, or 70 percent of the total damages.

Joint and Several Liability

In general, New York courts hold all at-fault parties jointly and severally liable, so each party is technically 100 percent responsible for the full extent of the damages. That means the claimant may recover the full judgment from any one of them and/or seek contributions from the others; however, there are some exceptions to this rule. For example, if a particular party is less than 51 percent at fault, they are only responsible for covering the claimant’s non-economic damages.

Call 212-421-0300 to Speak with a Truck Accident Attorney in New York City

If you were hurt in a truck accident, you can expect the insurance company to look for any possible reason to dispute liability. When you turn to The Law Office of Richard M. Kenny, though, you will have a strategic attorney who will aggressively represent your interests during settlement negotiations.We will use all of the resources at our disposal to help you pursue the compensation you deserve. We have recovered more than $100 million on behalf of our clients. Call 212-421-0300 or use our Online Contact Form to set up a free case evaluation with a truck accident lawyer in New York City.

2018-11-05T08:04:35+00:00 November 5th, 2018|Blog, Truck Accidents|Comments Off on Who Might Be Liable for Damages After a Truck Accident?