Truck drivers pass through Niagara Falls on the many interstates leading in and out of New York state. Unfortunately, contending with the traffic in Niagara Falls isn’t easy for anyone. While truck drivers have an obligation to protect the people on the road with them, distractions, auto malfunctions, and even other drivers can lead them into dangerous accidents.
Do those other distractions and difficulties excuse the negligence that led to your truck accident, though? No. You still have the right to work with a Niagara Falls truck accident attorney to hold a truck driver or their employer accountable for your losses. Richmond Vona, LLC can connect you with a personal injury lawyer in Niagara Falls who can represent your best interests today.
What Do Personal Injury Accident Claims Do for You?
Personal injury claims allow you to demand fair financial support after someone else’s negligence causes a truck accident. Instead of taking on the struggle of paying accident-related bills yourself, you can outline the economic impact someone else had on your life. You can then demand that said party helps you overcome the financial struggle of recovery.
If you want to take legal action against the party liable for your recent truck accident, you need to file a personal injury claim within the deadline established in New York Civil Practice Law & Rules section 214.
This, known as New York’s personal injury statute of limitations, gives you no more than three years to gather the evidence necessary to hold a truck driver, trucking company, or related party responsible for your accident.
Evidence, Contracts, and New York’s Burden of Proof
Before you bring your personal entry claim forward to civil court, you need to know who you have the right to hold accountable for your recent losses. You can determine who bears the most responsibility for your accident by first assessing the evidence related to your claim.
What evidence do you have indicating that someone owed you a duty of care and then violated that duty? The answer depends on the nature of your accident and the availability of certain data.
Most trucks have black boxes that you can reference to determine how the truck and its driver were behaving at the time of your accident. Our team can act quickly to get a black box’s data, though, as trucking agencies can send their own people to the scene of an accident to obscure data and protect themselves from responsibility for your losses.
You can similarly bring forward physical debris, witness statements, expert witness testimony, video footage of the accident, and other forms of data to prove that you deserved to benefit from a duty of care. Bringing forward this data can allow you to meet New York State’s burden of proof and move your case forward.
Who Do You Hold Accountable for a Truck Accident?
Evidence and contracts may hold equal sway over your right to hold a certain party accountable for your losses. The parties that can most often appear in a truck accident claim as a liable party can include the following:
Companies
Trucking companies assume liability for the behavior of their drivers, packers, and other parties on the road when those parties operate as employees. You must prove that the party responsible for your accident was an on-duty employee at the time your crash took place if you want to argue that you have the right to sue a trucking company for your losses.
Truck Drivers
Most corporations prefer to avoid assuming liability for the behavior of their truck drivers. That’s why most truck drivers today operate on independent contractor contracts. Should a company argue that the truck driver who caught your accident operates as an independent contractor, you may sue the individual but not the corporation.
Third-Party Trucking Affiliates
Trucking agencies that work with third-party affiliates, including packing companies, truck manufacturers, or a specific chain of mechanics, may place the blame for your accident on those parties’ misconduct.
If evidence dictates that these parties bear some of the blame for your losses, you may have the right to divide fault between a liable trucking agency or driver and the affiliated third party.
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John Richmond and the team at Richmond Vona did an incredible job with my complicated personal injury case. They made sure no stone was unturned and got me the settlement I deserved for my situation. They treat you well, explain everything you need to know and more so you are always in the loop about the status of your case. John was easy to get in touch with anytime during the process and made signing paperwork easy and understandable. Their entire staff is professional and helpful throughout the process These guys are fair, trustworthy, and will stand up for you!
This firm’s attention to detail is second to none. It’s evident that they are true professionals and really care about their injured clients. This is the firm to call if you have been seriously injured due to someone else’s negligence.
How to Request Fair Compensation After a Truck Crash
You do not have to go to trial to qualify for financial support after a truck accident. Niagara Falls attorneys can arrange out-of-court negotiations with either a trucking company, an independent driver, or any other party liable for your losses.
You can present an estimate of your total losses in these out-of-court negotiations and come to an agreement as to what settlement you deserve by having civil but mediated conversations with a liable party.
A settlement negotiation is only as successful as its parties are cooperative, though. If a liable party refuses to meet with you or otherwise refuses to acknowledge the validity of the losses you submit in your claim, don’t panic. You have other options. You can then work with a truck accident attorney in Niagara Falls to take your claim to civil trial.
Let’s Take Your Truck Accident Claim to Civil Court
You need to work quickly if you want to take action after a truck accident. Insurance companies often make you reach out to them within 24 hours of an accident if you want to argue for damages under an offending party’s policy. If you decide to take legal action against a negligent party, you’re already fighting against New York’s personal injury statute of limitations.
How can you contend with all of these pressing deadlines on top of your injuries and other losses? When in doubt, let professionals lend you a hand.
Contact the truck accident attorneys in Niagara Falls today to learn more about the legal services that can help you pay your accident-related bills. The personal injury lawyers with Richmond Vona, LLC can meet with you free of charge to discuss what steps you can take to recover.
