A motorcyclist was killed after he collided with a dump truck in the Bronx on Sunday night, according to officials. Police said around 10:20 p.m., the victim was driving a Honda CR80 motorcycle south on Boston Road when he slammed into the passenger side of a dump truck attempting to turn onto Waring Avenue in the Allerton area. Responding officers found the man unconscious and unresponsive in the street, with trauma to his head. He was pronounced dead by Emergency Medical Services.

A truck’s size correlates to increased damages.

There are certain restrictions placed upon large trucks and tankers due to the increased dangers they pose to other drivers, based upon their size and weight alone. 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, or financial instability caused by wrongful death.

Statute of limitations.

New York has a 3 year statute of limitations to initiate a personal injury legal claim from the date of the accident, unless the accident involved a municipal truck. In this case, the statute of limitations is much shorter, where a victim has only ninety (90) days from the date of the accident to file a Notice of Claim. After filing a Notice of Claim, a victim must appear for a hearing and a medical exam, if requested. 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.

Damages.

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.

Settlement offers.

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 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.

A knowledgeable truck accident attorney can be of great assistance after a truck accident in the Bronx NY.  Determination of fault assigned to other negligent parties may include drivers, owners, mechanics, parts manufacturers, and municipal employees, along with the government entity.

Sources:

https://appext20.dos.ny.gov/noc_public/f?p=800:1:11484921182333:::::

https://newyork.public.law/laws/n.y._civil_practice_law_section_214-c

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