Truck accident laws are vast, subject to interpretation, and also vary from state to state. Furthermore, trucking operations are also subjected to an additional layer of governance by the federal government in the form of the FMSCA.
Given the extensive nature of the legislation dealing with truck operations and safety procedures, it is not pragmatic to expect all motorists to be familiar with all of the laws. New York truck accident lawyers specialize in this field and for anyone involved in a truck accident and looking to get compensated for the damages therein incurred, you will certainly need one. One of best firms in the area is Jaroslawicz & Jaros who know how to win cases and have stacks of satisfied clients.
Legal obstacles you must over come
When push comes to shove, and a truck accident case escalates to trial, it is not uncommon for trucking operators and truck drivers to deny liability. It is the sole responsibility of the plaintiff and his or her legal counsel to prove that the defendants they have listed in the case are in fact responsible for the damages as they were negligent or malicious in causing the accident.
What you must prove
Proving fault or negligence is a lengthy process that involves four steps as follows – establishing that there was duty owed by the defendant to the plaintiff, proving that the defendant did not full fill this duty (breached of duty), establishing that this breach in duty caused damages to the plaintiff and lastly, proving that these damages are of a compensable nature and estimating the worth of the compensation.
It is without doubt an extremely daunting, challenging, and nearly impossible task for a layman to follow through with these steps successfully in a court room against a mighty corporate company (trucking operator) and their legal representatives. Therefore, we urge everyone in such a predicament to appoint the services of a professional legal expert and pursue their case in a tactful and fool proof manner which will subsequently lead to a healthy compensation either by settlement or by the verdict of a judge or jury.
You can increase your chances of this happening by hiring a golden New York truck accident attorney.
What your truck accident claim is really worth
Trucking companies also have vendors or internal employees that play the role of insurance adjustors in favor of their company if and when the company is involved in an accident. The adjustor approaches the victim/s of the accident and offers a settlement to keep the incident from evolving into a full blown lawsuit. However, these offers are seldom what they should be where the amounts offered are meager and unfair.
Unfortunately, a lot of victims accept such offers while being oblivious as to what their claims may really be worth. Something as painless and quick as a preliminary consultation (which are free of cost sometimes – certainly the first one) with an experienced New York truck accident lawyer should give a victim an approximate figure of what they can expect to get in compensation. Often times, especially in cases involving serious injuries, disfigurement, and death, compensation amounts can run well into the hundreds of thousands of dollars depending on someone’s income.
In conclusion, the best possible course of action to adopt post a truck accident is to simply consult an experienced New York truck accident lawyer dedicated to helping victims. A fantastic law firm which has made a name for itself in New York court rooms and on the street is Jaroslawicz & Jaros. Give them a call if you want your case to shine brighter. They can be reached right here.