When a pedestrian in NY suffers injuries in an accident that was caused by a truck driver, they may wish to file a lawsuit against the trucker and/or trucking company in an effort to recover compensation for their injuries and losses. For instance, if you accrued thousands of dollars in medical bills that you now cannot afford to pay, you likely want the party who hit you to cover these costs. The same applies with lost income. If the accident resulted in you being unable to work or cost you your job, then someone (other than you) needs to make up for this loss of income you would have otherwise received had you not been involved in the wreck.
There are several other reasons why truck accident victims choose to file a lawsuit against the truck driver they were involved in an accident with. Some include:
- They weren’t able to recover enough money from their insurer or the other party’s insurance policy.
- They are seeking compensation for pain and suffering, something that is generally not paid for by an insurer.
- They are seeking compensation for mental anguish, loss of enjoyment of life, or another non-economic damage that insurers don’t cover.
- The victim is seeking punitive damages. When a victim is awarded punitive damages, these not only serve as a form of monetary relief, but they also aim to punish the negligent party for their reckless or careless behavior.
Now, when a pedestrian decides to file a personal injury lawsuit, not only will he or she need to hire a truck accident lawyer in Nassau, NY who will determine what damages he or she should receive, but they also need their lawyer to help identify in what ways was the truck driver negligent.
How to Prove Negligence in a Personal Injury Case
In nearly all personal injury cases, even those that involve pedestrians and large trucks, the plaintiff (i.e. the victim) needs to prove that the truck driver who hit them was negligent if they want to increase their chances of securing a favorable outcome. “Negligent conduct may consist of either an act or an omission to act when there is a duty to do so” [Source: Cornell Law School].For example, a commercial truck driver is expected to operate their vehicle safely and responsibly to prevent an accident occurring. If a trucker violated one or more state or federal laws or failed to obey a traffic law knowing their behavior could cause an accident, he or she would be considered negligent.
Now, in order to prove negligence, Cornell Law School says that these four elements must be present:
- The existence of a legal duty that the defendant owed the plaintiff.
- Defendant’s breach of that duty.
- Plaintiffs’ sufferance of an injury.
- Proof that the defendant’s breach caused the injury.
Proving a trucker was negligent isn’t always easy which is why there are qualified truck accident attorneys such as those at Isaacson, Schiowitz, & Korson, LLP who can assist with your case. To learn more about why you need to retain legal counsel after suffering injuries in an accident involving a large truck, contact Nassau, NY truck accident attorney Jeremy Schiowitz today at 646-374-8369.
Isaacson, Schiowitz, & Korson, LLP has two offices which are located at:
Long Island Office
371 Merrick Road, Suite 302
Rockville Centre, NY 11570
New York City Office
5 Pennsylvania Plaza, 23rdFloor
New York, NY 10001