There was an accident in Queens New York earlier this year where a garbage truck hit an underpass causing it to overturn and pin two other vehicles and injure four people. The compactor on the back of the truck came loose and crushed two cars behind it.
Big trucks cause big damages.
Because of the size and weight of trucks, accident victims are likely to sustain serious injuries upon impact in a collision. Truck injuries may be serious and go much further than physical injuries or property damage. Surgery, rehabilitative therapies, long-term care, loss of wages or losing a job could negatively affect a person’s ability to pay for their livelihood and family. The toll it may take on a marriage and family is enormous and can result in further medical expenses for mental health and emotional distress. If someone died as a result of a truck accident, funeral expenses, loss of financial and other support could amount to large settlement dollars if you are represented by a knowledgeable experienced law firm.
Time constraints to make a claim.
The statute of limitations for New York is 3 years for a personal injury legal claim from the date of the accident, but it is different when you are bringing a case against a municipality. Because the truck involved in this accident was a municipal sanitation truck, the statute is much shorter, and in most of these scenarios there is a ninety (90) day window from the date of the accident to file a Notice of Claim. After filing a Notice of Claim, appearance for a hearing and a medical exam may be requested before filing a legal claim. The time to commence a lawsuit against a city, village or town government is one year and 90 days. Each government entity must designate an appropriate location where the notice of claim is to be served. 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. See Uniform Notice of Claim Act §§ 1. It also establishes a uniform statute of limitations of one year and ninety days for actions against public corporations other than wrongful death actions, unless a longer statute of limitations is specified by statute.
Damages and compensation.
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.
Compensation estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court comparing the victim’s life before the accident to the limitations imposed on that life after the accident.
Contact an attorney.
The driver and/or the municipality can be sued for the truck accident depending on the determination of fault. A knowledgeable truck accident attorney will be charged with collecting and analyzing the data related to the accident. Please contact Attorney Jeremy Schiowitz at Isaacson, Schiowitz & Korson, LLP for a free consultation regarding your claim.