Tractor-trailer Rear-ending Passenger CarIrondequoit, NY- Accidents involving large commercial vehicles can be devastating for a family. Accidents involving commercial trucks occur with less frequency that car accidents, but when these accidents do happen, the result can far more devastating for the victim and their loved ones, leaving the victims with many questions. Here we’ll answer some of the more commonly asked questions, but we encourage any victims to consult with a truck accident attorney before making any decisions about how to handle their case.

Do I have legal rights if I’m in a truck accident?

Yes. You do if the accident was due to the actions of a truck driver or a trucking company.  You have the right to seek compensation for your injuries.  If a loved one is killed, you can file a wrongful death suit against the responsible party or parties. Truck accident victims can expect all relevant parties to cover any accident-related expenses they incur as a result of a truck driver’s or trucking company’s negligence. The key to a successful injury claim is proving who was at fault and to what degree.

What kind of compensation am I entitled to?

Truck accident victims can seek compensation for their medical bills, funeral expenses, loss of companionship and financial support and damage to their property. Those who suffer a catastrophic injury which leaves them permanently disabled or maimed are eligible for the costs of their rehabilitation, special equipment and long–term care. How much a victim receives depends on the severity of their injuries, the long term effects of those injuries, how much time they lose from work. Truck accident settlements can be as little as thousands of dollars to hundreds of thousands and even millions, but that all really depends the different circumstances at play.

What if the police reports says I’m partly to blame, can I still be awarded compensation?

Usually, you can still seek compensation for a truck accident even if the police report says you are partly to blame. There are some states that forbid a person from seeking compensation if they played a role in an accident, but a majority of states have “contributory negligence” or “comparative negligence” statutes. These laws allow victims to seek compensation even if they played a role on an accident.

Do I need and attorney before I talk to an insurer?

If you have incurred minor injuries following a truck accident and plan to settle you can talk to an insurer without legal representation. However, if your injuries are serious or catastrophic serious or you lost a loved one; it would be to your benefit to direct an insurer to your Irondequoit truck accident attorney. Insurers are focused on reducing their liability and anything you say to them can be used against you when negotiating for an injury settlement.

Should I Hire a New York truck accident attorney?

Some truck accidents are minor and the victim will receive a fair settlement offer from the at-fault driver’s insurance company or the trucking company. But victims of serious accidents should get New York truck accident attorney to help them seek an appropriate settlement that covers all of their current and future expenses. Even if you don’t want to go to court, hiring an attorney like Martin Montilino will give you the advantage when negotiating for a truck accident settlement.