How Can I Prove That the Truck Driver Was Negligent in Causing the Accident?
You never expected to be in this situation. One moment you were driving down the road, then everything changed. In the aftermath of a truck accident, you may be facing painful injuries, mounting bills, and uncertainty about what comes next. It is natural to feel overwhelmed, especially when trying to recover while also wondering how to hold the responsible parties accountable.
At Greenspan & Greenspan Injury Lawyers, we understand how deeply these events can affect your life. Since 1959, we have stood beside New Yorkers during their most difficult moments, offering skilled and compassionate legal representation.
One of the most common questions clients ask is, What damages can I recover in a truck accident lawsuit? In this guide, we will explain the different types of truck accident damages available under New York law, how to calculate them, and why having the right legal team makes all the difference.
Truck Accidents Often Cause Serious Harm
Large truck accidents are some of the most severe motor vehicle collisions. In 2022, the National Highway Traffic Safety Administration (NHTSA) reported that approximately 160,600 people were injured in crashes involving large trucks nationwide. Due to their size and weight, commercial vehicles tend to cause more extensive physical injuries and property damage than smaller passenger vehicles.
Victims often face overwhelming costs, not just financially, but emotionally and physically as well. That is why understanding your legal rights and what damages in truck accident cases may be available is so important.
Legal Truck Accident Damages Are Designed to Help You Recover
In New York, the legal system allows truck accident victims to seek damages from the at-fault party through a personal injury lawsuit or insurance claim. The purpose of these damages is to make you “whole” again. In other words, to compensate for your losses and help support your future needs. There are several categories of damages you may be entitled to, depending on the specifics of your case.
What Types of Damages Can I Recover in a Truck Accident Lawsuit?
Every situation is unique, and the actual amount you are entitled to will depend on several factors such as the extent of your injuries, your prognosis, the overall impact on your well-being, details of how the accident occurred, and the liable party. Indeed, the experience and skill of your legal team can also impact what you receive. The following are the types of damages you may be able to recover as part of your truck accident claim.
1. Economic Damages
These are measurable financial losses resulting from the accident, and include:
- Past. present, and future medical bills;
- Emergency care and hospital stays;
- Prescription medication and physical therapy;
- Lost income and reduced earning capacity; and
- Property damage (such as vehicle repair or replacement).
Medical records, pay stubs, and expert testimony often support these compensatory damages for truck accident injuries. It is important to seek medical attention for your injuries and follow the treatment plan provided by your healthcare provider. Taking this step can help prove the extent of your injuries and ensure that there is no question about how you sustained them.
2. Noneconomic Damages
These damages address losses that are more difficult to quantify but are no less important. Noneconomic damages may include:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Loss of consortium (companionship and relationship damages).
New York does not cap noneconomic damages in personal injury cases, which means your attorney will work to prove the full extent of your emotional and physical suffering.
3. Punitive Damages
Although rare, punitive damages may be awarded if the defendant’s conduct was especially reckless or egregious, such as a truck driver operating under the influence of drugs or alcohol or a trucking company’s blatant or repeated disregard for Federal Motor Carrier Safety Administration (FMCSA) regulations. The purpose of these damages is to punish the wrongdoer and deter similar behavior in the future.
Calculating Damages in a Truck Accident Case
Correctly calculating damages in a truck accident case involves a detailed review of your medical expenses, employment history, expert evaluations, and personal testimony. At Greenspan & Greenspan Injury Lawyers, we work with financial analysts, medical experts, and accident reconstruction professionals to calculate the full extent of your current and future losses.
Remember, the insurance company is not on your side. Their goal is to pay out as little as possible. They will often offer quick settlements that may seem reasonable to cover your current expenses, but do not consider the impact on your long-term well-being. It is important to remember that once you accept a settlement offer, you cannot go back and request additional funds. Our goal is to ensure you receive every dollar you are legally entitled to so that you can fully recover.
Greenspan & Greenspan Injury Lawyers Fight for Your Full Recovery
You are not just hiring legal representation when you work with the dedicated team at Greenspan & Greenspan Injury Lawyers. You are gaining a team that will fight for your medical care, rehabilitation, emotional well-being, and long-term recovery.
From gathering evidence to negotiating aggressively with insurers, we will walk beside you every step of the way. Our team will not settle for less than you deserve.
Speak with an Experienced Truck Accident Attorney Today
If you or a loved one has been injured in a truck accident, do not wait to explore your legal options. New York’s statute of limitations generally allows only three years from the accident date to file a personal injury lawsuit. The sooner you act, the stronger your case can be.
Let Greenspan & Greenspan Injury Lawyers help you fight for the truck accident damages you are entitled to receive. Contact our office today for a free consultation. We will answer your questions, explain your rights, and start building a strong claim on your behalf.
