With more than 100,000 trucking companies, New York has a high percentage of trucks on the road. Since trucks are heavier than standard vehicles, truck accidents are often serious. Truck accident victims who got injured due to someone else’s fault have the right to recover compensation. They can recover compensation for property damage, pain and suffering, and other types of damages. On this page, we have shared the average settlement amount for truck accidents in New York and the factors that influence this amount.
Settlements awarded in truck accident cases have a wide range. While the legal process for truck accident claims and lawsuits is similar, the facts of each case can differ. Truck accidents can lead to minor or major damage. For example, if the impact of the truck accident was not that severe and the victim only suffered minor injuries such as slight bruises or strains, the settlement amount would be lower.
On the other hand, truck accident victims who experience severe physical trauma in the accident, such as traumatic brain injuries or spinal cord damage, can be entitled to a higher settlement amount that can easily reach seven figures.
Similarly, if a truck accident in New York leads to a wrongful death, the legal consequences for the defendant can be much more severe. The compensation awarded to the victim’s surviving family members can be of considerable value.
When someone gets involved in a truck accident, they may immediately blame the truck driver for negligence, and while truckers can be at fault some of the time, it might not always be the case. Sometimes trucking companies and even truck manufacturers can be at fault for truck accidents.
For example, suppose the trucking company did not provide the truckers with adequate training or failed to maintain the truck properly. In that case, it can be liable for the damages caused by the truck accident. Similarly, if the truck driver could not have avoided the collision due to a design defect, the manufacturer can be held accountable in the accident case. The number of liable parties involved in your truck accident case can significantly impact its settlement amount.
Higher compensations can be awarded in truck accidents that result in serious injuries to the victim. For example, a truck accident that caused a life-long disability, such as paralysis, will lead to a higher settlement amount. To maximize the compensation from the truck accident, the plaintiff must provide sufficient evidence for their medical expenses. The lack of such evidence can drastically impact the truck accident case, preventing the plaintiff from receiving full and fair compensation.
The severity of the property damage is another key factor in determining the settlement amount. For example, suppose the victim was driving a vehicle that was damaged during the truck accident. In that case, the victim could recover compensation for the vehicle damage.
The victim could be required to submit records verifying the costs to repair or replace the damaged vehicle. If the vehicle was seriously damaged during the accident, the settlement amount awarded could be higher than in truck accidents where vehicles only undergo minor damage.
Another factor influencing the settlement amount in New York truck accidents is the victim’s lost wages. Truck accident victims can take a long time to recover from injuries and might be forced to take time off work, leading to lost wages. It is also possible that the injuries sustained by the victim are life-altering, preventing them from performing the same type of job in the future. This is referred to as the loss of future income. All these expenses can influence the settlement amount.
Pain and suffering are non-economic damages that include emotional trauma, mental anguish, loss of enjoyment, and loss of quality of life. These damages typically depend on the severity of the victim’s injury. A per diem or multiplier method is used to calculate pain and suffering.
Having an attorney on your side in a truck accident case can help you maximize the settlement amount. Truck accident lawyers in NY can assist you in gathering evidence, negotiating with the insurance company, and other aspects of the case. They can also help you with the paperwork, ensuring it is filed correctly and within the state’s statute of limitations.