Legal cases involving truck accidents can be incredibly complicated. They often involve drivers, owners, shippers, mechanics, passengers and insurance companies. Unfortunately, sometimes cases are made even more confusing because they occur out of state or with a truck owned or driven by someone who does not live in New York or New Jersey.
If you have been injured in an interstate truck accident, the law firm of Davis, Saperstein & Salomon, P.C., will seek justice no matter where the driver who hurt you is from. Contact us today to learn more about our experience in handling these types of truck crash cases and to allow us to review the specific facts of your case. Simply call 1-800-LAW-2000 today or contact us through our online form.
New Jersey Truck Crash Cases Involving Out-of-State Drivers
Truck accident cases in New Jersey can become complicated when a driver is from out of state. This is because of New Jersey’s no-fault insurance scheme and the Deemer Statute. No-fault insurance allows victims of accidents to recover medical expenses, but it makes it hard to sue for pain and suffering damages. The Deemer Statute applies these rules to out-of-state drivers if they are insured by an insurance company which is authorized to issue policies in New Jersey.
Further complicating the issue is an exception for commercial vehicles. Trucks are usually considered commercial vehicles. If a truck hits you, the Deemer Statute usually does not apply. You will be able to sue for pain and suffering damages.
If this sounds complex, that’s because it is. New Jersey truck accident cases involving interstate trucks or drivers can involve multiple parties and even sometimes laws from multiple states. For this reason, you should contact one of the experienced attorneys at Davis, Saperstein & Salomon, P.C. Our attorneys have handled many truck accident cases involving out-of-state drivers. We know the steps to take to seek justice.
Out-of-State Drivers and New York Truck Accident Cases
New York has insurance laws quite similar to the laws of New Jersey. Out-of-state drivers are mostly treated the same way they would be treated in New Jersey. One major difference involves commercial vehicles.
New York does not give victims of commercial vehicle or truck accidents an exception to its no-fault threshold. This means that certain requirements must be met before a New York driver can sue for pain and suffering damages. In order to recover pain and suffering damages, a victim must have suffered a serious injury.
“Serious injury” is defined under New York law as “a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.”
Proving that you have suffered a serious injury under the standards required by New York law seems like it should be simple. Unfortunately, this is often the most difficult aspect of the case. Case law about serious injuries is incredibly complicated. The truck driver and his or her insurance company will do everything in their power to prove that your injury shouldn’t be considered serious. You need an experienced New York truck crash lawyer to help you recover the damages you are entitled to under the law. The knowledgeable attorneys at Davis, Saperstein & Salomon, P.C., will work hard to get you the compensation you deserve.
Have You Been in an Interstate Truck Accident? Our Lawyers Want to Help
As you can see, litigation of interstate truck accidents can be difficult, especially when they involve out-of-state drivers. Fortunately, Davis, Saperstein & Salomon, P.C., has extensive experience in this area and knows the nuances of the different laws in New Jersey and New York. Find out how we can help you. Contact us today at 1-800-LAW-2000 or send in our online form to schedule a free initial consultation.