No one ever expects to get into an accident with a truck. If one of these crashes does occur, your life can be turned upside down. Serious injuries from a tractor-trailer accident can leave you disfigured, disabled, in debt or worse. Our job at the law firm of Davis, Saperstein & Salomon, P.C., is to do everything we can to return your life to normalcy.
If you have been harmed in a truck accident in New Jersey or New York, we will strive to get you the money you need to be fully compensated for your injuries and your costs.
Contact us today to learn more about our extensive background in truck crash litigation. We can review your case for free in our initial consultation and assess your options. Simply call 1-800-LAW-2000 today or use our online form.
How No-Fault Insurance Impacts Truck Accident Damages
In New Jersey and New York, truck accident cases fall under no-fault insurance laws. This means that your own insurance company may be responsible for paying some of your damages if you have a no-fault insurance policy.
Normally, in New Jersey auto accident cases, there are certain requirements that must be met before you can sue the driver that injured you. In cases involving commercial trucks, however, you may sue the other driver no matter how minor or temporary your injuries are. This also means that there is no limit on pain and suffering damages when they are caused by a commercial vehicle.
No matter who is responsible for your injuries, Davis, Saperstein & Salomon, P.C., will work hard to get you what you deserve. For more information, please see No-Fault Insurance.
Types of Damages Available for Truck Crash Victims
When our lawyers take on your case, we will look to recover damages in a variety of areas.
These areas include:
- Medical Expenses. The most obvious damages when you have been hurt in a tractor-trailer crash are medical expenses. Bills pile up quickly and keep coming. You may find that your insurance does not pay for everything. If a truck driver and/or trucking company are found to be responsible by a court in New Jersey or New York, the trucker/carrier will generally be forced to pay any medical expenses not covered by your insurance.
- Property Damage. If you have suffered an injury in a truck accident, your car almost certainly suffered damages as well. While your first priority will always be getting back to good health, having reliable transportation makes the process much easier. While car insurance may cover some of the costs associated with fixing or replacing your car, the firm of Davis, Saperstein & Salomon, P.C., will do everything we can to get you moving again.
- Physical Injury. There are many types of severe injuries that may occur in a truck crash, including:
- Spine and spinal cord injury (SCI) – The spinal cord is a vital part of the human body. Damage to the spine can lead to serious pain, nerve damage or paralysis. Living with spinal cord damage can be difficult and expensive. Injury to the vertebrae, facet joints, and discs (herniation and disc bulges) can be devastating.
- Traumatic brain injury (TBI) – Brain injuries can cause severe health issues. Both mental and physical disabilities are common side effects of a head injury. Caring for a brain-damaged relative can be incredibly expensive.
- Back and neck injuries – Back and neck injuries can make it hard to walk, work or enjoy normal daily life.
- Amputations – Trucks are heavy machines. This makes them capable of crushing and destroying limbs. Accidents resulting in amputation can make life difficult. Mobility and productivity often decline after amputation.
- Severe burns – When a truck hits a car, there are multiple fuel tanks and other materials which can ignite. Burns can cause some of the most intense physical pain possible. Burns often require a series of surgeries to get life back to normal.
- Pain and Suffering. Unfortunately, one of the most serious types of damages after a tractor-trailer crash is pain and suffering. There is pain at the time of the initial injury and often long-lasting pain. New Jersey law may allow truck accident victims to recover for all of their pain and suffering and financial losses, regardless of the insurance threshold they have chosen. Pain and suffering damages are easier to recover when you injury has been caused by a commercial vehicle.
- New Jersey law is about fairness. For this reason, courts apply a doctrine called comparative fault in most truck crash cases. The state’s modified comparative fault doctrine allows a victim in a truck accident to recover as long as that victim is not more than half responsible for their own injuries. Specifically, if a court finds that a victim is 50 percent or less responsible for the accident and injuries, the victim will be able to recover from each responsible party the share that they are liable for. For example, if you are in an accident with a truck, and the court finds that you are 30 percent responsible, you will be able to recover 70 percent of your damages. If a court finds that you are 51 percent or more responsible, you will not be able to recover anything.In New York, comparative fault works differently. New York courts apply the doctrine of pure comparative fault. This means that no amount of fault on your part can totally bar recovery from another responsible party. For example, if a court finds that you were 90 percent responsible for your tractor-trailer accident injuries, the court will still allow you to recover 10 percent of your damages from the other responsible parties.
- Wrongful Death. Because of their size and speed, trucks are incredibly dangerous vehicles. Too often, when a truck driver causes an accident, the result is death. If you have lost a family member in such a crash, you may be able to recover wrongful death damages.
Our Lawyers Help New Jersey and New York Truck Accident Victims to Recover Damages
The lawyers of Davis, Saperstein & Salomon, P.C., will do everything they can to prove that the defendants were at fault in your truck accident case, and we will strive to recover all of the damages that you are entitled to receive.
To speak with a lawyer now, call Davis, Saperstein & Salomon, P.C., at 1-800-LAW-2000 or submit our online form. We handle cases in New Jersey and New York and are sensitive to a family in need.