When you choose to drive on Long Island, you must share the road with semi-trucks. In most cases, you will encounter a semi and continue driving without a thought. In the worst scenarios, you will find yourself involved in a major collision.
In 2019, there were 21,135 accidents involving large trucks in the state of New York. According to police reports, more than 450 of these accidents proved to be either fatal or serious. Nearly 80% involved property damage.
While you may be a responsible driver who does everything right, you have no control over other people’s actions. You can take as many precautions as you deem necessary when you slip behind the wheel of your vehicle, but accidents still happen. If you have found yourself in this situation, you must understand exactly how negligence is established from a legal standpoint.
As an experienced Long Island truck accident lawyers, we can help you understand the process of proving your case in court. When another driver has been negligent, Carner & DeVita is here to help hold them accountable. We can speak about the unique details of your accident in-depth during your free consultation. Call (631) 543-7070 or contact us online to schedule your free case review now.
What Is the Definition of Negligence?
If you wish to receive compensation for property damage and injuries following a truck accident in Long Island, you must be prepared to legally establish that the truck driver was negligent.
“Negligence” simply means that the truck driver operated their rig in a way that was careless or not reasonable in the moments leading up to the accident. Or, it might apply to actions taken by the truck driver’s employer, such as if they routinely pressured drivers to ignore hours of service regulations.
Four elements must be proven to establish negligence:
- The truck driver or their employer had a duty of care
- The truck driver or their employer breached their duty of care
- That breach directly led to the accident and your injury
- Your injuries resulted monetary loss and other damages
As you can see, being involved in an accident is not enough to create a successful case. Additionally, evidence of carelessness may not be enough if you are unprepared to prove how this carelessness directly led to the accident and your injury. If all four components of negligence cannot be established, you will not be able to recover your damages through a settlement or court verdict.
Will You Be Able to Prove Negligence?
The individual elements of negligence are often relatively straightforward to prove. Proving that all four are in play can be difficult.
In some cases, negligence will be established simply and quickly. In more complex cases, it may take an investigation on the part of your Long Island truck accident lawyer to show that the truck driver – or another party – was indeed negligent.
For example, if the truck driver was intoxicated, negligence is clear. If, however, a load was unbalanced, maintenance checks had not been completed, or certifications were not valid, it can take longer to uncover a paper trail that establishes proof of one or more party’s negligence.
While you may think your case is clear-cut, chances are that it is not. As a premier truck accident attorney on Long Island, we have seen cases that appeared to be simple on the surface but were actually quite complex.
Truck companies have deep pockets when it comes to legal representation, and they will do anything they can to shield themselves from liability. This is why we recommend that anyone who has been involved in a wreck with a semi-truck contacts our office to schedule a free case evaluation.
You Need An Advocate With Focus
When you are involved in a semi-truck accident and need compensation for your medical bills, lost wages, and more, you need an experienced personal injury attorney. A knowledgeable lawyer will be able to thoroughly investigate your case and dig up all the relevant details. A lawyer who focuses on personal injury law on Long Island understands how these cases work and will be a strong advocate.
Do not assume that the insurance company or trucking company you deal with has your best interests in mind. The truth is that they have their best interests in mind when they are offering you a settlement. They don’t want to lose money and aren’t concerned about you.
Without an aggressive advocate, you may not get the compensation you deserve. We don’t want that to happen to you and your family.
Schedule Your Case Evaluation Today
At Carner & DeVita, our entire team looks forward to making you a priority. We will represent you as you fight for a fair settlement and, when necessary, will take your case before a judge.
Call our office today at (631) 543-7070 or contact us online to schedule your free case evaluation and learn more about your rights following your Long Island truck accident. You are not in this fight alone – our team is here to stand up for you and ensure you are compensated appropriately.