If you’ve suffered severe injuries or the death of a loved one in an accident with a large truck, bus, or another commercial vehicle, the personal injury lawyers of Reiff & Bily’s The Truck Accident Team may be able to fight for you. To schedule a free and confidential legal consultation call 800-896-6173, or contact us online today.
I Was Injured in a Truck Crash on Interstate 495, Do I Have a Personal Injury Claim?
Interstate 495, known to locals as the Long Island Expressway (LIE) or simply the Expressway, crosses just over 72 miles of southern New York, running east to west through New York City. Its west end picks up in Manhattan’s Murray Hill neighborhood at the Queens-Midtown Tunnel, terminating in the east at CR 58 in the quiet hamlet of Calverton, New York in Suffolk County.
As a major interstate highway, I-495 is heavily traveled by trucks shipping loads of cargo to and from different vendors and businesses. When truck drivers grow fatigued, drive while intoxicated, or make other errors, deadly accidents can occur in the blink of an eye.
Most accidents on I-495 involving semi-trailers, 18-wheelers, and other commercial “big rigs” are the result of truck drivers operating their vehicles negligently. Negligence is the legal standard that most crash victims must prove in order to be compensated for their injuries. Under this doctrine, the law prescribes that a driver has an obligation or a duty to drive in a way that a reasonably prudent person would drive. Failure to do so may create liability for one or more parties, including the trucking company that hired the trucker. In short, you may have a case if your accident was caused by a careless or reckless truck driver.
Compensation for Crash Victims in Truck Accidents on I-495 in NYC
When a driver is behind the wheel of his or her semi-trailer, he or she has a responsibility and a duty to drive as reasonably prudent driver would. When another driver has been injured in an accident with a truck, they will have the burden of proving that the trucker was not driving reasonably. In any accident case, it is crucial that the victim has sustained damages, or harm. However, this is often not a problem in truck accident cases because unfortunately, it is generally the rule rather than the exception that a truck accident will result in an extremely serious injury.
Among the most common injuries that drivers sustain in a truck accident, “whiplash” (cervical sprain or cervical strain) is the most common of all. This injury is generally the result of the head moving rapidly forward due to a sudden impact, such as a rear-end collision. The resulting movement leads to the muscles, tendons, and nerves in the neck being rapidly stretched, resulting in sometimes debilitating injuries. It is estimated that nearly one million people experience whiplash injuries every year. Most of these injuries are the result of an auto accident, and there is even a higher prevalence of whiplash injuries when there is a semi-trailer truck involved.
In addition to whiplash injuries, back injuries are also fairly common, yet can be devastating and debilitating. The main concern any time there is a back injury is that the delicate nerves in the spinal cord may be damaged, which can result in debilitating pain, paralysis, and even wrongful death.
How to Get Compensated for a Truck Accident on Interstate 495
Most accident victims want to know how much their case is worth, or in other words how much money they can receive following a truck accident. However, there is generally no blanket amount that can be given without delving into the facts and details of the case. A number of damages that a person may be able to recover following an accident depends on the severity of their injuries, both to their property and to their bodies.
If you have been in an accident on Interstate 495, the amount of money or “damages” you will be able to recover will be based on economic and non-economic damages. New York allows drivers who were injured in an accident to recover for medical bills, property damage, and lost wages.
In addition to these damages, New York in some cases also allows for punitive damages, which are meant to be a punishment for a driver who has engaged in the extremely reckless behavior. While punitive damage awards are relatively rare, an example of a case where punitive damages may be warranted is a case in which the driver knowingly consumed alcohol before they got behind the wheel.
In addition to economic damages, New York also allows for drivers to recover for non-economic damages. These damages are for injuries such as pain and suffering, and mental anguish. These injuries are not as easy to prove due to their intangible nature, but should still be addressed by your attorney as you may be entitled to compensation.
Determining how much money a person can receive from a truck accident is incredibly fact-sensitive and requires careful review and investigation. One of the problems facing drivers who were involved in an accident with an 18-wheeler or similar vehicle is that the trucking company’s insurance company will engage in an aggressive review and investigation of the accident in an effort to avoid paying for your injuries. That is why it is critical to hire an experienced attorney to be by your side and fight for your right to compensation.
Truck Accident Attorneys Handling 18-Wheeler and Semi-Trailer Wrecks in NY
To schedule a private, no-cost evaluation, call the law offices of Reiff & Bily’s The Truck Accident Team at 800-896-6173 or contact us online. There is a legal deadline called the statute of limitations which restricts how much time accident victims to have a claim, so do not wait until it is already too late to begin exploring your family’s legal options. We will be here to help answer your questions and uphold your rights as a crash survivor.