Unfortunately, many people try to get out of paying what they owe. Some insurers go to extreme lengths to reduce or deny accident compensation. Victims are left with medical debt, repair bills, and anxiety about the future.
If this sounds like your situation, the attorneys of Judd Shaw Injury Law can help you demand justice. Yet, can you sue someone personally after your truck accident? Call (866) 909-6894 and consider the information below to find the answers you need.
When At-Fault Drivers Are Liable for Damages
Reckless behaviors and negligent actions like those in the list below lead to terrible accidents:
- Aggressive driving
- Drug-impaired driving
- Drunk driving
- Drowsy driving
- Failing to the yield right-of-way
- Following too closely
- Speeding
- Unsafe lane changing
In August 2022, there were 8,489 motor vehicle collisions in New York City attributed to these types of factors. Large vehicles, such as pick-up trucks, vans, and SUVs, made up about 14 percent of the vehicles involved in this figure. Many truck accidents are avoidable. Drivers should operate their vehicles safely to avoid endangering others. If they fail to do so, they are liable for the damage they cause.
How Most Drivers Pay for Losses
New York and New Jersey are no-fault insurance states, so all registered drivers must carry liability coverage. In New York, the minimum required by law is:
- $10,000 for accidental property damage for a single incident
- $25,000 for bodily injury plus $50,000 for fatal injuries
- $50,000 for bodily injury plus $100,000 for multiple fatalities
In New Jersey, three types of insurance are mandatory:
- Liability: Covers property damage caused by the policyholder
- Personal injury protection (PIP): Pays for medical expenses of you and other covered parties regardless of fault
- Uninsured motorist coverage: Covers damage caused by someone without proper insurance coverage
Basic policies to meet New Jersey’s minimum requirements include:
- $5,000 per accident for property damage
- $15,000 per person, per accident, and up to $250,000 for specific injuries, for persons covered by the policy
Other coverages, such as bodily injury liability and uninsured motorist, are available as add-ons from some insurers.
In at-fault states, the drivers responsible for causing a car crash must compensate injured parties for their losses. Car insurance is mandatory almost everywhere in the United States, but state minimums and types of coverage vary from place to place.
Uninsured drivers might pay from personal finances, but they often try to avoid giving victims what they owe. If that happens, you should consider suing for the compensation you deserve.
Why Truck Accident Victims Sue
Legal proceedings often occur when insurance does not cover accident expenses for various reasons.
When the at-fault party denies responsibility
You still have the right to damages even if the other motorist refuses to admit fault. Yet, you might need help proving your case. Accident attorneys can sometimes investigate the contributing factors of accidents with the aid of professionals.
When insurance companies refuse to pay
An insurer will not usually pay a claim unless there is clear evidence that their customer caused your losses. With insurance companies, documentation is essential. Much of the work behind a lawsuit is compiling evidence to support your claim.
Collecting the appropriate materials quickly while battling injuries and the psychological aftereffects of an accident is not easy. Sometimes, the accident victim is unable to handle these tasks properly.
Your claim might also be affected by untrained employees, confusing contract language, or poor customer service. In 2021, a New Jersey consumer information report acknowledged 174 valid complaints against auto insurance providers.
At other times, insurance companies act in bad faith. Bad faith happens when insurers refuse to pay legitimate claims or they intentionally delay processing payments. These practices are illegal but still happen.
Once lawyers present irrefutable proof of your injuries, damages, and right to compensation, some insurers decide to settle. If not, your attorney can represent you in court.
When expenses exceed settlement offers
It’s no secret that insurance companies prefer to pay out as little as possible. What can you do if your medical bills, property damage, and lost wages amount to significantly more than your offer? Some truck accident victims feel they have no choice but to sue.
When you hire a lawyer, he or she can negotiate on your behalf. You might receive a better offer with both the law and a team of experienced attorneys on your side. Some clients accept the higher rate and drop the lawsuit once their needs are met.
When third-party negligence contributed to the accident
At times, accidents are not the fault of the driver. For instance, faulty automobile parts could lead to mechanical failure.
If a tire blows unexpectedly or the brakes stop working, even an experienced driver might be unable to avoid a collision. In these scenarios, attorneys pursue compensation from designers, manufacturers, and distributors of defective products.
Determining If You Can Sue
When you sue at-fault truck drivers directly, the payment will come from them rather than their insurance coverage. You might take advantage of this arrangement under specific circumstances.
If the truck driver has no insurance
If a trucker works for a business, the company should provide insurance. If not, you could sue the trucking company or the driver who operated his vehicle without proper insurance.
If insurance restrictions allow lawsuits
The insurance regulations for commercial vehicles are different than for other cars. Some insurance policies restrict you from taking additional action against the liable party after accepting a settlement.
Your eligibility for a lawsuit is a complex issue. At Judd Shaw Injury Law, we offer free consultations so you can learn:
- Who is at fault for your accident
- Whether you have the legal basis for a lawsuit
- Who you can sue
- What your claim is worth
- Your likelihood of success
During your no-obligation case evaluation, you will be able to share the details of your truck accident. We can also scrutinize the fine print of insurance policies to determine your legal options.
If we discover fraud or coercion
Suppose an insurance adjuster lied to you about some aspect of your coverage and you signed a waiver under false pretenses. This instance could form the basis of a lawsuit based on fraud. Fraud is the intentional use of deceit to secure unlawful gain or to deprive someone of his or her legal rights.
Coercion means using force or threatening language to pressure someone into doing something. If you signed paperwork because you feared punishment, the agreement might be void under your state law.
Personal injury lawyers can assist you in taking legal action if you are the victim of fraud or coercion.
Hire the Team That Pursues Full Compensation
Most people would avoid a lawsuit if they could. At our law firm, we can often achieve the results you want without resorting to a trial. Yet, sometimes the only way to get justice is to demand it in court.
During your initial consultation, we can discuss what your best options are. You can rest assured that if you hire our lawyers, we will seek to get you every penny you deserve.
Our No Fee Guarantee® means that you pay nothing unless we get compensation for you. Why not take a step towards fair compensation for your medical bills, lost wages, and damaged property today?
Our professional legal team is ready to serve you with compassion and expertise.
Experience the Judd Shaw Way at our convenient New York or New Jersey offices, or call us anytime at (866) 909-6894 to set an appointment for us to visit you.