Question: What should a Truck Driver do when a car, truck, or bus struck or hit you or your Truck? Or When I was driving my Truck, I was hit by another car or truck or bus. What should I do?

Answer:

·      First Truck Driver needs to find and reach in a safe place. Observe and evaluate the accident scene.  

·      Second call 911.  

·      If it is safe, take some pictures and video of the accident scene or crash location, the vehicles involved, including plate numbers and obtain contact information of witnesses.

·      If you are injured, seek medical attention as soon as possible.

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Question: If I go to the hospital on an ambulance who pays my medical bills?

Answer:

No Fault insurance will pay injured person’s ambulance bill, hospital bills and other medical care bills. If you were driving the vehicle, in that condition your vehicle’s No-Fault insurance will pay your medical, ambulance and hospital bills. If you were passenger of the vehicle which crashed, the vehicle you were passenger of the vehicle’s No-Fault insurance will pay the ambulance bill, hospital bills and other medical treatment bills. No fault payment will be based on the insurance policy.

If you were operating your employer’s Truck at that condition your employer’s worker’s compensation insurance should pay ambulance bill, emergency treatment bill, Hospital bill and doctor’s bill.

Question: If Insurance company agent or investigator or wrongdoer’s investigator wants to talk with me, what should I do?

Answer:

Obtain the name, phone number, email and address of the person and his company’s name. Ask who he/she represents. You are not required to discuss how the crash, collusion and/or accident occurred or your injuries at that time with the wrongdoer’s insurance company. Do not talk with the wrongdoer’s insurance company, investigator, or any other person before consulting your lawyer. 

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Question: If another vehicle (car, bus, and/or truck) violates traffic signal and hits your Truck, does Truck Driver have a case?

Answer:

Yes. If another driver’s fault or violates traffic rules and regulations and causes crash, collusion or accident with your vehicle or Car, you may have claim against the wrongdoer driver and vehicle owner. The wrongdoer’s driver and/or vehicle owner is liable for your serious injuries.

Question: What are the damages I can claim from the driver and/or owner of the vehicle that hit my Truck?

Answer:

1.   If Truck Driver suffered serious injuries, Truck Driver may claim pain and suffering in addition to past loss of wages, past medical expenses and future loss of wages and medical treatment cost, from driver or owner who caused Truck Driver’s injuries.

2.   If Truck Driver’s loss of wages or income and medical expenses are more than $50,000 (fifty thousand dollars), at that condition Truck Driver can make a claim for future loss of wages and future medical expenses.

Question: What are considered serious injuries in New York?

Answer:

New York Insurance law section 5102 (d) defines 9 categories of injuries are considered serious injuries. Following is the list of serious injuries. 

1.   death;

2.   dismemberment;

3.   significant disfigurement;

4.   a fracture;

5.   loss of a fetus;

6.   permanent loss of use of a body organ, member, function or system;

7.   permanent consequential limitation of use of a body organ or member;

8.   significant limitation of use of a body function or system; or

9.   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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

10.                      The New York Court has been interpreting above nine categories serious injuries. The court has been interpreting various way therefore attorney’s will evaluate each injuries and find out if those injuries are considered serious injuries or not.

If you have any question, please contact Bhurtel Law at 212-461-4628

Question: What kind of damages or compensation Truck Driver can claim in Motor Vehicle Accident if Truck Driver or victim suffered serious injury?

Answer:

1.   Past medical care expenses

2.   Past loss of wages or income

3.   Past pain and suffering

4.   Other Past expenses that incurred because of the serious injury.

5.   Future medical care expenses

6.   Future loss of wages or income

7.   Future pain and suffering

Question: How much compensation Truck Driver will receive for the injury suffered by Truck Driver?

Answer: 

If we are unable to reach a just and fair settlement with the wrongdoer and/or wrongdoer’s insurance company, we must present your claim before the jury to decide for compensation.

The jury will decide based on the evidence presented during the trial.

Question:  Can anyone tell the Truck Driver; how much is the value of Truck Driver’s case before trial?

Answer:

Generally, it is based on liability (if wrongdoer admit his/her fault) and damages (which includes, serious injuries, and nature and extent of your injuries, loss of income past and future and medical treatment cost past and future. If we cannot come to agreement with the wrongdoer, or wrongdoer’s insurance company, then the jury decides these issues at the trial.

Question: How much compensation a Truck Driver/victim can claim against the wrongdoer?

Answer:

1.   Compensation includes an assessment of liability (whose fault of the accident) and includes damages (serious injury and if yes nature and extent of injuries)

2.   Past medical care expenses as per the doctor, hospital, or other provider’s bill etc.

3.   Past loss of wages or income, based on how much Truck Driver was making immediately before the accident and other factors such as how much he/she would be able to make.

4.   Past pain and suffering (based on Truck Driver injuries, surgeries, Truck Driver pain and suffering, limitation or loss of daily activities, limitation, or loss of enjoyment of life, and other factors.

5.   Medical care expenses for the rest of Truck Driver’s life.

6.   Future loss of income for the rest of Truck Driver’s working life.

7.   Further pain and suffering for Truck Driver’s life (based on Truck Driver’s injuries, surgeries, Truck Driver’s pain and suffering, limitation or loss of daily activities, limitation, or loss of enjoyment of life, and other factors).

8.   Travel expenses to visit for medical care.

9.   Necessary equipment and devices cost such as wheelchair.

10.                      If required nursing home care cost for nursing home care.

11.                      If the wrongdoer’s intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence caused injury or loss to the victim at that condition victim can claim punitive damages against the wrongdoer. However, in New York it is very rare that court allows punitive damages.

12.                      If we are unable to reach a just and fair settlement with the wrongdoer and/or wrongdoer’s insurance company, we have to present your claim before the jury to decide for your compensation.

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Question: What kind of remedy a Truck Driver or victim can claim against the wrongdoer who caused injury and loss to Truck Driver?

Answer:

Generally, a victim can claim compensation. The purpose of the compensation is to place the victim to the extent possible in the position that would have been occupied had the wrong not occurred or had the wrongdoer negligently did not cause injury or loss to the victim. Another words compensation should try to restore in a position where Truck Driver was in before the injury occurred.  Another word compensation tries to put injured person at the condition of health, and income immediately before the accident occurred.

However, if the wrongdoer’s intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence caused injury or loss to the victim at that condition victim can claim punitive damages against the wrongdoer.  McDougald v. Garber, 73 N.Y.2d 246, 254, 536 N.E.2d 372, 374 (Court of Appeal 1989). Punitive damage is rare in New York.

Question: If the Truck Driver does not have immigration status, does the Truck Driver have a right to claim compensation against the wrongdoer driver or owner of the Motor vehicle?

Answer:

Yes. If undocumented or illegal alien, overstay person was suffer serious injury because of the wrongdoer’s fault caused crash, collusion and/or accident the undocumented or illegal or overstay alien may claim damages from the wrongdoer. Undocumented person is allowed to claim damages in New York.

Question: If a motor vehicle hit and run my Truck and Police did not find the other driver or vehicle. Who pays Truck Driver’s medical bill and loss of wages?

Answer:

Truck Driver’s own no fault insurance will pay such medical expenses and loss wages, up to $ 50,000.00. If the Truck Driver was working for employer at that condition the Truck Driver’s employer’s worker’s compensation insurance should pay medical care expenses and loss of wages as per the law.

Question: How much time does a Truck Driver have to submit no fault notice of claim?

Answer:

Within a reasonable time but no later than 30 days from the date of accident or crash. In another words, a Truck Driver must submit notice of claim within 30 days from the date of accident. This is only for the purpose of No-fault benefits. Make sure you don’t miss this deadline.

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Question: If Truck Driver makes a claim of compensation against the wrongdoer after a motor vehicle crash or accident, does the accident claim affect Truck Driver’s immigration petition or status?

Answer:

Generally, it does not affect the Car Driver’s immigration petition because of the compensation claim.

Actually, if Car Driver is able to receive amounts of the money as compensation that Car Driver can invest as per the immigration law, Car Driver may be eligible to receive green card based on investment visa if Car Driver are not barred by other requirement of immigration law. Family petition there is no effect from injury claims. However, if your employer is filing a petition for a work visa or green card. Because of the crash, collision and/or accident you suffered serious injuries and you can not work the duties assigned by your employer at that condition it may impact your green card or work visa application. You must consult with a lawyer who knows both immigration law and personal injury law. Bhurtel Law has both areas of the expert lawyer including Immigration law and personal injury law.

Call Bhurtel Law if you have more questions, 212-461-4628

Question: Do I have to contact a lawyer?

Answer:

If Truck Driver is injured because of a motor vehicle crash, accident, or collision, Truck Driver should consult a lawyer.

Call Bhurtel Law Firm 212-461-4628.

This is not legal advice. This is an attorney advertisement. If you have specific questions about your accident, contact our office, we will provide advice.

Public safety is extremely important. You have the right to enjoy life without restrictions. One simple right is the ability to use the roadways for your convenience and to use these roadways to transport you to your destination. However, when others do not respect the rules and regulations, making an unsafe environment for all users of the roadway.

According to Federal Motor carrier Safety Administration (FMCSA) there are 14,485,851 large bus and truck registered in the United States as of 2020. In 2020 there were 4998 large Trucks and Buses involved in Fatal crashes. https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts

When getting into a truck accident, you may have severe injuries. Due to the size and weight of a truck, injuries are more likely to be catastrophic, critical and dire. Severe injuries include paralysis, disfigurement, traumatic brain injuries and death in some cases. Other injuries include soreness and broken bones. However, injuries are not limited to the above. Bhurtel Law Firm will help you recover the medical costs, lost wages and other expenses caused by this accident. You may be able to recover compensation for pain and suffering from the person(s) who caused the accident that led to your injuries. You also want to bring justice to the person who’s negligent, careless, reckless act as a result of failure to follow the rules led to your injuries. Our personal injury lawyer has experience analyzing evidence and negotiating with insurance adjusters. We work hard to win the compensation you deserve for your injuries.

Our auto accident lawyers are accomplished negotiators and litigators. We handle truck accidents including but not limited to:

·      Head-on, side- and rear-impact collisions

·      Texting while driving

·      Drunk driver

·      Hit and run

·      Pedestrian injury

·      Bicycle collision

·      Motorcycle Accident

·      Rollovers

·      Asleep at the wheel

·      Road rage

·      High-speed crash

·      Cab driver negligence

·      Commercial driver negligence

What percentage of auto accident lawsuits settle out of court?

Insurance companies want to settle your case as quickly as possible because settlements are lower than jury awards. According to The New York Times, 80 to 92 percent of all cases settle out of court. Legal experts estimate that more than 90 percent of auto accident injury cases settle without going to trial.

To start the settlement process, our attorney sends a demand package to your insurance company, which contains a monetary demand. We may ask for the entire policy limits of the at-fault driver, but the amount depends on the facts of the accident and the extent of your injuries. Normally, the insurance company takes 30 to 60 days to review the demand. During the process, we explain the strengths and weaknesses of your case to you and make recommendations about accepting a settlement.

You make the final decision to accept a settlement. Settlement has its advantages and disadvantages. Some of the distinct advantages include:

·      Costs are much lower

·      Litigation stress is avoided

·      Payment is obtained quickly

·      Amount is in your control, not a jury’s

However, Settlement is not to always your advantage. To obtain the settlement you deserve, the insurance company must know you have the resources and experience to go to trial (and verdict). The Bhurtel Law Firm has the experience and the resources to finish your case at trial. We understand how to get you the award you deserve whether that is through trial, arbitration, mediation, or settlement.

Contact us for a free consultation — we are ready to pursue your auto accident claim

Bhurtel Law Firm provides flexible hours at its office in NYC. Our attorney serves clients in New York City Area (Manhattan, Queens, Brooklyn, Bronx, Staten Island), Long Island (Suffolk and Nassau), and the entirety of New York State. If you cannot make it to our office, we come to your home.

Contact us by email at info@attorneybhurtel.com or call us at 212-461-4628. In personal injury cases, we offer free initial consultations and are compensated on a contingency-fee basis, which means you owe us nothing unless you receive compensation. We speak English Nepali, Hindi, Urdu and Spanish.

Please be advised that past results do not guarantee future results. Please take notice that this is not legal advice. This is an advertisement. If you need legal advice, please contact Bhurtel Law Firm.