Truck accidents can have devastating consequences. Sometimes many people’s negligence or intentional misconduct combine to create the conditions for a serious accident that produces catastrophic injuries like paralysis or traumatic brain injury. If you were injured through the fault of another, you may be able to recover damages or a settlement by calling the seasoned Syracuse truck accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We have recovered millions in awards and settlements. Truck accident settlements can be complex and nuanced and it is important to seek counsel to represent you through any settlement negotiations or trial when necessary.
Truck Accident SettlementsTypically, a written settlement agreement will terminate the entirety of the dispute and result in a voluntary dismissal. It may require you and the other party to keep the settlement agreement confidential. When there are multiple parties whose fault combined to cause the accident, the parties may point fingers at each other, and it may be a prolonged struggle for the plaintiff and defendants to agree on settlement terms.
In some cases, mediation can be fruitful. A Syracuse or Upstate New York mediator can talk to each party and help them see where the problems are in their cases, are or point out legal issues they may not have overlooked. But in other cases, it is necessary to go to trial with all the expense and time that takes. Each situation is different, and many of the decisions that need to be made along the way should not be done without the benefit of counsel.
Liability for a Truck Accident in or Around SyracuseParties potentially responsible for a truck accident include the truck driver, the trucking company, a third party loading company, other drivers, a mechanic and a product manufacturer. To hold a defendant truck driver accountable for injuries caused by a truck accident, we will likely need to gather evidence on the following elements to prove negligence: (1) the defendant owed you a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages.
In some instances, the negligent acts of multiple parties combine to result in a serious accident. It is crucial to bring into a lawsuit all parties potentially responsible for a truck accident and try to secure a settlement that considers their respective share of fault.
Due to the weight and size of commercial trucks, an accident in which drivers are involved can be devastating to multiple people. One of the critical aspects of settlement negotiations in those cases is understanding insurance coverage. Insurance policy coverage is typically capped, and complex discussions may ensue regarding the amounts an insurer is required to pay to indemnify the policyholder.
Your damages may be reduced by an amount proportionate to your degree of fault. The jury will determine your total damages as an accident victim, but will also look at your degree of fault, and assign percentages of fault to each party. Your damages award will be reduced by an amount equal to your proportion of fault. In settlement negotiations, you should be prepared for the defendants, their lawyers, and their insurers to emphasize ways in which you were at fault for the accident to justify a low settlement offer. For example, if a camera shows you were speeding, this evidence could go towards reducing the damages you recover. Typically, defense counsel and insurers are quicker to settle when they realize that a plaintiff’s attorney understands how the law applies to the facts at hand and is willing to go to trial.
Consult a Seasoned Truck Accident LawyerDeFrancisco & Falgiatano Personal Injury Attorneys has a track record of success. We’ve fought truck drivers, truck companies and others for more than 30 years to achieve the best settlement awards and damages for truck accident victims in Herkimer, Oswego, Auburn, Buffalo, Oneida, Utica, Lyons, Ithaca, Rochester, Albany, Wampsville, Watertown, Canandaigua, Lowville, Cooperstown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.