Can I Sue the Other Driver’s Insurance if I’m Injured While Driving a Work Vehicle?

If your job requires that you operate a work vehicle and you get into an accident, you may be a bit confused about what your options are, claim-wise. As long as you were driving for work reasons, you’ll typically be able to get workers’ compensation, but can you file a personal injury lawsuit against the other driver as well? Here is what you need to know about workers’ compensation and work vehicle accidents in New York — and when suing the other driver’s insurance may be the best course of action.

At Tucker Lawyers PC, we can help you file the right claims to get fair compensation for the losses you’ve suffered. We can leverage our dedication and years of experience to investigate the accident and fight for your rights. Schedule a free consultation with one of our lawyers by calling us at (516) 399-2364 today.

Workers’ Compensation and Work Vehicle Accidents

One of the first questions that people often have when they speak with our workers’ compensation lawyers is whether they can receive benefits if they were driving a work vehicle and got into an accident. The answer depends wholly on whether you were driving the vehicle for work purposes or were doing so for personal reasons. If you were doing anything related to your work, you’re likely covered. Even if you were driving your own personal vehicle, you may be covered by workers’ compensation if you were in the process of making a delivery or traveling for work-related reasons.

There are exceptions, however. Most of the time, you’re not covered by workers’ compensation if you were in an accident during your commute to and from work. You’re also not typically covered if you were driving under the influence of drugs or alcohol.

When filing a workers’ compensation claim after a work vehicle accident, you can usually receive benefits that cover the medical care you need, as well as lost wages. You may not be able to receive full wages, however. In New York, you receive two-thirds of your average weekly salary multiplied by the percentage of disability you have from the injury. Additionally, the family of a loved one who died as a result of a work-related accident can receive death benefits.

Keep in mind that workers’ compensation benefits might not cover all of your losses if you suffered serious injuries. In that case, you may be entitled to file a third-party claim against the other driver.

Tucker Lawyers PC has a proven track record of success. We recently helped a client recover $1.35 million in damages after a car accident. 

Third-Party Liability Claims

Can You Sue After a Work Vehicle Accident?

Third-party liability claims are personal injury claims that you can file against the other driver. New York is a no-fault state for traffic accidents, but you can step outside of these no-fault laws if you were in an accident that resulted in an excess of $50,000 in expenses. You can then sue the other party to cover your losses.

These claims allow you to pursue both economic and non-economic damages. Economic damages help you get compensation for all of your medical expenses, as well as the full wages you’ve lost. If you can’t return to work or you’ll have to work in a diminished capacity, you may be able to claim loss of earning potential. Non-economic damages, on the other hand, cover the emotional suffering you’ve experienced in addition to loss of enjoyment of life.

If a loved one dies or suffers disabling injuries in the accident, you can also file for loss of consortium. Loss of consortium compensates you for the loss of companionship and support you’ve experienced.

Factors to Consider When Deciding to Sue

Filing a lawsuit against the other party is possible only if they hold a degree of fault. If you are wholly responsible for the accident, then you generally can’t file a lawsuit. Unlike when filing for workers’ compensation, you will have to prove negligence. This means establishing that the other party owed you a duty of care that they breached, leading to the injuries you suffered. To have the chance to gather the right evidence and demonstrate that you deserve compensation, it’s important to hire a lawyer.

Another factor to keep in mind is that you can file both types of claims at the same time. This can be vital for people who are dealing with serious losses and require a significant amount of assistance.

Steps to Take After a Work Vehicle Accident

The first step you need to take after a work vehicle accident is to get medical attention. Even if you think that your injuries aren’t severe, you still want to seek medical care. It’s not uncommon for people to think they’re fine, only to realize they’ve suffered serious injuries once the shock wears off. Receiving an examination by a healthcare professional can allow you to receive the exact care you need immediately. It also helps to start a record of your injuries.

You’ll need to contact the police as well and exchange information with the other person involved. You can then begin gathering evidence of the accident. This can mean taking pictures of the vehicles, road conditions, and your injuries. If there were witnesses to the accident, you want to get their information, too, so that you can depend on their testimony later on. Ask them to give you a statement at the scene, if possible, which you can record with your phone.

Additionally, you should let your employer know that you were in an accident. Later, you’ll need to submit this information in writing, but you can call them initially so that they know what occurred. As soon as possible, contact our team of workers’ comp lawyers, and we can walk you through the next steps.

Seek the Compensation You Deserve for Your Work Accident Today

The Help of a Workers’ Comp Lawyer Is Vital

After being in a work vehicle accident, you need experienced lawyers to help you understand what options you have and guide you as you fight for fair compensation. At Tucker Lawyers PC, we have decades of experience in advocating for injured clients just like you, and we can provide you with the quality representation you deserve.

Don’t wait to protect your future. To learn more about workers’ compensation and work vehicle accidents in New York, contact a workers’ compensation attorney from Tucker Lawyers PC by calling (516) 399-2364 today.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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