An accident involving a food truck can disrupt your day and leave you with serious consequences. Understanding which damages you can pursue is the first step toward securing compensation. Here’s what you need to know.
What types of damages are available?
You can recover economic damages for tangible losses like medical bills, vehicle repairs, and lost wages. If your car sustained damage, you’re entitled to the cost of fixing or replacing it. You can also claim lost income from time off work due to injury or appointments.
Can you seek compensation for emotional harm?
Yes, non-economic damages are also available. These cover pain, emotional distress, and the broader impact the crash had on your quality of life. While they aren’t tied to specific receipts, they carry real weight and can be demonstrated through medical documentation and personal testimony.
When are punitive damages considered?
Punitive damages apply when a food truck operator engages in especially reckless or intentional misconduct. Examples include driving under the influence or ignoring serious safety regulations. These damages serve to punish egregious behavior and discourage similar conduct in the future.
How are damages calculated?
Courts evaluate your claim using a mix of hard evidence and subjective assessments. Economic losses are calculated based on bills and income statements. Non-economic losses often use a multiplier based on the severity of your injuries. A well-documented case with photos, records, and witness statements helps justify a higher award.
New York follows a pure comparative negligence system. If you’re partially at fault, you can still recover compensation, but your award will be reduced in proportion to your responsibility. For instance, if you’re 25% at fault, you’ll receive 75% of the total damages awarded.