My question involves an injury that occurred in the state of: New York
My mother was in an accident last week while driving my 2 year old son home. Thankfully no one was injured, but her car is totaled. The driver of the other vehicle has a suspended license and was driving a recycling truck that is suspected of being overweight. He was coming down an exit ramp off the highway and he claims that his breaks failed. He hit my mothers car from behind, knocking her clear through a 6 lane intersection. Both the police officers on site and the tow truck driver told my mother that the breaks most likely did not fail and they suspected that his truck was overweight and the breaks could not stop the additional weight.
My mother will most likely get a check from her insurance company for the value of her car, but it will not be very much. She does not work and does not have the money to buy a new car, but is now forced to because of this accident.
Is there anything legally that can be done on her behalf or on my behalf since my son was also involved in the accident. Driving an overweight vehicle with a suspended license has to mean something??