What Happens When a Truck Driver Has an Accident?
When a truck driver causes an accident, the consequences are almost always catastrophic in nature. Data shows that whenever a commercial truck and a passenger vehicle are involved in an accident, the occupants of the passenger vehicle are at an extremely high risk of suffering serious injuries.
Common Causes of Truck Accidents in New York
The most common contributing factors to truck accidents in New York include:
- Fatigued driving
- Distracted driving
- Driving under the influence of alcohol, drugs, or prescription medications
- Speeding
- Overloaded, improperly loaded, or unsecured cargo
- Mechanical failure caused by lack of preventive maintenance
- Mechanical failure caused by defective parts
- Lack of training for the driver
Common Injuries That Can Result from a Truck Accident
- Broken bones
- Neck and back injuries
- Injuries to the spinal cord
- Traumatic brain injuries
- Burn injuries
- Crush injuries
- Dismemberment
- Injuries to the internal organs
Who Can Be Held Liable for a Truck Accident in New York?
If the truck driver in question was drunk or under the influence of drugs at the time of the accident, or if they failed to follow the rules of the road, they can be held personally liable for the accident. Depending on the circumstances, the truck company can be held liable – even if the accident itself was caused by the driver’s actions – thanks to a legal doctrine called vicarious liability.
How the Truck Company Can Be Held Vicariously Liable for the Accident
The trucking industry is heavily regulated by the federal government and truck companies are required to comply with a wide range of laws and regulations. These include:
- Licensing and training requirements for truck drivers
- Work hour restrictions
- Driver performance evaluation
- Alcohol and drug testing
- Truck maintenance records
- Cargo regulations
If the truck company in question is in violation of any of these regulations, they can be held liable for the accident. For example, if the company did not allow the driver to take adequate rest and if the driver was fatigued as a result, the company can be directly held responsible for the accident – as they are in violation of federal work hour regulations.
Apart from this, there are several other parties that can be held liable for a truck accident. These include:
- The party that is responsible for repairing and maintaining the truck
- The party that is responsible for loading and securing the cargo
- The company that manufactured the defective part
Why You Need an Experienced New York Truck Accident Attorney on Your Side
Truck accidents can result in serious, debilitating injuries that might require extensive treatment and care. Moreover, truck companies work tirelessly to deny any liability arising out of accidents caused by their drivers. We make sure that we get you the most money possible and stand up to the truck companies time and time again.
Michael S. Lamonsoff is a highly-rated, award-winning civil litigator with decades of experience in handling truck accident claims – as well as a wide range of other personal injury claims. Aggressive, combative, and extremely skilled, Michael is nicknamed ‘The Bull’ for the tenacity with which he fights for his clients’ rights.
When you choose the Law Offices of Michael S. Lamonsoff, you can rest assured that some of the best personal injury attorneys in New York are working tirelessly to recover damages for you.
Call us today at 212-962-1020 or write to us online to schedule a free consultation with one of our experienced New York truck accident attorneys.