Truck collisions can lead to severe injuries and death. If you were hurt in a truck collision or your loved one passed away in a truck crash, you may be able to recover compensation for your damages. Hire a truck accident lawyer serving Freeport from Rosenberg & Gluck, L.L.P. to learn more.
Call our office at (631) 451-7900 today for your free consultation.
For a free legal consultation with a truck accidents lawyer serving Freeport, call 631-203-1691
Liability for Truck Collisions
Auto collisions involving semi-trucks or other large trucks can be especially catastrophic. Serious injuries and fatalities are sadly not uncommon. If you or a loved one was involved in a truck collision, you may be wondering who is to blame.
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The Truck Driver May Be At Fault
Sometimes, the fault for a collision lies with the truck driver. Truck drivers have a very challenging occupation. However, this does not excuse negligent driving. A truck driver may be legally responsible for your collision if he or she was driving under the influence of drugs or alcohol at the time of the accident or engaged in other negligent behaviors.
The truck driver may also be at fault if he or she was too sleepy to drive safely. The Federal Motor Carrier Safety Administration (FMCSA) limits the number of hours that a truck driver can drive without stopping for a break. These “Hours of Service” rules are intended to decrease the frequency of truck collisions caused by sleep-deprived truckers.
Unfortunately, some truckers ignore these important safety regulations in an effort to complete their trips more quickly. They may falsify their logbooks and record rest breaks that they did not actually take. A truck driver may also be liable for a collision if he or she was speeding, tailgating, texting while driving, or violating other traffic laws at the time of the accident.
Liability May Fall to the Trucking Company
It is also possible that the trucking company is liable for your crash. If the trucking company encouraged drivers to violate Hours of Service rules or knew that drivers were falsifying their logbooks, the company may be responsible for damages caused by a fatigued truck driver. The trucking company may also be liable for the collision if the company:
- Utilized negligent hiring practices by hiring drivers who were unqualified to operate a commercial vehicle or had a history of driving under the influence
- Failed to properly inspect and maintain vehicles
- Allowed trucks with known defects to be driven
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The Party That Loaded Truck Cargo May Be to Blame
Eighteen-wheelers and other large trucks are responsible for carrying the majority of the freight transported across the United States. Cargo that is not loaded correctly in a trailer may cause the truck to be improperly balanced. This makes the truck harder to control. Improperly loaded cargo may even cause the trailer to tip over during sharp turns or sudden stops.
Cargo that is not properly loaded and secured on a flatbed truck may fall off of the truck and onto the road. Motorists may collide with the fallen cargo or another vehicle while trying to avoid the fallen cargo. If the cause of a truck collision is improperly loaded or unsecured cargo, the party that failed to correctly load the cargo may be liable for your crash.
A Truck Parts Manufacturer May Be Liable if Vehicle Defects Caused the Collision
If the collision was caused by defective brakes, a faulty steering or hydraulic system, defective tires, or another defective truck part, the party that designed or manufactured the defective part may be liable for the collision.
Comparative Negligence for New York Truck Crashes
In some truck collisions, the fault for the accident falls to more than one party. The person who was injured or killed in the accident may even share fault for the collision. If an injured person’s negligence contributes to their injuries, they may still be entitled to partial financial compensation.
According to New York Civil Practice Law and Rules (CVP) §1411, an injured person’s contributory negligence does not prohibit recovery, but it does reduce the damages the injured person may be entitled to recover.
Financial Compensation You May Be Entitled to Collect After a Truck Collision
A collision involving a large truck or fallen truck cargo can lead to severe injuries that result in tremendous medical debt and other expenses. If you or your loved one was injured in a truck collision, you may be entitled to compensation for your past and future financial losses. You could be compensated for:
- Medical expenses resulting from hospital care, physical therapy, prescription medication, medical equipment such as a wheelchair or leg scooter, doctor’s visits, and other medical treatment
- Out-of-pocket medical expenses
- Modifications to your home necessitated by your disability
- Lost wages from your past and future missed work
- Any impairment to your future earning capacity caused by your injuries
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
A truck accident lawyer serving Freeport from Rosenberg & Gluck, L.L.P. can help you seek compensation for your damages. Call us at (631) 451-7900 today.
Legal Options After Losing a Loved One in a Fatal Truck Collision
If your loved one was killed in a fatal truck collision, the financial burden created by this loss may compound your grief. Money cannot make up for the death of someone you loved. It may, however, lessen the financial harm caused by the tragic loss.
A wrongful death claim is a legal claim brought on a deceased person’s behalf by a personal representative. Through a wrongful death claim, you may be able to recover compensation for:
- Medical bills incurred between the collision and your loved one’s death
- Expenses related to your loved one’s funeral, cremation, or burial
- Your loved one’s lost wages
- The lost inheritance suffered by the deceased person’s children
- The loss of the deceased person’s household services, such as childcare
Get Started on Your Case Today
If you want to learn more about your legal options after being injured or losing a loved one in a truck collision, hire a truck accident lawyer serving Freeport from Rosenberg & Gluck, L.L.P. Our team can help you identify who is liable for the accident and pursue compensation for your damages. Call our office today at (631) 451-7900 for a free case evaluation. Statutes of limitations limit how much time you have to file your claim so don’t delay.