Who Can Be Held Liable in a Truck Accident?
Since the majority of truck drivers are independent contractors, it can be difficult to establish legal blame for a truck accident. A skillful truck accident lawyer in New York can help. If the company that hired the independent contractor is in charge of all moving points of their position, the contractor may be deemed an employee. If the contractor is determined to be an employee, the employer may be liable for the accident.
If the truck driver was deemed at fault for the accident, both the driver and the trucking company can be held liable for the negligence of the trucker. In addition, the owner of the cargo, the company that was responsible for loading the car, the manufacturer, and the trucks’ mechanics can be held liable.
What Happens if More Than One Party is Responsible for Your Trucking Accident?
Our attorneys at Rosenberg & Gluck, L.L.P., will investigate all potentially liable parties to determine who should be held responsible for your injuries. As explained earlier, we know that multiple liable parties can create complexities in a case. We are prepared to do what it takes to hold the right party responsible so that we can help you get the financial compensation you need.
You Have a Limited Time to File a Legal Action in a Truck Accident
You generally have three years to file a lawsuit in your trucking accident, according to CVP §214. There might be exceptions that could shorten your deadline to file, such as if you are suing a municipality. If you want to file a wrongful death action, you generally have two years, per EPT §5-4-1.
You can meet with us to discuss how any exceptions could affect your potential case. Time is of the essence in consulting with an attorney, if you miss a statute of limitations that applies to your case, you will be precluded from bringing a claim for damages.
Why Truck Accidents Happen
There are more than 2 million drivers on the road today, and 500,000 accidents occur per year. Data indicates that truck drivers are inherently more at risk for a crash, especially to other drivers.
Drivers of large trucks and other vehicles involved in truck crashes are 10 times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance, according to the Federal Motor Carrier Safety Administration (FMCSA).
The trucking industry is under financial pressure to deliver goods more cheaply and faster than ever before. As a result, trucking companies in Long Island, NY, cut corners.
- Truck drivers find themselves driving long hours.
- Trucks are not always properly maintained.
- Freight is sometimes improperly loaded.
- Truck driver training and screening are mismanaged.
Common Causes of Truck Accidents
The attorneys at Rosenberg & Gluck, L.L.P., represent clients injured in all semi- or tractor-trailer accidents. Truck accidents can happen for the following reasons:
- Driver fatigue
- Driving under the influence
- Excessive speeding
- Wide turns
- Trucks pulled off onto the shoulder improperly
- Load shift
- Lack of proper safety reflectors for night driving
- Tire blowouts
- Driving while distracted (such as driving while using a cellphone)
- Vehicle defects
- Defective truck parts
What are the Common Types of Truck Accidents?
There are several typical kinds of truck accidents that can occur for various reasons, from weather to inattentive driving. Every accident is different but can result in severe injury, even death.
Here are the most common types of truck accidents:
- Rollover: A truck that rolls over poses a serious threat to the driver and all surrounding cars. This can occur due to the shifting of cargo on an incline or taking a turn too fast.
- Jackknifing: When the attached trailer loses control, it can cause a “jackknife.” A jackknife happens when the cab and the trailer are facing the opposite direction, making the cab unable to move any longer.
- Tire blowout: A tire can blow out due to the extreme weight of the truck. When the tire blows, the truck driver may lose full control of the truck and can roll over from the impact.
- Car under truck: When the driver behind a truck does not see the truck slow down or come to a stop, they can slide under the underside. This kind of accident can end in severe injuries, including death and total loss of the vehicle.
What is the Difference Between Truck and Car Accidents?
The major difference between a tractor-trailer and car accident is the severity of the outcome. A fully loaded 18-wheeler is a massive machine. They can weigh in at over 80,000 pounds, a whopping 20 times heavier than the average car on the road.
When there is a collision with a truck, it can result in serious injuries, even death.
Truck Companies Have Their Attorneys Ready to Take on Their Cases
The trucking industry has the wherewithal to retain experienced, effective legal teams to fight claims in trucking accidents. Trucking companies frequently send representatives, who arrive quickly at the scene of an accident, to gather information and interview witnesses. You need experienced experts on your side, including a seasoned New York truck accident attorney, to present your case in a truck accident claim.
Experienced Truck Accident Lawyers Can Help
We understand the trucking industry and the laws that regulate it. We know how to investigate truck accidents and trucking companies. We can help you by filing your accident claim, negotiating with insurance and trucking companies, or taking your case to trial, if necessary, to recover just compensation. Favorable outcomes depend on the skills and experience of effective truck accident lawyers.
Call Today for Your Free Consultation
Call our truck accident law firm in Long Island today for a free consultation and to discuss your case with a personal injury attorney. If you are unable to travel, hospital and home visits are available.