As a driver, you must be cautious, use good judgment, and follow all traffic laws. This will keep you and other road users safe, as well as help you avoid any inconvenience caused by accidents or other incidents. When it comes to trucks, however, there are additional factors to consider. These elements will also influence who is held accountable in a truck accident.
Differences Between Truck Accidents and Car Crashes
Truck accidents are not the same as car accidents. In a two-car accident, the parties involved are you, the other driver, and your insurance companies. Unless there are other factors at play, such as other road users or natural disasters.
It is easy to blame the truck driver in a truck accident. They are the obvious party. Other parties, however, may bear responsibility. It could be returned to the truck manufacturer. As a result, you may not know who is to blame right away. You’ll need the assistance of an experienced attorney to get to the bottom of who should be held accountable in your case.
All phone calls, emails, and conversations about your truck accident will be handled by Gregory Spektor and Associates. One of the first things you should do after an accident is established liability. Our legal team will work tirelessly to achieve the best possible outcome for you.
Who Is Liable in a Truck Accident?
Nobody wants to be held responsible for an accident because it can lead to a variety of losses. When a truck accident occurs, it is possible to assign blame to one or both drivers. If the trucking accident involves two vehicles, however, in a collision involving more than one vehicle, the fault may be assigned to multiple parties. Trying to understand everything may seem overwhelming. As a result, some of the parties liable in a truck accident must be listed.
But first things first. Keep in mind that silence is golden, and you should refrain from saying anything after the accident. Wait for the police to arrive. You could be held accountable for words spoken in the midst of an experience. Even apologizing or saying sorry may backfire. So stay calm and wait for the authorities.
Taking all of this into consideration, who is at fault in a truck accident? There are numerous options. Here are a few examples of them.
Truck Drivers
Nobody in their right mind would intentionally cause an accident, especially one that results in significant losses. However, truck drivers are sometimes at fault for causing accidents by acting recklessly. Many truck drivers, on the other hand, are cautious and take the dangers they may encounter behind the wheel seriously. When a driver engages in the following behaviors, he or she may be held liable for an accident.
- Distracted driving.
- Driving while texting.
- Driving under the influence of alcohol or drugs (including prescribed medication).
- Speeding or driving too fast for prevailing conditions.
- Aggressive or reckless driving.
- Disregarding traffic signs.
- Violating federal laws and being on the road for more hours It causes fatigue or makes you fall asleep at the wheel.
The truck driver is to blame in this case. They may be held responsible for the incident. However, driver error is not always the sole cause of truck accident. There could be another party to blame. As a result, your lawyer will investigate the accident and seek compensation.
They will also seek to establish that the trucking company may be a party if they discover the fault to be a maintenance issue while investigating the fault. Trucking companies also have an impact on the actions of truck drivers. At this point, they will try to determine whether the truck driver is an employee of the trucking company or an independent contractor.
Trucking Companies
You’d think that all trucking companies would hire only the best drivers available. And because this is usually the case, proving that trucking companies are to blame for an accident is a difficult task. You need an experienced lawyer who knows how to bring certain issues to light. Trucking companies may cut corners when it comes to safety or has unrealistic expectations of their drivers. They do not always make decisions in favor of truck drivers. The following are some of the most common offenses committed by trucking companies:
- Hiring underqualified truck drivers.
- Inadequately training truck drivers and other trucking company employees.
- Pushing drivers to stay on the road longer than is legal or safe.
- Failing to perform regular maintenance on commercial trucks.
- Not properly inspecting trucks before use.
- Allowing drivers to operate vehicles without a license.
- Encouraging drivers to use stimulants to stay awake for longer.
Owner of The Truck
Occasionally, the trucking company does not own the commercial trucks it employs. In these commercial truck accident cases, the owner is responsible for the commercial truck as well as any negligence that may have contributed to the collision.
If the truck owner fails to perform inspections, maintenance tasks, or ensure engine function, they may be held liable. It is the truck owner’s responsibility to keep the vehicle in good working order. This includes the tires, fluids, brakes, electronics, engine, and all internal components. Otherwise, they could be held liable for the accident in a truck accident claim.
Manufacturers
In most cases, a single manufacturer creates or assembles all of the parts in their factories. Trucks, on the other hand, are built by assembling components from various manufacturers, as opposed to cars. As a result, manufacturers of the truck’s parts must ensure that they are safe. Otherwise, a manufacturer may be held liable if a vehicle part fails and causes an accident.
A tire blowout is one of the most common manufacturing errors that cause accidents. These conditions can cause the truck to roll over, swerve, or jackknife. It is the result of poor manufacturing. However, it can also be the result of normal wear and tear or a lack of routine maintenance. Other common parts that fail mechanically, resulting in product liability claims, are:
- Faulty brakes.
- Locks.
- Steering problems.
- Hydraulics.
- Load straps.
- Defective trailer hitch.
- Coupling systems
Cargo Loaders
Truck drivers and their companies occasionally use third parties to load cargo onto trucks. Loading cargo correctly is critical, and there are specific methods for doing so. It concerns not only the weight and size of commercial trucks, but also the type of material, weight, and method of transport.
Otherwise, cargo that has been improperly loaded or secured may shift. Improperly loaded cargo can cause trucking accidents in two ways: The first possibility is that the load will fall out of the truck and into oncoming traffic. The second scenario is that improperly loaded cargo can cause load instability and destabilize commercial trucks. It makes it difficult for the truck driver to control the vehicle, causing it to move in unpredictable patterns.
Truck accidents frequently cause a chain reaction as drivers swerve to avoid falling cargo or out-of-balance trucks. Even if the company’s only responsibility was to load cargo, they could be held liable. Before the truck driver departs, they should ensure that the loaded cargo is secure.
Government Agencies and Contractors
Broken pavement or soft shoulder could also be to blame for the error. If the accident was caused by a roadway hazard, the local or state government in charge of that stretch of road is held liable. The contractors who built that stretch of road may also be held liable. Contractors may be held liable if they create a work zone that leads to an accident or performs work that causes the accident.
What If Multiple Parties Caused the Accident?
An investigation may reveal that several parties are to blame for an accident. It enables victims to maximize their compensation by filing multiple claims. There are numerous examples of similar situations. It could be an accident involving multiple vehicles in which multiple parties are liable for a truck accident. It’s also possible that the trucking company and vehicle parts manufacturer are to blame for outfitting the truck with faulty equipment. They may also take shortcuts in order to save money or time.
In any case, the insurance company will work quickly to settle any potential claims. They will also provide quick settlements that may appear to be very generous to the untrained eye. However, if you have experienced legal representation, they will be able to detect the scam from afar. As a result, working with an experienced law firm like Gregory Spektor and associates is essential. The attorneys have prior investigation and evidence-gathering experience in truck accidents. They will assist you in building strong cases that will maximize your financial compensation.
New York Federal Regulations
Interstate commerce is governed by federal regulations. They specify driving procedures, such as using a truck driver’s license. They also limit the number of hours one can be on the road in order to avoid fatigue. Truck drivers in New York must carry a lot of insurance. The reason for this is to ensure that they cover hazardous material transportation and property damage.
The laws also limit the amount of time you have to file a claim for compensation. The statute of limitations is three years. As a result, you should contact a personal injury attorney as soon as possible. Gregory Spektor and Associates is the place to go if you need an experienced lawyer.
Gathering Evidence
Accepting a settlement before conducting a thorough investigation of the truck accident case is advised. The insurance company will try to settle the case as soon as possible so that they can pay as little as possible. As a result, if you seek compensation, you may receive far less than you deserve. You will also have waived your right to seek additional information.
A variety of data must be reviewed following a trucking accident. It contains police reports, witness reports, evidence at the scene, black box data, and a physical examination of the vehicles. In some cases, they may also consult with accident reconstruction specialists. Allow the proper authorities to complete their investigations before making any decisions.
Recoverable Damages for a Trucking Accident
Having an attorney with the necessary experience will assist you in obtaining recoverable damages. It will assist you in meeting your financial obligations. It also assists victims and their families in dealing with the accident’s immediate and long-term consequences.
You may be able to recover property damage, emotional distress, medical bills, disability, or lost wages. You may also be able to receive compensation for future medical costs, wrongful death, or pain and suffering. This recoverable damage will be determined by the facts of your case.
As a result, you should consult with law firms that have experience and a knowledgeable legal team. It ensures that you are utilizing all available resources in order to obtain fair compensation.
Are You Looking for an Attorney in New York? Welcome to Gregory Spektor & Associates, P.C.
Having an experienced lawyer on your side is critical in any trucking accident case. As a result, you should consult with a law firm that can provide you with one. Gregory Spektor and Associates P.C. is the best law firm in New York City. We will assign you an experienced lawyer who will work tirelessly on your behalf.
In addition, our team is well-versed in all applicable laws. When constructing legal arguments on your behalf, they will take into account local, New York State, and federal laws. It will ensure that you receive the justice and compensation you are entitled to.
Our legal team has the knowledge and experience to handle even the most complicated lawsuits. We also value our attorney-client relationship and strive to provide the best service possible to our clients. We will listen to you and provide you with the best advice to ensure you receive the most compensation for you and your family. Our attorneys will assess your situation, devise a legal strategy, and defend your legal rights.
Visit Gregory Spektor and Associates, P.C. in Queens, New York, for more information on accidents. To schedule an appointment, call (888) 797-7735 today.
