Who Is Liable in a New York Truck Accident Case?
Truck accidents in New York often result in severe injuries and significant financial losses. Fortunately, if you or a loved one has been involved in a truck accident in New York, you can file a personal injury claim and recover compensation. But who is liable in a New York truck accident case? In other words, whom can you sue for compensation? Truck accident cases are often more complicated than other motor vehicle accident claims because they may involve multiple parties. Below are the parties that may be held liable in a New York truck accident case.
- Truck Driver
Often, after a truck accident happens, the truck driver is the first party evaluated for fault. If the truck driver is found negligent, they will be held personally responsible for the accident and any resulting damages. The following are some examples of truck driver-related causes of truck accidents;
- Speeding
- Driving under the influence of alcohol or drugs
- Driving while fatigued
- Distracted driving
- The Trucking Company
If a negligent truck driver is an employee of a trucking company, the company may be held liable. In New York, trucking companies can be held vicariously liable for the negligent actions of their drivers. A trucking company can also be held responsible if they;
- Employed an unqualified or inexperienced driver
- Failed to maintain the truck properly
- Failed to follow safety regulations
- Failed to train a driver
- The Truck or Parts Manufacturer
Sometimes, truck accidents happen because of mechanical failure, such as defective brakes or steering systems. The truck or parts manufacturer may be liable if a defective part contributed to the accident.
- The Cargo Loader
Improperly loaded or secured cargo can cause a truck to tip over or lose control, resulting in an accident. If improper loading or securing of cargo caused the accident, the third-party loading company could be held liable for the accident.
- A Maintenance Provider
Sometimes, a trucking company may contract a third-party maintenance company to maintain the truck. If a maintenance provider fails to perform necessary inspections or repairs, resulting in an accident, they could be held responsible.
- Government Agencies or Road Maintenance Contractors
Truck accidents can happen because of poor roads or improper signage. In such cases, the government agency responsible for road maintenance may be held liable. Claims against government entities can be complex, so it is important to retain an experienced attorney.
Proving Liability in a New York Truck Accident Case
To prove liability in a New York truck accident case, the following are some of the types of evidence you can use;
- The police report
- Truck driver logs
- Truck maintenance records
- Witness testimony
- Electronic data recorders (EDRs) or “black boxes”
- Surveillance or dashcam footage
A skilled New York truck accident attorney can help investigate the accident, identify all potentially liable parties, and gather evidence to build a strong case.
Comparative Negligence in New York
New York follows a comparative negligence rule, meaning a party can still recover compensation even if they were partially at fault for their truck accident. However, in such cases, New York law requires that compensation be reduced in proportion to the plaintiff’s share of responsibility.
Contact a Long Island Truck Accident Lawyer
Serving clients in Suffolk and Nassau counties, across Long Island, and throughout NYC, our experienced Long Island truck accident lawyers at Jacobson Law are ready to fight for your rights and help you recover the compensation you deserve. Contact us today to schedule a consultation.
Source:
nysenate.gov/legislation/laws/CVP/1411
