When an accident involves only standard vehicles such as cars or SUVs, typically only drivers are considered for potential liability. But when an accident involves a commercial vehicle, such as a semi-truck or delivery truck, the pool of who might be to blame grows more complex.
A truck accident in New York – as in any other state – can pull multiple parties into the case. Behind the driver often are their parent company and even third parties, each of which can have their own legal team to step up for them.
Proving liability against these parties can take complex work. That’s why contacting an experienced New York truck accident lawyer can be the best first step toward receiving the compensation you deserve for your immediate and long-term needs.
Let’s take a deeper look at three potential sources of liability in a truck accident and how they might be seen as responsible.
The Driver
The truck driver will likely hold at least some responsibility in most truck accident cases. It is up to your attorney to investigate and prove negligent behaviors or other factors were in play that can be tied to the truck driver.
Such circumstances include:
- Speeding
- Distracted driving, such as phone use while driving or suffering from physical conditions that take attention away from the road
- Fatigued driving
- Violating other safety regulations
- Driving while intoxicated
- Driving under the influence of drugs, whether the effects are from illegal drugs or prescription drug side effects
In some cases, the truck driver may be directly responsible for some of the above factors contributing to a crash. However, the decisions of additional parties might have played roles as well – the driver’s company often being especially worth investigating.
The Trucking or Delivery Company
Sometimes when a driver exhibits negligent or improper practices, it can be traced to certain policy failures or pressures from their employer. A truck accident attorney can investigate the company to uncover any reasons to pursue liability against them.
One of the first questions we will ask is whether the company placed someone who was truly fit to drive behind the wheel of one of their vehicles. That requires a look into hiring and training records.
Legally, a trucking company is responsible for practicing proper hiring and training of its employees. This includes checks into criminal records, physical exams, drug testing, verifying licensing, and providing suitable job training before being allowed to work. Any violations of these practices can imply that the company placed an unsuitable driver on the road.
Another we evaluate is what the company expected from the driver. The US Department of Transportation and New York State place requirements on work hours and rest periods for truckers. Pushing drivers beyond these limitations for higher performance (and potentially falsifying logs to get away with it) is not just illegal for the company but can place the driver in a seriously fatigued and unsafe position.
By requesting and reviewing sources such as company records and truck “black box” data, a truck accident attorney can determine whether any violations may have occurred and are worth filing claims against.
Third-Party Companies
While a trucking company may largely hold responsibility for the maintenance and operations of its fleet, there are times when crash-causing factors might fall upon other involved parties.
For example, if the truck was taken to a third-party mechanic who missed or incorrectly performed necessary maintenance, liability could fall upon them if mechanical issues contributed to the crash. If the truck was improperly loaded by a third-party, they could be held responsible if uneven weight caused the truck to lose control.
Truck parts manufacturers themselves can also be held liable if their goods were determined defective. It takes no leap of logic to see how faulty brakes, tires, or steering could have catastrophic consequences.
Get the Justice and Compensation You Deserve
Truck accidents can have severe, long-term effects on one’s health, ability to work, and quality of life. The costs of all these factors can add up to a tremendous amount over time.
Never accept the first offer from any insurance company before consulting with a New York truck accident attorney. Taking a settlement lower than you deserve can lock you out of seeking more when you better understand the full scope of your long-term needs.
The chances of recovering the money you need to cover your long-term costs rises when more parties are held liable for contributing to such a life-changing event. But holding the right parties accountable takes deep investigation and experienced legal and negotiation skills.
Feroleto Law has been one of Western New York’s leading personal injury firms for more than 30 years, with extensive experience handling truck accident cases.
We will be happy to discuss your case for you for free. And if we believe we can help you and you choose our services, you will pay no up-front legal fees. We get paid only when we win for you.
Call our office at (716) 427-0243 or fill out our contact form to schedule a free consultation.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]
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