Trucking Accident Liability
New York Truck Accident Lawyers Alonso Krangle LLP
If you were injured in a trucking accident, many parties might be responsible. Call our Lawyers to find out if you can recover compensation for your injuries after a trucking accident.
After you are injured in a trucking accident, you must hold the correct party responsible. Determining who is to blame for a crash involving a truck can be complicated because of the hundreds of rules and regulations that govern the trucking industry. There could be third party agencies involved or self-employed drivers. Inspectors, employers, and manufacturers all play a role in maintaining the safety of trucks and their drivers. Many parties might be legally responsible for the accident and injuries that result.
Why is it so important to identify the correct party? Because the chances are that if you were injured in an accident with a large truck, those injuries are severe. Severe and expensive.
Trucking accidents often produce catastrophic injuries that can devastate the finances of a family. You want to make sure that the party responsible for the damage, can pay you the compensation you deserve.
At Alonso Krangle, LLP, our lawyers have the experience and skill you want on your side in a trucking accident case. We are not afraid of insurance companies and can negotiate a settlement that reflects the actual value of your losses. We can also represent you in the courtroom if you choose to proceed with a trial. Don’t settle for less than you deserve after you are injured in a trucking accident. Let us help you obtain the compensation you and your family are counting on.
Determining Liability in Trucking Accidents
The first step in determining liability is understanding who has a duty or obligation. Liability exists when the duty is breached, and injuries result. There are several parties to consider right away when trying to determine liability in an accident with a truck. We can ask some critical questions:
- Did the manufacturer of the truck create a defect that caused the accident?
- Did the manufacturer of the truck parts (i.e., brakes) create a defect that caused the accident?
- Did the company that secured the cargo on the truck act negligently?
- Did the inspector miss something which led to an accident?
- Did the third-party agency fail to do a background check on a driver who caused an accident while driving impaired (intoxicated, under the influence of drugs, etc.)?
- Was negligent hiring a factor in the accident? The employer may be blameworthy
- Did the driver of the truck break the law, causing the accident?
Asking these questions immediately after a trucking accident is crucial to assess your case and determine who might owe you compensation for your injuries.
Let’s look at these parties a bit more closely.
Truck Driver Liability
Drivers cause many trucking accidents. Much like car accidents, trucking accidents can occur when the driver:
- Breaks the law by speeding, ignoring traffic signs, driving recklessly
- Drives while intoxicated or under the influence of drugs (including lawfully prescribed medications)
- Drives while fatigued
- Drives while texting or is otherwise distracted
There are occasions when the only liable party is the driver of the truck involved in the accident.
Trucking Company Liability
The trucking company that hired the driver involved in the accident is often legally responsible for the crash. Your lawyer will be able to find out through an investigation if the employer kept proper logs of the driver’s time on the road, adhered to safety regulations, and followed all maintenance protocols. If the employer puts money above safety, chances are the company will face liability.
Truck Owner Liability
Sometimes a trucking company uses trucks they don’t own. That owner may be liable for the failure to have the truck inspected, serviced, and maintained. There are hundreds of federal regulations that govern the maintenance of large trucks. Failure to follow them can result in liability in the event of an accident.
Cargo Company Liability
When an accident occurs because something is amiss with the cargo, the company responsible for loading and securing it might be liable. For example, if the loader ignored the weight limit, or incorrectly represented the weight of the items being placed in the truck, it would make it difficult for the driver stop the vehicle using the brakes. In a case such as this, the cargo company may be held liable for the accident.
Much like the cargo company can be liable, the same is true of the manufacturer. If a manufacturer of part of the truck was negligent or sold a defective product, that company may be responsible for the accident. For example, if faulty brakes or tires cause a trucking accident, the manufacturer of the brakes or tires might be ordered to pay compensation to the injured victims.
How Our Personal Injury Lawyers Can Help You After a Trucking Accident
If you were hurt in a crash with a large truck, chances are you are in bad shape. Trucking injuries are often devastating and life-altering. Paralysis, head injuries, back injuries, and amputations are not uncommon.
You might be out of work for some time. You might have years of recovery ahead of you. Hiring the right personal injury lawyer to help with your trucking accident case, like the ones at Alonso Krangle, LLP, can allow you to focus on your health while we take care of the rest.
How can we help you?
- We can thoroughly investigate your case to determine who is responsible
- We know what the critical questions are
- We can procure medical records, traffic records, employment files, logbooks, and other necessary documents.
- We can negotiate with big insurance companies to ensure you don’t settle for less than you deserve
- We can represent you in court, interview witnesses, and present a strong case
Call our trucking accident lawyers at Alonso Krangle, LLP today to find out more about obtaining compensation after you are hurt in a trucking accident. Call 800-403-6191 for a free evaluation of your personal injury claim.