Who Is Liable In A New York Truck Accident?
November 21, 2022
Who Is Liable in a New York Truck Accident?
If you are involved in a truck accident in White Plains, New York you may not be completely sure what to do. Liability is somewhat complicated in New York relative to truck accidents. You might not immediately realize every party you may be entitled to compensation from.
Because of the number of parties involved after a truck accident, you need to make sure you understand how to proceed. Working with an experienced attorney can help you determine exactly what you need to do.
Below, we will outline the primary parties that may share some responsibility in a truck accident case.
Drivers must take great care across the board to ensure the safety of their trucks. This includes any of the following tasks:
If a truck driver endangers themselves on the road, they are endangering everyone around them. And their culpability is a critical piece of the puzzle in determining settlements.
Management and supervisory teams are tasked with hiring responsible drivers and properly training them. These trainings are meant to teach all the critical elements of safe driving. Specifically, safety in driving hours and driver fatigue must be seriously considered.
Sometimes supervisors neglect these duties or ignore them in favor of meeting a deadline or transporting even more merchandise. This, of course, could lead to drivers being pressured to follow unsafe protocols in their transport.
If these factors contribute to an accident, then the company itself could be directly liable in a settlement scenario.
For instance, poorly packed goods could slide or shift if they are not properly secured. These could fly out of the back of the truck or cause the truck to move unevenly and dangerously.
Additionally, pressures to hit deadlines could lead to cargo overloads – another highly dangerous activity. In situations like this, the cargo company could be at fault and therefore liable in a truck accident.
Besides the trucks themselves, this includes all the parts they also manufacture. If parts are defective or a design flaw is discovered, these companies must recall the products. If this is not done in a timely manner and accidents occur, they may also be responsible.
If a truck mechanic is negligent in some way, it could easily lead to a catastrophic accident that leads to property damage, injury, and worse. Therefore, these mechanics can be held accountable in the event of an accident with injury.
It is worth exploring negligence within mechanic work if this aspect is a related factor.
Therefore, securing a White Plains, New York attorney as soon as possible is critical.
Attorneys can take you through the complex legal process of dealing with so many different entities. They can help map out the case in a way that connects liability. And they can help you better understand the elements of your case and how to proceed.
Accountability is a tough subject in trucking accidents. Getting an attorney to help you makes it much easier.
Contact us today for a consultation to discuss your case. From there, we can develop a course of action to help you through to a resolution.
Because of the number of parties involved after a truck accident, you need to make sure you understand how to proceed. Working with an experienced attorney can help you determine exactly what you need to do.
Responsible Parties in New York Truck Accidents
Commercial trucks rely on multiple organizations and entities in their operation. This means that in the event of an accident, all those parties have a stake in the liability.Below, we will outline the primary parties that may share some responsibility in a truck accident case.
Driver of the Truck
Drivers are first in line for responsibility and liability in a given accident. In the end, it is the driver who is responsible for the truck and cargo they are carrying.Drivers must take great care across the board to ensure the safety of their trucks. This includes any of the following tasks:
- Driving according to safety guidelines
- Not driving past cut-off hours in favor of making deadlines
- Opting to drive dangerously in unsafe or difficult conditions
- Driving recklessly by speeding or ignoring traffic laws
- Driving under the influence of drugs, alcohol, or other substances
If a truck driver endangers themselves on the road, they are endangering everyone around them. And their culpability is a critical piece of the puzzle in determining settlements.
Truck Company
Trucking companies manage the trucks and drivers of their freights. Therefore, they also are potentially liable if an accident occurs under their watch.Management and supervisory teams are tasked with hiring responsible drivers and properly training them. These trainings are meant to teach all the critical elements of safe driving. Specifically, safety in driving hours and driver fatigue must be seriously considered.
Sometimes supervisors neglect these duties or ignore them in favor of meeting a deadline or transporting even more merchandise. This, of course, could lead to drivers being pressured to follow unsafe protocols in their transport.
If these factors contribute to an accident, then the company itself could be directly liable in a settlement scenario.
Cargo/Loading Company
Cargo companies are tasked with loading commercial-level trucks with the items and goods needed to be transported. Errors in this loading procedure could inevitably cause an accident to occur.For instance, poorly packed goods could slide or shift if they are not properly secured. These could fly out of the back of the truck or cause the truck to move unevenly and dangerously.
Additionally, pressures to hit deadlines could lead to cargo overloads – another highly dangerous activity. In situations like this, the cargo company could be at fault and therefore liable in a truck accident.
Truck Manufacturer
A truck's manufacturer could also share in the liability of an accident. Manufacturers must adhere to highly strict quality assurance in all materials they provide to trucking companies.Besides the trucks themselves, this includes all the parts they also manufacture. If parts are defective or a design flaw is discovered, these companies must recall the products. If this is not done in a timely manner and accidents occur, they may also be responsible.
Mechanics and Technicians for Truck
Truck mechanics are held to stringent standards when it comes to the quality of their work and service. They are working on incredibly heavy, expensive, and potentially dangerous equipment. This means that their seal of approval on inspections and service is crucial.If a truck mechanic is negligent in some way, it could easily lead to a catastrophic accident that leads to property damage, injury, and worse. Therefore, these mechanics can be held accountable in the event of an accident with injury.
It is worth exploring negligence within mechanic work if this aspect is a related factor.
Why You Should Retain a New York Truck Accident Attorney
If you or a loved one is involved in a truck accident, you may be unsure how to proceed. If you're dealing with injuries, loss of work, and other issues, you're probably already enduring significant stress.Therefore, securing a White Plains, New York attorney as soon as possible is critical.
Attorneys can take you through the complex legal process of dealing with so many different entities. They can help map out the case in a way that connects liability. And they can help you better understand the elements of your case and how to proceed.
Accountability is a tough subject in trucking accidents. Getting an attorney to help you makes it much easier.
Contact us today for a consultation to discuss your case. From there, we can develop a course of action to help you through to a resolution.
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