Proving Negligence in New York truck accident cases
If you have been seriously injured in an accident with a commercial truck, the truck driver or the truck company could be found negligent and liable for your injuries, if it can be proven that their negligence led to the accident and your injuries.
A serious truck accident usually requires a lengthy and in-depth investigation to determine what caused the accident.
A New York truck accident lawyer will determine if one or more of the following parties were at fault for the accident:
- The truck driver
- The trucking company
- The company that loaded the cargo
- The truck’s maintenance company
- Other vehicles involved in the crash
- Part manufacturer’s for defective parts.
New York is a “pure comparative negligence” state which means that liability will be shared among those responsible for the accident.
For instance, in a serious rear-end truck accident case, the court divide liability among the truck driver, truck company, third party, and the driver of the rear-end vehicle. The driver of the rear-end vehicle may be partially at-fault if it is proven that they engaged in negligent behavior which caused the accident
In determining negligence, Koenig Pierre, your New York truck accident attorney will establish the following elements:
- The truck driver owed you a duty of care to operate the truck in a manner consistent with that of a prudent truck driver.
- The truck driver breached the duty of care by operating the truck in an irresponsible manner.
- The breach of this duty was the proximate cause of your injuries.
- The injuries you have endured have a monetary value in the form of economic and non-economic damages.
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Truck Accidents Caused By Negligence
Serious truck accidents can be devastating. Often they result from driver error, negligence by the truck company, negligence by a third party in loading the trailer, or a manufacturing defect. The most common forms of negligence in a truck accident include the following:
- Sleepy/Fatigued Driver: Driving while drowsy may significantly increase the risk of an accident. Truck drivers usually have to transport large hauls, across large distances, and at night, in non-compliance with the strict rules provided by the Federal Motor Carrier Safety Administration. According to the National Highway Safety Administration, each year, there are an estimated 56,000 fatigue-related crashes on the roadway. The National Traffic Safety Board has reported that half of all long-haul truck drivers have fallen asleep, at some point, while driving.
- Distracted Driver: each year, distracted driving, is a leading cause of all motor vehicle accidents.What makes matters worse is when the distracted driver is behind the wheel of a semi-truck, the results can be catastrophic.
- Load Imbalance or Overloaded Trucks: often trailers are overloaded or loaded in such a careless manner that the load greatly interferes with the driver’s ability to fully control the vehicle while driving. For instance, an imbalance that places too much weight toward the rear section of the trailer may cause the front section lighter than it should be. As a result, if a road incident requires the truck driver to make an evasive maneuver or slow down, the imbalanced load may affect the driver’s ability to do so. The company responsible for improperly loading the vehicle will be liable for any accident which results.
- Aggressive Truck Driving: When semi-truck drivers behave aggressively, the results can be deadly. Aggressive driving is any driving behavior that can be considered dangerous or that deliberately disregards road and safety laws. According to the Federal Motor Carrier Safety Administration, 7% of all tractor-trailer crashes are attributed to road rage and the most common form of aggressive driving is tailgating. Speeding is another form of aggressive driving which may lead to a catastrophic accident. Truck drivers are required
- Insufficient Maintenance: Truck companies may try seek to avoid maintenance cost in order to cut down on expenses However, this practice may prove more costly than the cost of repairing the faulty equipment.
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