After suffering an injury in a collision with a commercial vehicle, such as a large truck or bus, it’s important to understand the cause of the accident. Depending on the cause, different parties could be liable for your losses. For example, a truck driver, trucking company, cargo loader, or maintenance provider may be fully or partially responsible for the accident, and by identifying their roles, an experienced attorney can help you seek the compensation you deserve.
Driver Negligence
One of the most common causes of commercial vehicle accidents is driver negligence. Truck and bus drivers can engage in the same negligent acts as anyone else. However, because of the size and weight of their vehicles, the consequences of this negligence can be catastrophic for other motorists and pedestrians. Driver negligence can include things like:
- Distracted Driving ? Commercial drivers may be distracted by their phones, food, or other vehicle occupants.
- Intoxicated Driving ? Commercial drivers with a blood alcohol concentration of 0.04 percent are considered intoxicated in New York.
- Fatigued Driving ? Commercial drivers must follow the Federal Motor Carrier Safety Administration’s (FMCSA) hours of service regulations to prevent fatigued driving.
- Failure to Yield ? Commercial drivers must yield the right of way to oncoming traffic or pedestrians when turning.
Trucking Company Negligence
If the accident that caused your injuries involved a commercial truck, the trucking company could be liable for your injuries and losses. For example, if the company encouraged its drivers to speed or skip breaks to make faster deliveries, its practices may have contributed to your injuries. Additionally, companies are responsible for making sure the drivers they hire have good driving records and the necessary commercial driver’s licenses.
Cargo Loader Negligence
In some commercial truck accident cases, the cargo loader could be liable for your losses if poorly loaded cargo contributed to the accident and your injuries. New York has strict cargo securement regulations that involve mandatory inspections, weight balancing, and different types of cargo tie-downs.
If the cargo loaders fail to exercise due caution when loading a commercial truck, cargo can fall from the truck and injure other motorists. If the cargo’s weight shifts in transit, it can also lead to rollover accidents or make it harder for the truck to stop quickly.
Maintenance Provider Negligence
Commercial vehicle maintenance providers may be liable if poor maintenance contributed to the accident. For example, if a maintenance provider doesn’t check the truck’s or bus’s brakes, it could result in a brake failure that causes a rear-end collision or pedestrian accident. Commercial vehicles have various parts that could catastrophically fail, including hydraulic systems, making proper maintenance essential for preventing crashes.
Contact Our New York Commercial Truck Accident Lawyers
If you were injured in a commercial vehicle accident in New York, contact Jaroslawicz & Jaros, PLLC, for a free consultation with a skilled truck accident lawyer. We’ll review your case and explain your options for seeking the compensation you deserve, including filing a no-fault claim with your auto insurance provider or a personal injury lawsuit against the at-fault parties.
Jaroslawicz & Jaros, PLLC,
212 227 2780
Toll free: 800 269 2780
You can also reach partner Abraham Jaros with any questions or for a free consultation:
Cell: 917 842 9544
Email: ajaros@lawjaros.com
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