December 17, 2020

Who Is Financially Liable for a NYC Truck Accident?

Posted in Truck Accidents

When there’s an auto accident, sometimes it’s easy to determine who is at fault and pursue the proper party for compensation for your injuries. But other times, like when a large truck is involved, you may wonder who is financially liable.

Understand that when you’re in an accident with a truck, you may be contacted early on and discouraged to pursue your claim for a quick settlement. Don’t let someone talk you out of pursuing your rights to full and fair compensation.

Talk to the truck accident lawyers at Hecht, Kleeger & Damashek, P.C. before making any decisions. Our experienced New York City personal injury attorneys understand all the issues related to pursuing your claim, including liability questions.

Contact us for a free case review by calling (212) 490-5700 or using the online form.

Who Is Liable for Damages in a Truck Accident?

Every year New York City has around 17,350 large truck accidents, according to government traffic statistics. Unsurprisingly, 80% of those accidents occur in Manhattan, Brooklyn, and Queens, which has the highest congestion and number of businesses.

With around 47 accidents a day occurring, there is a good chance that you or a loved one might be injured or killed in a commercial vehicle accident. Naturally, the driver of the large truck (typically through an insurance company) would be a source to pay for your damages, but who else? It may surprise you to learn there are several other potential parties who could be on the hook.

Our truck accident attorneys will work with you to uncover all the facts about the accident so they know if other parties could be held liable for it. They also may learn during their investigation that the other driver has suggested additional parties who might be at fault as well.

With a thorough investigation, it might be discovered that one or several parties are to blame:

• The truck operator – obviously, the person driving typically bears some if not all the responsibility
• The truck driver’s employer – when someone has an accident while working and in the scope of their employment the company can be held responsible
• Repair and Maintenance services – negligent repair or maintenance that contributed to an accident may put those responsible for it on the hook
• Truck and parts manufactures – parts and tires could have been defective and led to the crash
• Cargo owners/loaders – unsafe cargo or improperly loaded goods might have led to the accident by falling from the truck, shifting, or spilling
• Third party drivers – another driver may have caused a chain reaction leading to the collision

By determining who is at fault, our personal injury lawyers can pursue the compensation you are due for medical bills, lost wages, disability, and pain and suffering. We will fight to settle the matter to avoid litigation, but if we must, we will go to trial to make sure your rights are protected.

Proving Liability in Truck Accidents

To recover damages in a personal injury case related to a truck accident, you must show that:

• you were owed a duty of care
• the other driver(s) were required to provide a duty of care
• negligence by other driver(s) caused the accident
• you were injured due to the accident

If unable to determine the negligent party, the claim for damages will not be successful. Our highly skilled truck accident lawyers know how to conduct investigations that uncover liable parties. It’s especially necessary in truck accidents because injuries are likely more serious requiring thousands of dollars in compensation.

Holding Independent Contractors Liable after a Truck Crash

In the recent past, trucking companies would hire drivers as “independent contractors” to skirt liability under the legal doctrine of respondeat superior if there were accidents. Respondeat superior means that the employer is responsible for the negligent actions of the employee while on the job. By using independent contractors, trucking companies denied liability for accidents.

Federal law no longer allows this shield. In response to the independent contractor defense raised by companies, the Federal Motor Carrier Safety Regulations removed the distinction between an employee and an independent contractor. If a truck driver is negligent, the liability can be traced to the company that hired him. This law preempts New York state laws that might say otherwise.

The defense is not available for cities either. If the vehicle is city owned, it doesn’t matter if the driver is an employee of a private company or classified as an independent contractor. But there can be special rules around naming a government entity in a legal claim. That is why it is important to let us handle your case so that you don’t inadvertently undermine your right to compensation.

Injured in an Accident with a City-owned Truck? We Can Help

If you’ve been hurt in an accident with a city-owned truck, the last thing you need to worry with is discovering who is liable for your injuries. Let us handle your legal claim to secure the compensation you deserve while you concentrate on healing. We have a track record of success in these actions and if we don’t win, you don’t owe us a thing.

Get your free case consultation today by calling (212) 490-5700 or use our online form.