Tractor-trailer or ‘big rig’ drivers are presented with more challenges than drivers of regular cars, SUVs, or vans. These challenges include limitations on sight, transporting hazardous materials, driving a vehicle that weighs a ton or more, and much more. Despite these challenges, an accident involving a truck can be caused by the truck driver, a malfunctioning part or poor maintenance of the truck.
Truck accidents caused by commercial truck drivers often happen because of the following circumstances:
- The driver has not taken the required breaks and is too tired to drive
- The driver was speeding
- A part of the truck malfunctioned
- The load was not secured properly
- The driver was not trained properly
Possible Defendants in a Truck Accident Case
If you were injured in a truck accident, you will want to know the possible defendants who can be named in the claim that you file. These include any of the following:
- A contractor
- The trucking company
- The truck driver
- The employer of the truck driver
- The insurance company
- The company that shipped the cargo
- The manufacturer of the truck or the cargo
Establishing Liability in a Truck Accident
One of the most difficult aspects of filing a claim for a truck accident is establishing liability. Was the truck driver completely responsible for the crash? Did the person who loaded the driver’s truck fail to secure the load? Defendants can share in the liability.
When and Why You Should Contact a Truck Accident Attorney
An accident involving a truck is much different and much more complex than an accident involving two passenger vehicles. There are so many moving pieces and possible defendants who can be involved in a truck accident claim that you should speak to an attorney as soon as possible. It is possible that a trucking company has enough money to try and make the claim disappear, meaning you will be offered a lowball settlement almost immediately. Do not accept such an offer as you likely can obtain higher compensation with the help of an attorney.
At the same time, the insurance company for the truck driver or your own insurance company will not be keen on paying out a large chunk of money. Insurance companies, even your own, want to pay as little as possible for any claim filed. Insurance adjusters also aren’t allowed to give legal advice. That’s why it’s dully important to secure legal advice from an experienced truck accident attorney in New York.
An experienced attorney can explain what damages you can claim in such an accident, including lost wages, pain and suffering, medical expenses, property damage, and much more. When you consult with an attorney you will receive an honest evaluation of your case so you know whether or not moving forward with a claim is in your best interest.
Contact a New York City Personal Injury Lawyer to Discuss Your Truck Accident Case in New York
Did you or a loved one sustain serious injuries due to a truck accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Proner & Proner represent clients injured because of truck accidents in Queens, the Bronx, Manhattan, Brooklyn, and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 in New York, NY 10165 as well as offices in Queens, Brooklyn, the Bronx, and Bethel, Connecticut.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.