The Role of Trucking Company Negligence in Westchester County Accident Claims

Who is Liable in a Commercial Truck Accident?

Those who have been in motor vehicle accidents involving 18-wheelers and other types of large commercial trucks are often left scrambling, not knowing what to do in the aftermath of these traumatic incidents. Oftentimes, it is necessary to retain the professional legal representation of experienced personal injury attorneys who are well-versed in tackling trucking accident claims. Accidents involving commercial vehicles are often more legally complex than most other types of motor vehicle accidents, because of the amount of money at play and the potential for multiple negligent parties who could be held liable for damages.

The liable parties in a truck accident case could include the following:

• Depending on the actions of the commercial truck driver, they may be held negligent and be on the hook for damages. Truck driver negligence may include speeding, texting while driving, distracted driving, road rage, and other forms of driver misconduct that contribute to the cause of accidents
• Truck manufacturers can be held accountable for their part in a truck collision if defective parts or malfunctioning equipment contributed to the cause of the accident
• Cargo loading companies may be held liable for damages if they improperly load the commercial truck or otherwise overload it
• Government entities may be held liable if they failed to properly maintain roads or design roads in such a way that rendered them unsafe for commercial traffic
• And, in some cases, the truck companies can be held liable for negligence if they fail to enforce safety regulations, adequately maintain their truck fleet, fail to screen or train their truck drivers correctly, and more

What is Trucking Company Negligence? 

Commercial trucking companies are ethically and legally obligated to protect their drivers and everyone sharing the roads with their fleet by maintaining safe trucking operations. Negligence may occur when a truck company breaches its duty of care to prevent harm from befalling its drivers and other motorists.

To prove a trucking company’s negligence, your personal injury lawyers must typically prove the following elements:

• There was a legal obligation and duty of care to maintain vehicles properly, employ qualified drivers, and ensure the safety of others on the roads
• The truck companies failed to meet these legal obligations in an act of negligence
• As a result of this breach of this duty of care, an accident occurred which led to serious injuries
• Truck accident victims suffered measurable losses, such as lost income, emotional or physical pain and suffering, and medical expenses 

Our New York law firm has extensive experience representing clients in various personal injury accidents, including those involving commercial vehicles. To learn more about how we can provide valuable legal assistance during this challenging time, please contact our office to schedule your initial consultation today.

What Are Different Examples of Commercial Truck Company Negligence?

Commercial trucking companies must uphold safety standards and comply with regulations to safeguard their employees and the public. However, these are large operations, and sometimes mistakes happen. In other cases, truck companies may intentionally flaunt the rules in pursuit of higher profits and faster results instead of prioritizing safety.

Examples of trucking company negligence may include the following:

• Inadequate vehicle maintenance can cause accidents, which is an example of negligence. Semi-trucks and other commercial vehicles require regular inspections and maintenance. Failure to conduct routine maintenance and make prompt repairs could be considered negligence
• Negligent hiring practices, such as failure to provide careful screenings and background checks, employing truck drivers without the necessary qualifications, experience, or clean driving history
• Proper loading and securing cargo in the back of a commercial vehicle is essential. Failure to do so increases the likelihood of accidents and may be considered negligence
• Substandard driver training or a failure to provide sufficient training can result in truck drivers breaking critical safety measures, driving in adverse conditions, or not complying with strict regulations
• Violating hours of service rules, which are meant to limit the number of consecutive hours that commercial drivers can operate before taking breaks to save themselves from drowsy driving and driver fatigue. Some truck companies push their drivers to exceed these limits to meet quotas and deadlines, which can increase the risk of accidents occurring
• Other violations of safety regulations can also constitute negligence

What Regulations Govern Commercial Truck Companies in New York? 

Commercial trucking companies are subject to federal and state regulations designed to promote safety for truck drivers and other motorists. Agencies, including the Federal Motor Carrier Safety Administration and the New York Department of Transportation, enforce trucking regulations.

The key regulations that apply to trucking companies include the following:

• Driver qualification standards, which include the necessity for truck drivers to have valid commercial driver’s licenses and meet specific training and medical requirements
• Hours of service rules, which limit the number of hours that truck drivers can consecutively be behind the wheel of their vehicles
• Maintenance and inspection requirements, which are meant to ensure that big rigs and other commercial trucks are roadworthy
• Weight and load limits, which are meant to prevent dangerous shifts of cargo and prevent rollovers and spills

When truck companies and other trucking employees violate these and other regulations, there may be harsh consequences in store.

Can New York Truck Accident Attorneys Help You Seek Justice and Fair Compensation? 

Filing a personal injury lawsuit against a powerful trucking company can be a challenging endeavor, especially without professional legal counsel in your corner. Truck companies are wealthy corporations backed up by teams of lawyers and complex insurance company policies. To maximize your total compensation, it is highly recommended that you work with experienced truck accident lawyers.

Potential financial recovery may include the following:

• Past medical bills and future medical expenses, including compensation for emergency room care, hospital stays, necessary surgeries, prescription medication, and ongoing physical therapy
• Non-economic damages to help compensate for mental anguish, emotional distress, chronic physical pain, and diminished quality of life
• Compensation for workplace income lost due to your inability to return to work during your recovery from your injuries, as well as a settlement for lost earning capacity if you suffered permanent injuries
• Reimbursement for property damage, vehicle repairs, and replacements of property damaged in the truck crash
• Wrongful death damages, which can include lost income, lost benefits, loss of companionship or consortium, and compensation for burial, funeral, and memorial expenses

Contact Our Westchester County Law Firm to Speak with Our Experienced Truck Accident Lawyers About Your Case Today

If you or a family member has been in a devastating truck accident, you must seek professional legal assistance from experienced attorneys well-versed in handling such legal matters. Our law firm is dedicated to serving personal injury victims in Westchester County, NY, and we would be proud to represent your interests in the pursuit of justice and fair financial recovery.

Proving trucking company negligence can be a complex requirement, and claimants seeking settlements may face complicated legal processes. Our legal team will help you gather evidence to strengthen your claim and represent your interests in and out of court in pursuit of the most favorable outcome.

To learn more about the benefits of retaining our legal services, please get in touch with our law office to schedule an in-depth case evaluation today. You can reach us at  914-344-5145.