Truck Accidents

Who is Potentially Liable?

Under the concept of vicarious liability, other parties than the driver may be held responsible for the accident that caused your injuries. Most accidents are caused by driver fatigue, distracted driving, alcohol or drug use, or simply speeding, but factors beyond driver error may be involved, meaning other persons and entities may also be liable. 

To establish liability beyond the driver, you must first determine the category of the driver, of which there are three:

• Owner-operators who own their trucks and either operate them as independent contractors or lease them to a trucking company.
• Company drivers who are employees and drive for a trucking company that owns the vehicle.
• Independent owner-operators who drive their own trucks for their own company.

Establishing the category of the driver is important for determining who is responsible for the maintenance of the vehicle. If the truck accident involved issues of poor maintenance, then a lawsuit could potentially be filed against the person or company responsible for the maintenance. You will no doubt need the services of a personal injury attorney to research ownership and establish who was responsible for maintenance. 

Liability also may be attributed to the manufacturer of the truck if the accident is the result of faulty brakes or other mechanical malfunctions. 

Those who load the cargo, if the cargo is at all responsible for the injuries suffered in the accident, may also be liable. Even if the accident is due to driver error, the parent company could also be responsible if they forced the driver to operate the vehicle for too many hours or to go too long without sleep or rest stops.

Pure Comparative Negligence

Another factor to consider in a personal injury lawsuit is the concept of pure comparative negligence that New York law recognizes. Under pure comparative negligence, a jury will be asked to decide the percentage of fault of both the plaintiff and defendant. If you as the plaintiff sue the driver for $100,000 in damages, and the jury finds you to have been 20% at fault, then your reward would be reduced by that percentage to $80,000. 

Since New York is a “pure” rather than “modified” comparative negligence state, you can still collect damages if you’re found to be more than 50% at fault, but you would then be responsible for the remaining percentage. If you’re found, for example, to have been 90% at fault for the accident, you could still collect 10%, but you would then be on the hook for the other 90%, and the other driver could sue you.

What to Do When an Accident Occurs

When you are involved in an accident, your first concern must be the safety of you and your passengers. Pull the car over to the side of the road, if possible, to avoid being in further harm’s way. 

New York law requires you to report any accident that results in injury to law enforcement. If anyone’s injuries need immediate assistance, request medical help while making your 911 call to the police. If the injuries can wait, make sure that the injured parties are examined as soon as possible. Seek medical attention even if your injuries seem minor. Injuries can get worse with time. You’ll also need proper medical documentation for filing your insurance claim and later if a lawsuit ensues. 

While at the scene, use your cell phone to take pictures of everything possible, even road signs that may show your location or possible violations of traffic laws. If there are witnesses, get their statements and contact information, if you can. And of course, obtain detailed driver and insurance company information. When the police finish their investigation, request a copy. In short, document everything. 

Though the statute of limitations for filing a personal injury claim is three years, insurance companies expect to be notified as soon as practicable. After you’ve reported the accident to your insurance company, allow your personal injury attorney to carry out all further negotiations. Don’t go it alone. Insurance adjusters are notorious for low-balling or denying claims in any way they can.