If you drive on a consistent basis across New York state, you may eventually be involved in an accident. If you travel on highways regularly, then there's a chance you may get into a truck accident.
If a trucking company's driver causes an accident, you may be able to sue them, but you will need to prove that your injuries are "serious" under state law. When a truck driver makes a mistake while operating a truck, the accident may solely be his or her fault.
Other times, an accident may be the fault of the truck driver's company, due to something related to truck maintenance or repairs. In some situations, a crash may be the fault of the company that loaded the cargo on the trailer.
Have you been involved in an accident with a truck driver in New York? Were you injured? Have questions? We recommend that you call the NY truck accident lawyers at Brandon J. Broderick, Attorney At Law. We can help determine the next steps in your case.
Accidents In Which the Truck Company Is Liable
The driver who caused the car accident is typically liable for it, and following the collision, the accident victim typically files a claim for damages. But, it is possible that even people not directly involved in the accident could be partially or completely at fault when a commercial truck strikes your vehicle and causes injuries.
It's possible that the truck driver operated the vehicle safely, but that someone else made a mistake. Below are some common reasons why the trucking company is at fault.
Company Uses Illegal Driver
It may be evidence of negligence on the part of the trucking company if the truck driver was recruited despite not having a current commercial driver's license (CDL), making them unqualified to drive a truck.
Missed Truck Maintenance
The truck owner is responsible for ensuring that the vehicle receives the necessary maintenance and repairs. If the truck has known mechanical problems that are not fixed or are not repaired properly, the trucking company may be held accountable if these mistakes directly lead to a mechanical failure that causes your accident.
Failing To Load Cargo Properly
If the company loading the truck's trailer with freight makes a mistake, it may overload the trailer, endangering the driver and other drivers on the road. If the company loads the cargo unevenly, the cargo may shift while the vehicle is in motion, which could result in the driver losing control.
Only Those With "Serious" Injuries Can File A Lawsuit
A handful of states, including New York, have a no-fault system for auto insurance. No-fault laws prohibit drivers who are involved in collisions from suing or being sued unless their injuries can be deemed "serious" by the law. The definition of what injuries qualify to seek compensation for damages is defined by New York Insurance Law § 5102 (d).
90/180 Day Rule
The 90/180 day rule is one guideline to determine if an injury is considered serious. This rule will permit those who have been harmed to launch a lawsuit, if:
A non-permanent injury or impairment that, according to a medical determination, prevents the victim from engaging in nearly all of the significant activities that make up their regular and expected daily activities for at least 90 days in the 180 days that immediately follow the injury or impairment.
This enables accident victims who can provide medical documentation proving they were unable to live normally for at least three of the first six months following an injury to file a lawsuit. In order to demonstrate how they were hindered from, for example, going to work, or walking or moving properly, victims would need to provide records from doctors who examined them after an accident. This can only be demonstrated with medical proof.
Medical evaluations completed months or a year after the accident itself will not help prove a case for "serious" injury.
A knowledgeable truck accident lawyer can assist you in assembling the proof you need to win your case, such as the outcomes of an MRI, CT scan, or evaluation from a medical professional.
A Truck Accident Leave You Injured?
You need an experienced New York truck accident lawyer on your side if you or a loved one were hurt in a trucking accident. Brandon J. Broderick, Attorney at Law, is familiar with the truck accident claims process and is happy to assist you in filing yours.
Contact our office today to schedule a consultation.