Rosebank Truck Accident Lawyer
Truck accidents can cause absolute devastation when 18-wheelers strike smaller passenger cars and SUVs. These crashes are often caused by negligent drivers, dangerous vehicles, and careless trucking companies, and our attorneys can help victims get justice for these kinds of mistakes and errors.
Whether you are suing the trucker directly or a trucking company that hired them, our lawyers can take your case even against the biggest companies and strongest legal teams. We will work to prove they were at fault for the crash, find every dollar of damages you are owed, and take your case all the way to trial if we need to to get you the damages you deserve.
Call The Carrion Law Firm today at (718) 841-0083 for a free case evaluation with our Staten Island truck accident attorneys.
Common Causes of Rosebank Trucking Accidents
Truck accidents – by which we mean a crash involving at least one 18-wheeler or large commercial truck – are not always caused by the trucker or trucking company. However, there is so much that can go wrong with trucking that they are often the ones to end up liable for these accidents. The following are some of the most common causes of accidents, including causes that can be laid at the feet of truckers, trucking companies, and other parties:
Improper Lookout and Failing to Check Blind Spots
Truck drivers drive huge vehicles, and a lot of the vehicle gets in the way of what they can see out the window. Mirrors and cameras are often used to close some of their blind spots, but drivers still often need to make an active effort to look out the window, move to check their blind spots in their mirrors, and to proactively plan for lane changes and merges by watching for cars entering and exiting their blind spots.
Distractions
All drivers are prone to distractions, but truck drivers often spend hours upon hours on the road, and their attention might drift. Especially if they are playing fast and loose with rules surrounding cell phone use or trying to change their music while driving, they could easily cover the length of a football field in just a few seconds at highway speed, missing everything happening in front of them by simply looking away. In these instances, crashes can happen, and they are often worse because the driver failed to brake until it was too late.
Equipment Issues
One of the biggest issues with trucks is often improper maintenance or upkeep resulting in broken or defective equipment. These mistakes often involve broken lights that make it harder to see the truck, tire issues that make blowouts and shedding tires more common, and even mechanical issues that jeopardize the trucker’s ability to brake or steer. These accidents are most commonly blamed on the trucking company, as they often own the truck and are therefore responsible for its upkeep. However, when drivers are independent owner-operators, the fault could lie with them or the maintenance professionals they trusted to keep their truck in working order.
Hours of Service Violations and Tired Driving
Truckers are required to follow federal rules about how long they can stay on the road and how long they can drive without breaks and off-duty time. These rules are quite flexible, allowing truckers long drives in one day. The goal of these regulations is to prevent tired driving, but tired driving can occur anyway, even while following the regulations. However, when truckers violate regulations and cause crashes or when their employers force them to drive beyond regulated hours, crashes are potentially even more likely.
Drunk Driving
Truckers have a lower BAC limit for drunk driving when they have a CDL (commercial driver’s license). Even so, drivers often turn to drugs and alcohol to stay awake on long drives or to keep themselves occupied. This is patently dangerous even if it were not a flagrant violation of the law, and drunk and drugged drivers can virtually always be held liable for crashes.
Keep in mind that crashes are not always caused by the trucker. If another drunk driver cut across a truck’s path, they could potentially cause a multi-car pileup in which the trucker and you were both victims.
Other Violations
Speeding, failing to use your turn signal, and tailgating are all other traffic violations that can easily cause a crash. Whether the driver who caused the accident was the truck driver or another driver who swept you and the truck into their path of destruction, this is a common cause of accidents.
Getting Damages from Truckers and Trucking Companies for Crashes in Rosebank
When a driver hits you, they are usually the ones responsible for the crash. If you meet the serious injury threshold in your case – more on that in a moment – then you can sue them and get your damages compensated. In trucking accidents, the truck driver is often at fault, but you can potentially sue other drivers on the road for their share of damages as well. However, truckers who work for trucking companies often do not pay for damages themselves; their employer is liable on their behalf. Trucking companies can also be held liable independent of the driver for their own mistakes.
When you are involved in a crash in New York, you have to file with your own insurance instead of the at-fault driver’s insurance unless you meet the “serious injury threshold.” This is met in any case with permanent injuries, disabilities lasting at least 90 days of the following 180, loss of a fetus, broken bones, or massive scarring/disfigurement. Once this is met, you can sue other at-fault parties or file insurance claims against them for damages.
The party you choose to sue must be one that was actually liable for the crash by committing a traffic violation, violating a regulation, or otherwise acting unreasonably. When it comes to truckers and other drivers, their mistakes are usually explicit traffic violations like those discussed above. Otherwise, the trucking company can be held liable for its own regulatory violations, negligent truck maintenance, and other issues.
In cases where a trucker caused a crash through negligence while working within the scope of their job duties with a trucking company, the company can also be held liable instead of the driver.
Call Our Truck Accident Lawyers in Rosebank Today
Call our truck accident attorneys at The Carrion Law Firm for a free case review by dialing (718) 841-0083.