New York City (NYC) Truck Accident Lawyer
Accidents between trucks and smaller vehicles often leave the drivers and passengers of the other car with serious injuries. These accidents may even be fatal for many drivers and passengers hit by trucks in NYC. Holding truck drivers and trucking companies responsible for these crashes is one of the many things that our NYC truck accident lawyers do to help injury victims across the city.
Whether you were injured in a truck accident or a loved one was injured or killed, The Carrion Law Firm’s NYC truck accident lawyers can take your case and work to get you the compensation you need for your injuries. Call us today at (718) 841-0083 to set up a free legal consultation with our experienced injury lawyers.
Whom to Sue After a Truck Accident in NYC
Truck accident injury cases are often complex because there are often more than two parties involved. In most auto accident cases, the victim sues the driver who hit them, and these are the only two parties to the case (aside from insurance companies and lawyers that might represent either side). In truck accident cases, other parties may be involved, and our attorneys can help manage the case and file claims against all the right parties to get you the compensation you need.
First of all, most truck drivers can be held responsible for their actions behind the wheel. If you were involved in a truck accident, the driver of that truck will be the first person you sue. If they broke traffic laws by speeding or driving drunk, the courts can hold them liable. If they committed other mistakes like failing to adequately check their blind spots or failing to take required driver breaks, the courts can also hold them responsible.
Most trucking cases do not stop at the driver. If the truck driver was an independent driver and owned their own truck, they may not have an employer that can be held liable for their actions. However, trucking companies can often be held liable in one of three ways for what happened in their driver’s accident:
A trucking company can be held liable in their capacity as an employer the same way that any other company can he held liable for problems the people at the company cause. Since truck drivers are hired to drive for their employers, anyone who is injured by those activities can sue the trucking company for the driver’s errors or mistakes. This is the same as how you would sue a restaurant if a cook gave you food poisoning or a grocery store if a worker left a dangerous spill that caused you to fall; the company is “vicariously liable” for their employee’s negligence.
Trucking companies – as a separate entity from the driver – can also make their own mistakes that could put them at fault. If the driver was so dangerous or had a history of bad truck accidents, then it may have been negligent for the trucking company to keep them on staff. This “negligent hiring” or “negligent retention” can put a trucking company at fault. Similarly, the trucking company might have made other errors and mistakes that made the accident more likely, such as forcing a driver to take illegal overtime or overloading their truck and causing safety issues.
If the trucking company owns the truck that hit you, they could be liable for any mechanical issues. Trucking companies are legally required to service vehicles and inspect them to avoid equipment failure. Equipment failure is responsible for many accidents, from burst tires to lighting malfunctions to brake failure. If repair, service, or inspection mistakes led to your crash, the trucking company might be responsible for failing to catch those issues.
In addition to the trucking company being responsible for these kinds of issues, an outside mechanic or even the manufacturer of the vehicle part that failed could share liability. Talk to an NYC truck accident lawyer about other parties that could share fault in your case.
Holding Drivers and Trucking Companies Liable for Truck Accident Injuries in NYC
When a truck driver hits you, their trucking company will often come to their defense. This means there may be a strong legal team handling their case, whether from the trucking company itself or from the insurance company that covers them. It is important to have your own truck accident lawyer to stand up to these lawyers and get you the coverage you need.
After a crash, your insurance might help cover injuries and damages, but your needs might exceed what your insurance company can cover. The fact of the matter is that most insurance policies come with deductibles and limits that prevent you from getting full compensation, and most policies will pay nothing for pain and suffering damages. In many cases, our NYC truck accident attorneys will end up filing the case in court to claim full damages and then either settle the case or go to trial to get our clients what they deserve.
When you take your case to court, it opens additional areas of compensation. Not every case needs to go to trial, but if the insurance companies and trucking company refuse to back down and admit fault, we may need to go to trial to get the judge and jury to rule in your favor.
Call Our NYC Trucking Injury Lawyers for a Free Case Consultation for Victims
If you were the victim in a trucking accident or your loved one suffered serious injuries or death in a truck accident, call The Carrion Law Firm today. We fight for victims against trucking companies and insurance companies to get our clients the compensation they deserve. Call our NYC truck accident lawyers at (718) 841-0083 today to schedule your free legal consultation.