Truck Accident Lawyer
Truck accidents, some of the most devastating types of auto accidents on the road, often result from operator error or negligence at the hands of the truck driver.
And unfortunately, accidents caused by truck driver’s avoidable mistakes occur at an alarming rate. In 2014, there were nearly 12,000 crashes in New York involving large trucks, causing roughly 4,000 injuries and deaths, according to the New York Department of Motor Vehicles.
Given the massive nature of a commercial semi-truck, many victims sustain fatal or catastrophic injuries. Victims can and should hold truck carriers liable for the damage their drivers cause. For help pursuing a claim or a lawsuit after a truck accident, call the Truck Accident Lawyer at The Rybak Firm, PLLC for a free consultation: 718-307-5554.
What are some common types of truck driver negligence?
Truck drivers have a professional and legal duty to operate their rigs safely and to adhere to federal trucking regulations. When operators make unreasonable errors or break federal rules, the trucking company may be liable for the negligence.
Negligence can come in many forms. Below are some of the most common types of operator errors that contribute to trucking accidents:
- Driving more consecutive hours than the Federal Motor Carrier Safety Administration (FMCSA) allows
- Driving while tired or fatigued
- Poor driver training, inexperience, and aggressive driving
- Driving while under the influence of drugs, alcohol, or prescription medications
- Speeding or driving too fast for conditions
- Driving distractedly, e.g., texting, fumbling for an object, talking with a co-driver, daydreaming, etc.
- Failing to inspect the truck or cargo prior to a trip and at assigned intervals
- Improper securement, shoddy inspections, poor maintenance practices
Who is liable for the damages in a truck accident?
In most cases of operator error, it is the trucking company — not the driver — that will be the liable party in a truck accident. This is because of a rule referred to as respondent superior. In a nutshell, respondent superior says that employers are liable for employee’s actions; the law shields the employees from personal liability when they are acting in the course and scope of their duties.
As such, when you file a truck accident claim or file a lawsuit, the trucking company will typically be the defendant. And when the insurer or court awards you a settlement, it is the truck company’s liability insurance company that usually writes your check.
CAUTION: Truck carriers may try to skirt liability by saying that the driver who caused your accident was not an employee, but rather an independent contractor. This is one of the many common ploys they try to use to avoid financial responsibly. Make sure you secure legal representation before trying to pursue the case to preempt these kinds of problems.
Of course, in cases where the operator was not negligent, liability may fall upon a different party, such as a truck part manufacturer (if the accident was the result of a faulty part), a government entity (if the accident was the result of defective roadways), or another driver (in a multi-car auto collision).
Contact our Truck Accident Lawyer today and schedule a free consultation to discuss liability and how to best pursue your case.
Do I need to hire a personal injury attorney for my truck accident case?
With ordinary fender benders, you may not need a personal injury attorney to help you with your claim, but truck accidents are different. Truck accidents have numerous extraordinary factors that usually require legal expertise.
Knowledge of federal trucking violations, how to preserve evidence that truck companies often “lose,” and exactly what types of damages are compensable is essential to winning your case.
Having a legal professional advocating on your behalf is really the only viable way to make sure you get the full amount of money to which you are entitled.
And because of our exceptional counsel and the fact that we do not charge legal fees unless and until we secure your settlement, enlisting in the help of The Rybak Firm, PLLC., just makes sense. Our highly qualified, aggressive team is dedicated to helping truck accident victims in New York get the restitution they need and deserve when they were hurt by a trucker’s negligence.
Our experienced Personal Injury Lawyer in Brooklyn NY know the ins and outs of truck accident cases and how to maximize our client’s damage awards. Call our office at 718-307-5554 to schedule a free consultation with an experienced New York personal injury attorney today.
Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Personal Injury Attorneys are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235