Truck accidents are not uncommon in New York, and unfortunately, they typically lead to serious injuries and deaths annually. But what causes them? Who can you hold liable when you sustain injuries in a truck accident?
Below are five parties that can be responsible:
1. Truck driver
A truck driver who acts negligently endangers other road users. For instance, one who speeds, tailgates, improperly changes lanes or drives while fatigued/distracted/impaired.
If a driver’s error causes an accident, they can be held responsible for the damages incurred by the involved parties. The truck owner or company can also be liable if the driver caused the accident while on the job, according to New York’s vicarious liability law.
2. Trucking company
A trucking company that acts negligently while exercising its duties may be held liable for an accident caused by its mistake. For example, when a company allows an inadequately trained driver to operate a truck, fails to properly maintain its trucks or pressures drivers to break hours-of-service rules/violate traffic rules to meet tight deadlines.
3. Truck owner
Some trucking companies lease trucks, in which case, the truck owner has certain obligations. A truck owner who is required to inspect and repair trucks regularly can be held liable for an accident stemming from inadequate maintenance, such as a brake failure, a tire blowout or a steering malfunction.
4. Cargo loader
A cargo loader who fails to observe cargo securement laws, causing shifts or spills, can be liable for an accident caused by improper loading.
5. Manufacturer
If an accident is caused by a design flaw or manufacturing defect, the manufacturer of the truck or part of the truck can be answerable.
The possibility of multiple parties being responsible for a truck accident complicates such cases. If you are injured in a truck accident, you should be adequately informed to protect your rights.