Determining Liability in a Truck Accident Case

Truck accidents can have devastating consequences on the occupants of passenger cars due to the sheer size and weight of commercial vehicles. Victims of these accidents often face severe injuries, long recovery times, and significant financial burdens. In the aftermath of a truck accident, one of the most critical aspects of a personal injury case is determining liability. Understanding who is responsible for the accident can significantly impact your ability to recover the compensation you are entitled to receive.

Below we discuss important factors to know about determining liability in a truck accident case in New York. If you or a loved one has been hurt in a truck accident in Ulster County or the surrounding Hudson Valley, reach out to Rusk, Wadlin, Heppner & Martuscello, LLP, for help from a team of experienced and successful Kingston truck accident attorneys.

Key Parties That May Be Held Liable

Unlike car accidents, where the other driver is typically the one liable party, truck accidents often involve multiple potentially negligent parties, each of whom may bear some level of responsibility. For instance, the primary parties that could be held liable in a truck accident include:

1. The Truck Driver: The driver is often the first party investigated in a truck accident case. If the driver was speeding, distracted, fatigued, or under the influence of drugs or alcohol, they might be held liable for the accident.
2. The Trucking Company: Trucking companies are responsible for hiring qualified drivers, maintaining their fleet, and ensuring compliance with federal and state regulations. If the company fails in any of these duties, it may share liability for the accident.
3. The Cargo Loader: Improperly loaded cargo can cause a truck to become unstable or difficult to control. If cargo shifts or falls off the truck, leading to an accident, the party responsible for loading the truck could be held liable.
4. The Truck Manufacturer or Parts Manufacturer: If a defect in the truck or one of its parts, such as faulty brakes or tires, caused the accident, the manufacturer could be held responsible for the resulting damages.
5. Maintenance Providers: Trucks require regular maintenance to ensure they operate safely. If a maintenance provider fails to perform necessary repairs or inspections, leading to an accident, they could be held liable.

Investigating the Accident

Determining liability in a truck accident case requires a thorough investigation. This process involves gathering and analyzing various forms of evidence, including:

• Police Reports: These reports often contain critical details about the accident, including witness statements and the officer’s assessment of fault.
• Truck Driver Logs: Federal regulations require truck drivers to maintain logs of their driving hours. These logs can be crucial in determining if the driver was fatigued or violated hours-of-service regulations.
• Electronic Data Recorders (EDRs): Many commercial trucks are equipped with EDRs, also known as “black boxes.” These devices record data such as speed, braking, and other driving behaviors at the time of the accident.
• Maintenance Records: Reviewing the truck’s maintenance history can reveal whether the vehicle was properly maintained or if any known issues were not addressed.
• Witness Testimony: Eyewitness accounts can provide valuable insights into how the accident occurred and who may be at fault.
• Accident Reconstruction: In complex cases, accident reconstruction experts may be brought in to recreate the scene and provide an analysis of the factors that led to the collision.

Comparative Negligence in New York

It’s important to note that New York follows a comparative negligence rule in personal injury cases. This means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.

The Role of a Personal Injury Attorney

Truck accident cases can be highly complex, involving multiple parties and intricate legal and regulatory issues. An experienced personal injury attorney can help you navigate this process by:

• Investigating the Accident: Your attorney will gather and analyze all necessary evidence to build a strong case on your behalf.
• Identifying All Liable Parties: It’s crucial to identify all parties that may share liability to maximize your potential compensation. This includes rebutting attempts by the insurance companies to allege some amount of comparative negligence that doesn’t have a basis in fact.
• Negotiating with Insurance Companies: Trucking companies and their insurers often have significant resources to defend against claims. Your attorney can negotiate on your behalf to ensure you receive fair compensation.
• Representing You in Court: If a fair settlement cannot be reached, hiring an experienced trial lawyer will ensure that your attorney will be prepared to take your case to court to seek the compensation you deserve.

Contact Rusk, Wadlin, Heppner & Martuscello, LLP After a Truck Accident in Kingston or Ulster County

Determining liability in a truck accident case is a complex process that requires a thorough understanding of the various factors involved. If you’ve been injured in a truck accident in the Hudson Valley, it’s essential to work with a knowledgeable personal injury attorney who can guide you through the process and fight for your rights. At Rusk, Wadlin, Heppner & Martuscello, LLP, we have the experience and dedication to help you seek the compensation you deserve. Contact us today for a free consultation to discuss your case. Call 845-331-4100in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 toll-free throughout Ulster County and the Hudson Valley.