Truck Accident Liability
New York Truck Crash Attorney Helping You Hold the Responsible Parties Liable
Holding the proper party responsible after a large truck crash can be more challenging than it first appears. Typically, truckers are commercial drivers, which means that their employers and other parties may share responsibility for accidents that occur while they’re on the job. Holding the proper parties responsible requires a deep understanding of state and federal trucking regulations, personal injury law, and the freight industry.
The knowledgeable truck accident attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP are well-versed in all relevant areas of law. We know how to investigate truck crashes, and we know how to hold the right parties liable in order to maximize your recovery.
Who May Be Liable After a Truck Accident?
Depending upon the circumstances of the crash, several parties may be entirely or partially liable for your injuries and other damages, including the following:
- The individual truck driver, if they do not work for a company
- The freight company, if the driver was employed
- The company that hired the freight company to conduct a delivery
- A third-party contractor who loaded or otherwise worked on the truck, if poor loading or other issues contributed to the crash
- The truck manufacturer or the manufacturer of one of the truck’s constituent parts if defective products contributed to the crash
- Government agencies if the accident was caused by poor road design or maintenance
Talk to a seasoned New York truck accident attorney to conduct an investigation into your truck crash and determine who may be held liable. Failing to identify the proper parties in a timely manner can delay recovery and may even lead to limitations on the total damages you can collect.
Holding a Trucking Company Liable After a Crash
In most cases, the party liable for a commercial truck accident will be the driver’s employer. If the truck driver is employed by a freight company, the company may be held liable under the legal concept known as “respondeat superior”–principals are liable for the conduct of their agents. So long as the driver was driving the truck on behalf of the freight company, the company can be held liable for the trucker’s actions.
Moreover, if the freight company was itself negligent and that negligence contributed to the accident, the company could be held directly liable. Depending on just how egregious or widespread the company’s misconduct was, they might even be subject to punitive damages. The employer freight company may be directly liable for the following reasons, among others:
- Failure to conduct background checks on drivers
- Failure to properly maintain the trucks in their fleet
- Failure to hire trained drivers with appropriate licenses
- Failure to train drivers on safety, equipment, and other issues
- Failure to install or maintain proper safety equipment, such as electronic logs
- Failure to enforce hours of service regulations, or deliberately encouraging drivers to ignore hours of service or other safety regulations
To ensure you recover the maximum possible compensation, you need someone in your corner who understands all of the laws, regulations, and facts involved in order to fully investigate a truck accident and identify all relevant facts. The truck accident legal team at Rusk, Wadlin, Heppner & Martuscello, LLP knows the players and we know the game. We know how to get you the compensation you and your family deserve.
Call an Experienced New York Personal Injury Lawyer for Trusted Advice and Assistance on Your Hudson Valley Truck Accident Claim
For a free consultation on your possible large truck accident claim, contact the dedicated truck accident attorneys at the New York personal injury law firm Rusk, Wadlin, Heppner & Martuscello, LLP, in Kingston at 845-331-4100 or in Marlboro at 845-236-4411.
