Photo by Nabeel Syed on Unsplash
Trucks are one of the many sources of transportation in New York State but are also a contributing factor to the number of motor vehicle crashes, injuries, and fatalities each year.
Fatalities in crashes involving at least one truck increased 13% from 2020 to 2021.
In 2017, out of the 37,133 fatal crashes nationally, 4,889 (13.2 percent) involved at least one truck or bus.
Additionally, 72% of people killed in large truck crashes were occupants of the other vehicle.
Unfortunately, New York is stated to be one of the top ten states for large truck and bus fatalities.
Liability in a Truck Accident
Typically, in a motor vehicle accident, there are usually two parties involved- yourself and the other driver (assuming no passengers were in the vehicles).
However, in a truck accident, this may differ.
There are three main types of truck drivers:
- Owner-operators: these truck drivers own the trucks they drive and either lease them or are independent contractors.
- Company drivers: The driver is employed by their specific company and drives the company trucks, not their own.
- Independent owner-operators: Drivers drive their own trucks but may own a small fleet.
The category of the truck helps determine who is the liable party in the truck accident.
Determining Liability
Vehicle maintenance is a critical aspect of driving a truck. Making sure your breaks are intact, no steering problems or other mechanical troubles that are eligible to cause an accident are just a few maintenance issues to be aware of.
The responsibility of maintenance on an owned or leased vehicle comes from the person or company in possession.
Truck drivers may be:
- Self-employed and drive their own trucks.
- Employed by an independent agency that leases drivers to a trucking company.
- An independent contractor hired by the trucking company.
- An employee of the trucking company.
Even if the driver may be at fault, whether that be speeding, under the influence, distracted, etc., the company who has employed that driver may be partially at fault as well.
There are certain restrictions on weight, placement, restraint, and directions on cargo load in trucks by the Federal Motor Carrier Safety Administration.
However, if there are errors on how much cargo is put on or if the balance is off, there can be severe issues when the truck begins to drive.
Common Types of Trucking Accidents
A few of the most common types of truck accidents include:
- Tire blowout accident on either the truck or the car, causing either vehicle to swerve into another lane or rollover. However, if a truck tire blows out, the debris can strike other cars on the road.
- Underride truck accidents are when a passenger car can slide underneath the truck and, depending on the height of the car and the truck, the car may be crushed.
- Hazmat truck accidents are accidents that involve hazardous materials. Hazardous materials include fuel (gasoline, diesel, propane, kerosene), fuel-powered equipment, dry ice, mercury items, refrigerant gases, oxygen tanks, etc. Cargo is classified as hazardous if they are highly flammable or can make it extremely hard to breathe if airborne. Released into the atmosphere may affect those driving and those even in nearby communities.
- Jackknife truck accidents are when the truck folds on itself at a 90-degree angle. If this happens, the truck does not have control of the vehicle and may hit another car.
- Unsecured load accidents are when the cargo on the truck is not loaded properly. If the truck gets into an accident and the truck is not loaded properly, there can be additional hazards on the road, such as the cargo entering incoming traffic. Additionally, if the truck is overloaded, the balance may be off, causing the truck to move in an unpredictable nature.
Common Damages Resulting From Truck Accidents
Truck accidents can be dangerous, especially when large trucks and cars get into an accident.
If you or a loved one has been involved in a truck accident, please seek immediate medical assistance.
Since the impact of a truck accident can be detrimental, resulting in serious and disabling injuries, there may be extreme damages.
Some damages include, but are not limited to:
- Medical expenses, whether that be doctor appointments, surgeries, medications, hospital visits, etc.
- Physical or occupational therapy
- Lost wages from work
- Price of property damage, either repair or replacement of your vehicle
- Pain and suffering, physically but mentally as well, such as PTSD and other emotional distress inflicted by the accident.
Shalom Law, PLLC, is here to fight for the compensation you deserve!
If you or are loved one is experiencing these damages from the truck accident, you need to call an experienced Personal Injury Attorney. Being involved in a truck accident is serious. You will need an attorney who knows how to utilize your medical records best to substantiate your claim for losses while navigating the evasive tactics of insurance companies. The attorneys at Shalom Law can do just that. We are prepared to fight hard for you to ensure your rights are protected and you receive the maximum compensation you deserve.
Call us today for a free consultation: (718) 917-9474.
