Who Is Liable for a Truck Accident in New York?

When you get in a truck accident, all the parties you can seek compensation from may not be obvious. Due to the multiple parties involved in a truck accident, your settlement could be larger than you think. However, determining the liability of multiple parties can be time-consuming. 

Our truck accident lawyers in New York can help you identify the liable parties and fight for the settlement you deserve. Our team at the Morelli Law Firm is passionate about holding negligent parties accountable. We can guide you through the legal process of building a truck accident case, even after you get your settlement.

Parties That Can Be Held Accountable in a New York Truck Accident

Multiple parties can be liable in truck accidents. This is because commercial trucks don’t function without the help of other parties. The parties that can be held responsible for a truck accident are listed below.

Truck Driver 

A truck driver is frequently the primary party at fault because of their responsibility for driving the truck. If a truck driver drives under the influence of drugs, alcohol, or any type of stimulant that causes an accident, they can be held accountable.

Also, if a truck driver engages in distracted or reckless driving like speeding or exceeding the number of hours they are supposed to drive, they can be found negligent. Any time a truck driver endangers themselves or other drivers, they can be at fault for the accident.

Trucking Company

The trucking company that manages the truck involved in the accident can also be held accountable. The company supervisors are required to hire quality drivers, properly train them, and be aware of their drivers’ wellbeing. 

If a supervisor at the trucking company violates any of these, they can be held responsible for the accident. There is an unfortunate but common practice of trucking companies forcing their drivers to exceed the hours they can legally drive to meet deadlines. In the hours of service regulations, the Department of Transportation states that commercial trucks cannot drive more than 14 hours in a row.

Cargo Company

A cargo company is responsible for loading commercial trucks with the goods they need to transport to their destination. But when the cargo company makes an error with loading the goods that lead to a truck accident, they can also be at fault. 

Some of the most common reasons cargo company workers are held responsible for trucking accidents are goods flying out the back of the truck due to loose loading, loading hazardous or illegal substances, and trucks tipping over on the roads due to overloading. If any of these things occurred in your truck accident, you may be able to recover compensation from the cargo company.

Truck Manufacturer 

The manufacturer of the truck can also be liable for a truck accident. Truck manufacturers are responsible for ensuring that all parts they send to trucking companies meet their standards. And if they don’t and there is a defective part, the company is obligated to issue a recall to prevent accidents. 

Unfortunately, truck manufacturers don’t always catch defective parts until it’s too late. If this happens and leads to an accident, the manufacturing company can be liable for the truck accident. 

Mechanic of the Truck

The mechanic who worked on the truck is the final party that can be held liable for the truck accident. Truck mechanics, whether in the company or outside, should perform thorough inspections of the truck before and after and provide any maintenance if needed. 

If a truck mechanic fails to do this and it results in an accident, you can hold them accountable for any injuries you have. In addition, you will likely be able to hold other parties accountable since this is a deep-rooted issue that the trucking company missed.

New York’s Statute of Limitations

After you get into a truck accident, the state of New York gives you three years from the day of your accident to file a claim against the negligent parties. It’s best to file your claim early because the aftermath of an accident can go by quickly with all the things you have to do. 

Another benefit of filing early is that you have a higher chance of winning your full settlement and your case overall. While the statute of limitations is three years, it’s best to meet with a New York truck accident attorney that can tell you exactly how much time you have. 

Benefits of Hiring a New York Truck Accident Attorney 

After a truck crash, there’s a high chance that you are stressed out, so you may not know what to do next. This is where a lawyer can help you navigate the legal process. One of the first things a lawyer will help you with is gathering evidence such as medical records, the truck accident report, the truck driver’s driving log, and even the data from their truck.

After you and your attorney have gathered the evidence you need to start building a case, your New York truck accident attorney can calculate the damages you may be eligible for after your accident. In a truck accident, you can recover damages such as medical bills, in-home care services, pain and suffering, transportation costs for doctor appointments, and many more. Your lawyer can help determine what damages you are eligible to receive based on your case. 

Then, when it’s time for you to talk to the insurance company, your lawyer can accompany you and help defend your case’s value. Insurance companies are known for trying to talk you out of the settlement you deserve. An experienced truck accident lawyer can ensure that you get every penny of your settlement. 

Contact a Truck Accident Lawyer in New York at the Morelli Law Firm

If you were in a truck accident in New York and you were injured, our team of compassionate truck accident attorneys at the Morelli Law Firm can help you determine the liable parties in your accident. We’ll make sure that you get the settlement you need to recover. 

If you’re ready to seek compensation from the liable parties in your truck accident, we’re ready to meet you. Give us a call or fill out the form on our website to start your free case evaluation today.