Liability for New York Truck Accidents
by King Law
Truck accidents are among the most devastating, catastrophic incidents that occur on New York roadways, and statistics indicate that they are unfortunately quite common. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are more than 8,800 collisions involving semis, tractor-trailers, 18-wheelers, and other big rigs in the state every year. These truck accidents cause around 120 fatalities and 6,300 injuries to victims, leading to devastating losses.
New York laws provide you with legal remedies if you were involved in a truck crash and, fortunately, there are multiple theories of liability to pursue. Liability refers to legal accountability, so there are elements you must prove to recover compensation. A Rochester, NY truck accidents attorney will advise you on options and guide you through the process, but some information on liability in truck collisions is useful.
How Liability Works in Truck Collision Claims
Your legal remedies in a truck crash case will vary according to the circumstances, but you may have grounds to pursue different parties under the following liability principles:
Negligence: The most common approach to truck accident claims is negligence, in which you must prove that the responsible party breached the legal duty to exercise reasonable care. Besides the truck driver, you might seek damages from entities involved with repairs, maintenance, loading cargo, training employees, and other trucking tasks.
Vicarious Liability: Under this theory, an employer can be held responsible for the negligent acts of an employee who was working within the scope of employment at the time of the truck collision.
Strict Liability: If a defective truck part was the reason for the truck accident, you could file a claim with the manufacturer. In such a case, you do not need to prove fault. However, you do need to show that the part was flawed and it was the direct cause of the collision.
Compensation for Victims of New York Truck Accidents
The point of compensation is to cover the losses of victims, which can be devastating after a truck crash. Due to the size differential between vehicles, it is the occupants of the auto that can sustain catastrophic injuries, long-term medical complications, and permanent disability. Under the theories of liability described above, you may be entitled to recover amounts for:
- Costs of medical treatment, including surgery, emergency care, hospitalization, and pain medications;
Lost wages, if you were unable to work because of your injuries;
Pain and suffering;
Scarring and disfigurement; and,
Other losses that impact your quality of life.
Reach Out to a Rochester, NY Truck Accidents Lawyer to Learn More
If you were hurt or lost a loved one in a truck crash, it is critical to retain legal representation right away. Robert King at King Law has extensive experience pursuing at-fault parties under various theories of liability, so we are ready to serve your needs. Please contact us today to schedule a case evaluation with a New York truck accidents attorney. You can reach our firm by calling (585) 270-8882 or checking us out online.