Can A Trucking Company Be Held Liable For An Accident?
Understanding the Legal Responsibility of Trucking Companies
Truck accidents account for some of the most horrific traffic accidents in New York State and throughout the country. Due to their massive size and weight, and because they have difficulty avoiding hazards, semi-trucks, 18-wheelers, and other commercial carriers frequently cause accidents that result in serious, and sometimes fatal, injuries. Rates of victims experiencing catastrophic injuries or wrongful death during a trucking accident are higher than those related to passenger vehicle accidents.
Trucking companies, as well as the truck drivers for whom they are responsible, have a legal obligation to ensure the safety of others on public roads. This obligation constitutes what is known as a “legal duty.” Simply put, trucking companies are responsible for ensuring that reasonable measures are taken to reduce the chances of an accident and to protect others from preventable accidents. If you have been injured in a truck accident, call the Law Office of Dimitrios Kourouklis, Ph.D. to learn more about your rights.
Examples of Ways That A Trucking Company Could Be Responsible For Your Accident
All too often, however, trucking companies prioritize profits over safety, thereby endangering the lives of all other drivers on the roadway. What follows are just a few ways in which trucking companies are negligent for causing truck accidents:
1. Failing to train drivers appropriately and thoroughly about the
following:
proper driving techniques
safety concerns and procedures
defensive driving tactics and skills
2. Failing to screen driver applicants by searching for a history of:
drunk driving and other alcohol or drug-related driving offenses
reckless or negligent driving convictions
3. Compensating truck drivers or by offering incentives to drivers for
delivering merchandise faster:
causing drivers to drive faster and more carelessly especially in inclement weather
encouraging drivers to continue driving, even while fatigued or drowsy
4. Creating unrealistic driving schedules and expectations:
encouraging drivers to drive without breaks or rest for long periods
encouraging reckless and careless driving
5. Failing to equip trucks with the necessary safety equipment
reflective lights
undercarriage lights
Elements of a Truck Accident Personal Injury Claim
As part of the personal injury claim process, injured victims will have the opportunity to show that a trucking company failed in some way to uphold its legal duty. How this can be done will depend on the unique facts of your case.
Examples of negligence that constitute a breach of duty by trucking companies can include:
Health and safety violations that lead to toxic exposure
Violations of federal or state trucking regulations
Overworking drivers, inadequate vehicle maintenance, etc.
Negligent hiring of unqualified truck drivers
Failure to ensure truck drivers are properly trained
By carefully reviewing all circumstances surrounding your accident, our firm can work to secure the evidence needed to prove that a breach of duty caused your accident. We leave no stone unturned when conducting truck accident investigations.
Have you Been Injured in a Truck Accident? Call the Law Office of Dimitrios Kourouklis, Ph.D
Trucking companies are held to strict standards for ensuring public safety because truck accidents can cause devastation that forever changes the lives of victims. At the Law Office of Dimitrios Kourouklis, Ph.D., our New York truck accident lawyers protect the rights of injured victims – as well as families who wish to file wrongful death claims – as we fight back against negligent trucking companies.
As truck accident cases are complex and because these powerful companies and insurance corporations do whatever they can to pay victims as little as possible, working with proven and aggressive representation is crucial. It is important to have the right attorney to represent your interests. The New York personal injury lawyers at Law Office of Dimitrios Kourouklis, Ph.D. can take on the insurance company and file the necessary claim or lawsuit against an at-fault trucking company. To schedule a free consultation and case evaluation with a New York truck accident lawyer, please call us today at (929) 400-7608, or contact us online.
