If you were involved in a truck accident in New York, and you believe that the accident was caused by someone else’s negligence, you may be able to file a lawsuit to seek compensation for your damages. Some common types of damages that can be recovered in a truck accident lawsuit include medical expenses, lost wages, and pain and suffering.
What Causes Trucking Accidents?
There are a number of factors that can contribute to trucking accidents, including:
- Driver fatigue: Long hours on the road, tight delivery schedules, and lack of proper rest can lead to driver fatigue, which can impair judgment and reaction time.
- Distracted driving: Truck drivers may be distracted by texting, using a mobile phone, eating, or adjusting the radio while driving, which can increase the risk of an accident.
- Improper training or licensing: Truck drivers may not have the proper training or licensing to operate a commercial vehicle, which can increase the risk of an accident.
- Poor vehicle maintenance: Trucks that are not properly maintained may have mechanical problems that can lead to an accident.
- Reckless or aggressive driving: Truck drivers may engage in reckless or aggressive driving behaviors, such as tailgating, speeding, or making improper lane changes, which can increase the risk of an accident.
- Weather conditions: Poor weather conditions such as heavy rain, snow, or fog can make it difficult for truck drivers to see the road and can increase the risk of an accident.
- Road conditions: Poor road conditions, such as potholes, construction, or debris, also can increase the risk of an accident for truck drivers.
- Overloading: Trucks that are overloaded or improperly loaded can be difficult to control and can increase the risk of an accident.
- Substance abuse: Truck drivers who use drugs or alcohol while driving can be impaired and increase the risk of an accident.
Truck accidents can have severe consequences and can cause injuries and fatalities, so it’s important to address these causes to reduce the risk of accidents.
Who Is Responsible if a Truck Driver Causes an Accident?
In New York, the liability for a commercial truck accident can depend on the specific circumstances of the accident. In general, the trucking company and the truck driver can be held liable for any damages or injuries caused by the accident. The trucking company can be held liable for any negligent actions on the part of the driver, such as its failing to properly train or supervise the driver, or for any problems with the truck itself, such as poor maintenance or overloaded cargo.
Other parties also may be held liable in certain situations. For example, if the accident was caused by a defect in the truck’s design or manufacturing, the manufacturer of the truck or its parts may be held liable. If the accident was caused by another vehicle, the driver of that vehicle may also be held liable.
Additionally, in New York, employers are held liable for the negligent actions of their employees while they are working. Therefore, in the case of trucking accidents, the employer trucking company generally will be held liable for the actions of the truck driver.
What Types of Injuries to People Hit by Trucks Experience?
When a person is hit by a truck, the injuries can be severe and life-threatening. Some common types of injuries that people can sustain in a truck accident include:
- Head injuries: Traumatic brain injuries (TBI) can occur from a blow to the head or from the force of the impact. Symptoms can range from mild to severe and can include headaches, confusion, memory loss, and difficulty with coordination and balance.
- Spinal cord injuries: The force of a truck accident can cause damage to the spinal cord, resulting in partial or complete paralysis.
- Internal injuries: The impact of a truck collision can cause damage to internal organs, such as the lungs, liver, or spleen. These injuries can be life-threatening if not treated immediately.
- Fractures: The force of the impact can cause broken bones, including broken arms, legs, and ribs.
- Amputations: In some cases, the impact of a truck collision can be severe enough to cause the amputation of a limb.
- Burns: Some truck accidents also can cause burns from explosions or fires.
- Soft tissue injuries: Whiplash, strains and sprains, bruises and contusions are some common injuries caused by a truck accident.
- Psychological injuries: People also can get psychological injuries after a truck accident, including post-traumatic stress disorder (PTSD), depression, and anxiety.
It’s important to note that the severity of the injuries depends on the speed of the truck, the angle of impact, the size of the truck, and other factors. Injuries can range from minor to fatal, and prompt medical attention is crucial in any truck accident to prevent further damage and to give the best chance of recovery.
Can I Bring a Lawsuit if I Am Injured by a Truck?
Yes. There are important and complex issues that need to be evaluated related to how the accident happened, who may be at fault, and what deadlines exist to bring a claim. Each case is unique, and liability can be complicated. An investigation usually is needed to determine the cause of the accident and the parties liable for it. An experienced attorney can help determine liability and pursue compensation for the damages and injuries caused by the accident.
In New York, you have a limited time in which to file a lawsuit, known as the statute of limitations. Calculating statute of limitations dates can be very confusing, and an error in evaluating the date, defendant, and type of claim can be critical, so you need to talk to an experienced attorney as soon as possible after suffering an injury.
It would be best to consult with an experienced personal injury attorney who can evaluate your case and advise you on your legal options. They can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
The personal injury attorneys at The Coppola Firm have decades of experience representing people who have been injured. We are conveniently located in suburban Amherst, New York, with a ground floor office, close, free parking, and easy office access. Our lawyers will come to meet you at your home, office, or hospital, or via call or videoconference to minimize your need to travel, if you like. The lawyers at The Coppola Firm represent people across the State of New York. Speak to a Buffalo truck accident attorney about your case today by calling (716) 839-9700 or by filling out the online contact form.
