How a Truck Company Is Liable in an Accident
When a negligent driver causes an accident, they can be personally held liable for the resulting injuries and property damage. With truck accidents, also depending on the circumstances, the truck company can be held liable for the resulting injuries. While complicated, truck accidents can be worth a lot of money which is why you want to make sure you are working with a winning New York truck accident law firm to get the most money possible.
A Truck Company’s Liability in an Accident Caused by Their Driver
Generally, a truck company in New York can be held liable for the actions of their driver, if it is deemed that the driver was acting within the course or scope of their employment at the time of the accident. This concept of respondent superior or vicarious liability can be applicable even in cases where the truck company did not play any role in the accident.
Apart from this, there are specific acts of negligence on the truck company’s part that can cause them to be held liable for the accidents caused by their drivers.
Factors That Can Lead to a Truck Company Being Held Liable for an Accident
Lack of Proper Screening Process
Truck companies in New York are required to check the driving record of the drivers they want to hire. If a truck company fails to do so and hires a driver with a history of reckless driving or driving under the influence of alcohol, drugs, or other prohibited substances, they can be held liable for the accidents caused by the driver.
Similarly, truck companies in New York are required to hire drivers who are sufficiently experienced in driving commercial trucks. If they hire an inexperienced driver, they can be held liable for the accidents caused by the driver.
Hours of Service Violations
If a truck company forces a driver to drive for more than 11 hours without allowing them to take a break in between, they can be held liable for the accidents caused by the driver.
Lack of Maintenance
Truck companies have a duty to make sure the trucks in their fleet are roadworthy. If they fail to do preventative maintenance, it can increase the risk of a mechanical breakdown significantly. In such a scenario, they can be held liable instead of the driver who caused the accident.
Overloading or Improper Loading of Cargo
If the truck that was involved in the accident was overloaded with cargo or if the cargo was improperly loaded, the truck company can be held liable for the accident.
Experienced Truck Accident Lawyers in New York
Truck accident claims can be extremely complicated in nature and require the expertise of a seasoned personal injury lawyer. More importantly, truck companies hire the best minds in the business to defend themselves against the claims resulting from their driver’s actions. So, you should be represented by a skilled and resourceful lawyer who can stand up to them.
At the Law Offices of Michael S. Lamonsoff, we have over 100 years of combined legal experience and have handled numerous truck accident claims since our inception. Led by award-winning personal injury attorney Michael S. Lamonsoff, our team is equipped to handle even the most complicated of truck accident claims and can get results that few other firms can.
To discuss your claim with a dependable and dedicated New York truck accident lawyer, call us today at 212-962-1020 or contact us online and schedule a free consultation.