Do I Have a claim if I was injured driving a tractor trailer?
On many occasions, we’re called by professional drivers who have been involved in accidents while driving tractor trailers. In that circumstance, a couple of things come into play. If that driver is an employee of a business, they’re covered by worker’s compensation first and foremost, and they will provide the traditional no-fault benefits. An independent driver may or may not have trade worker’s compensation because, if the entity for which that driver works is a sole proprietorship, New York does not traditionally require them to carry comp; however, they would look to the no-fault carrier for the vehicle in which they were injured to provide those benefits.
Once the initial package of benefits that is properly available to them is established, the case is dealt with much like any other, except that truck drivers are required to do certain additional things, such as: undergo periodic inspections, keep log books, and ensure that their load is properly secured. We work to make sure our own client isn’t found to have been negligent regarding any of those issues. If our own client is the truck driver, we look into certain special factors and, even if our client was negligent, if it contributes, other drivers or people involved in the accident may also be at fault.