When you’re involved in a trucking accident in New York, the aftermath can be overwhelming. Understanding what trucking company negligence means and how it affects your case can make a huge difference in the compensation you might be entitled to. Trucking accidents are serious, and the consequences can be life-altering. Let’s break down the basics of trucking company negligence and how it could impact your situation.
What is Trucking Company Negligence?
Trucking company negligence refers to situations where a trucking company’s actions, or lack thereof, contribute to an accident. The company could be negligent in many ways. They may have failed to maintain their vehicles properly, hired unqualified drivers, or neglected to follow safety regulations. Essentially, negligence occurs when the company doesn’t take the necessary precautions to prevent accidents or minimize risks. These are the companies that put profits over safety, and they can be held responsible when something goes wrong.
For instance, a trucking company may fail to regularly inspect their vehicles, resulting in a malfunction that causes an accident. Or they may push their drivers to meet tight deadlines without considering the safety risks of driving for long hours. This type of negligence can directly lead to dangerous accidents that could have been avoided with proper care and oversight.
The Role of the Truck Driver and the Company
When it comes to trucking accidents, both the driver and the company are typically involved. A driver might be responsible for speeding, driving under the influence, or not following traffic laws. But the company could still be liable if they encouraged unsafe driving or failed to enforce safety standards.
For example, a trucking company might instruct a driver to take unsafe routes or to work beyond the legal driving hours to meet delivery deadlines. In such cases, even if the driver is technically at fault for the accident, the company may still share responsibility due to their role in pushing unsafe practices.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Robert J.
Maranto, III
Attorney
Thanon
Rezvi
Attorney
Common Forms of Negligence by Trucking Companies
There are a few common ways trucking companies might be negligent. One of the most significant is poor maintenance of trucks. Trucking companies are required by law to maintain their fleet and make necessary repairs to ensure the vehicles are safe to operate. If they fail to regularly inspect their trucks or fix mechanical issues, they can be held liable for any accidents that result from faulty equipment.
Another form of negligence is when companies hire inexperienced or unqualified drivers. Trucking companies must ensure their drivers are qualified, trained, and hold the appropriate licenses. If they hire drivers without the proper training, or who have a history of accidents, the company could be deemed negligent.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Failure to follow safety regulations also plays a key role in trucking company negligence. New York, like the rest of the country, has strict regulations for truck drivers. These include rules about how long a driver can operate a truck without rest, the maximum weight of a load, and how trucks should be loaded. When a company disregards these regulations, they put the public at risk and are responsible for the consequences.
Trucking companies may also be negligent when they push drivers to work beyond legal hours. Fatigue is one of the most common causes of truck accidents. A fatigued driver has slower reaction times, impaired decision-making, and can easily cause a devastating accident. When companies encourage long hours without rest, they make accidents more likely to happen.
Inadequate insurance coverage can also be a form of negligence. Some trucking companies don’t carry sufficient insurance, which can make it even harder for accident victims to get the compensation they deserve. While this doesn’t directly cause accidents, it affects how much protection victims have after one occurs.
How Trucking Companies Defend Themselves
Trucking companies often try to avoid responsibility for accidents by shifting the blame to the driver. They might claim that the driver was acting outside of company policy or that the driver was responsible for their own mistakes. They might even try to argue that the accident was caused by something outside their control, such as road conditions or other vehicles.
It’s important to recognize that these tactics are often used to protect the company from paying for the damages. But with the help of an experienced attorney, it’s possible to prove the trucking company’s negligence and hold them accountable.
Related Videos
Should I Take The First Settlement Offer?
Steps to File a Personal Injury Claim
How Trucking Company Negligence Affects Your Case
When a trucking company is found to be negligent, it can significantly impact your case. This is because it allows you to hold both the driver and the company responsible for your damages. Typically, the trucking company has deeper pockets and more insurance coverage than an individual driver. This means that if you can prove the company’s negligence, you might be able to recover more compensation.
For example, if the trucking company failed to maintain the truck properly and this led to the accident, the company could be liable for the full extent of your medical bills, lost wages, and pain and suffering. It also increases the chance of a successful lawsuit, as the trucking company is generally better equipped to handle a legal battle.
Verdicts & Settlements
Steps to Take After a Trucking Accident in New York
If you’ve been involved in a trucking accident, there are a few crucial steps you should take to protect your rights. First, always report the accident to the police. They will create an official accident report that will be valuable later on. It’s also important to document everything you can at the scene. Take pictures of the scene, the vehicles involved, and any visible injuries. Gathering witness statements can also be helpful.
Even if you don’t feel injured right away, it’s important to get checked out by a doctor. Injuries from trucking accidents can sometimes appear later. Seeking medical attention early on ensures that your injuries are properly documented.
Speaking to an attorney who is experienced in trucking accidents can help you understand your legal rights and navigate the complex claims process. They can also help you gather the necessary evidence to prove negligence and build a strong case.
How Andrews, Bernstein & Maranto, PLLC Can Help
If you have been involved in a trucking accident in New York and suspect negligence may be a factor, it’s crucial to act quickly. The attorneys at Andrews, Bernstein & Maranto, PLLC can help you investigate the circumstances of the accident, gather evidence, and build a strong case. They will fight for the compensation you deserve and hold the responsible parties accountable.
You don’t have to navigate the aftermath of a trucking accident alone. Let an experienced legal team guide you through the process and ensure your rights are protected every step of the way. Contact Andrews, Bernstein & Maranto, PLLC today for a consultation.