One of the most important elements of a truck accident claim is who is at fault for the collision. In most cases, the liable party is legally responsible for any damages that resulted from the crash. Sometimes, more than one party is at fault. We will review the most common culpable entities below and what a trusted truck accident lawyer in Queens, NY can do for you.
Potential Liable Parties In a Truck Accident
The Truck Driver
More often than not, the driver of the truck that hit you bears at least some responsibility for the accident. For example, if the driver was speeding or violating some other traffic law when the collision occurred, they would automatically be considered wholly or partially liable for the resulting damages.
The Driver’s Employer
If the driver is employed by a company, they may also be on the hook for the accident. For example, if they failed to do a proper background check or didn’t adequately train their drivers prior to assigning them to a job, they will likely be considered negligent.
The Truck Manufacturer
In some cases, the manufacturer of the truck could share legal liability if the truck had a material defect or design flaw that contributed to the collision. An example of this might be if a truck is outfitted with a defective tire that then ruptures when the driver accelerates or merges on to the highway.
The Truck’s Mechanics
If a truck was recently serviced and the mechanics made a mistake, they may bear some responsibility if the mistake can be directly linked to the cause of the accident. For instance, if a mechanic did not adhere to protocol when servicing a truck’s brake system, and a collision occurred because the driver was unable to stop the truck, the mechanic would likely be considered at fault.
The City
If a truck accident occurs because of inadequate signage, road defects, or something else that falls under the jurisdiction of the municipality where the collision happened, you can potentially name them as a defendant in your case. This is also true if road defense didn’t cause the accident but made it worse.
Another Driver
It’s also possible that neither you nor the truck driver are responsible for the accident, but rather, another driver sharing the road.
How an Experienced Truck Accident Lawyer in Queens, NY Can Help After a Crash
Pursuing the financial compensation you deserve from a professional trucking company can be challenging if not impossible on your own. An attorney can help you preserve evidence and present it effectively to increase the chances of a getting positive resolution in your favor.
After getting into an accident with a large truck, you’ll need lots of support in the coming days, weeks, and months. Contact us at Simon & Gilman, LLP in Queens, NY to schedule your free initial consultation. We have the skills, experience, and resources needed to provide you with the zealous legal representation you need. Call today to get started.
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