On the surface, motor vehicle accidents of any kind would appear to have similar consequences, yet that’s not always the case. Due to the large relative size disparity in the vehicles, as well as the potential that the truck is transporting hazardous materials, a truck accident may lead to more serious damage than an accident involving smaller passenger cars.
After a serious truck accident, the victims may be able to recoup damages from the other driver’s employer, which is one of the primary ways the legal consequences of a truck accident can differ from an accident between two private parties.
A 26-year-old-man was recently crossing the street with friends in New York City when he was struck by a commercial truck. When police responded to the accident scene, the victim had visible cuts on his arms and torso, but was conscious. The man still required immediate medical attention.
Unfortunately, the victim died in the ambulance and was pronounced dead upon arrival at a nearby hospital. The driver of the truck was unaware that he had hit anyone, but remained at the scene after being flagged down by witnesses.
As is the case with most vehicle accidents, liability in truck accidents is based on negligence. In order to prove negligence, a victim must prove that the truck driver or their company owed them a duty of reasonable care and breached that duty. There are many possible causes that can indicate negligence on behalf of a driver or company including driver fatigue, faulty maintenance, violations of federal regulations and unreasonable delivery schedules.
Victims must also be sure to include as many potential defendants as possible in their personal injury lawsuits. These potential defendants could be trucking companies, contractors, employers, as well as the driver. A trucking company can be held responsible for an accident involving one of their employees if certain conditions are met. To prove this, a victim must show that there was an employment relationship between the driver and the company, and the driver was acting in the course of that relationship at the time of the accident.
An accident involving a commercial truck can lead to severe injuries that result in a significant financial burden for victims. It is important that victims of truck accidents be aware of their rights and potential damage recovery options.