Finding who is at fault after a New York truck crash is rarely simple. It is often more than just blaming the driver. Many parties may be responsible for a commercial vehicle accident in New York. While driver error is a common cause, many factors can lead to a crash.
You should know that legal blame often goes beyond the driver. The trucking industry is complex and involves many different people and companies. Because of this, several groups may be responsible for your injuries.
Liability in New York
In a standard passenger vehicle accident, you are usually only dealing with another driver. However, in a commercial truck accident, a thorough investigation may reveal negligence. Some examples of potentially liable parties include:
- The trucking company: Drivers’ employers are often responsible for the actions of their employees and may be held liable for negligent hiring or training practices
- Maintenance providers: If a mechanical failure caused the crash, the company contracted to maintain the fleet could be held accountable
- Manufacturers: Defective parts can contribute to the accident and cause the manufacturer of the truck or its components to shoulder liability
Third parties can contribute to commercial truck accidents in various ways. It is good to assess whether all involved parties adhered to state and federal safety standards.
FMCSA Regulations as evidence
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for commercial trucking. These regulations help keep everyone on the road safe. When a party violates these rules, New York courts can consider that violation as evidence of negligence in your case.
Common violations include exceeding hours-of-service limits, ignoring weight restrictions, forgoing required maintenance and more.
Preserving evidence
It’s important to contact legal representation as soon as you can. If you wait, key evidence may be lost, such as driver logs, video footage or “black box” data from the truck’s electronic control module. These cases often involve serious claims and large insurance companies. A skilled legal professional knows their tactics and can build a strong case that identifies everyone who may be responsible.
The sooner you speak with an attorney after a truck accident, the better your ability to preserve critical evidence and protect your rights. Contact Scarzafava & Basdekis for a free, confidential consultation.