Who Might Be Liable for Damages After a Truck Accident?
Driver errors play a role in nearly 90 percent of all large truck accidents in the United States. That means after most truck crashes, either the trucker or another motorist is to blame. But depending on the circumstances, there are several other parties who may be held liable for damages including:
- The motor carrier;
- The manufacturer of the truck or its parts;
- A maintenance contractor;
- The cargo loading company; or
- The local municipality.
If you or someone you love was injured in a truck wreck and you want to find out who might be liable for the resulting damages, contact LoTempio P.C. Law Group. Our New York truck accident lawyers are well-versed in the laws that govern these claims. We will perform a thorough investigation to identify all potentially liable parties, and we will help you fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case review.
Let’s take a closer look at the parties who might be liable for damages after a commercial truck crash:
1. The Trucker or Motor Carrier
If the crash was caused by driver error, the trucker or motor carrier may be liable. The trucker will typically be liable if he or she was an independent contractor, but the motor carrier that employs the trucker may be responsible if the crash occurred while the trucker was performing work-related duties.
2. The Manufacturer of the Truck or Its Parts
When a truck accident is caused by a vehicle malfunction, any ensuing claims will likely name the vehicle or parts manufacturer. If the trucker or motor carrier knew the vehicle was not operationally safe, though, they may also be considered partially liable.
3. A Maintenance Contractor
Maintenance contractors can be held financially responsible for wrecks caused by vehicle malfunctions, as well. A thorough investigation should reveal whether a parts manufacturer or maintenance contractor is to blame following such an accident.
4. The Cargo Loading Company
When cargo is not secured properly, it can shift en route. This can affect the truck’s handling and even cause it to flip. When an accident is attributed to shifting cargo, the cargo loading company may be considered at fault.
5. The Local Municipality
Government agencies have a duty to maintain public roads, bridges, and signs. If poor road conditions or faulty traffic signals contributed to the crash, it may be possible to pursue damages from the local municipality. Since different statutes of limitations apply when suing a government agency—typically, claimants have just 90 days to file a Notice of Claim—it’s essential to seek legal counsel as soon as possible in such a scenario.
Call 716-855-3761 to Discuss Your Case with a New York Truck Accident Attorney
If you want to file a truck accident claim in New York, turn to LoTempio P.C. Law Group. Our legal team is available 24/7 to answer your call. Dial 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer in New York.