New York City Personal Injury Law Blog
FAQs about Semi-Truck Accidents in New York
In 2015, there was a total of 3,852 deaths caused by large truck crashes. Of these, 16% were truck occupants, 69% were car and other passenger vehicle occupants and 15% were bicyclists, motorcyclists and pedestrians. There was a 22% increase in the number of deaths caused by large truck crashes in 2015 from 2009.
There was also a 34% increase in the number of truck occupants who died the same year from the number of deaths in 2009.
Common Questions about Semi-truck Accidents and Claims
Here is a look at some of the most common questions people ask about truck accidents and personal injury claims in New York:
Q1: Who can file a lawsuit in a case involving a truck accident injury or death?
A: In a semi-truck accident injury or death case, the injured victim can sue the party at fault. In some cases, the victim’s spouse can also file a lawsuit. In a case of wrongful death, the family’s trustee, on behalf of the family members, can bring a suit or claim against the driver of the semi-truck or the trucking company.
Q2: If I am injured or a loved one is killed by a semi-truck, is my case different compared to victims of other auto accidents?
A: Yes. Trucks should carry insurance coverage in higher amounts. The drivers are also required to meet higher safety standards compared to other vehicle drivers. Because trucks travel in interstate commerce, many federal regulations apply to them – regulations that do not apply to other cars or vehicles. It is also the responsibility of trucking companies to conduct background checks before they hire drivers and are required to periodically conduct an evaluation of existing employees.
There are also limits on the number of hours that a driver can drive in a day and they are also subject to drug and alcohol testing, in the event of an accident as well as randomly. If there is any violation of the Federal Motor Carrier Safety Regulation Act, it can provide the basis for establishing fault on the trucking company and its driver’s part.
Q3: Who can I sue if I am injured in an accident involving a semi-truck?
A: You can sue the driver, the owners of the trailer as well as the tractor, the company shown on the trailer, and in some cases, the loading facility responsible for placing the contents of the trailer and possibly the owner of the trailer’s contents.
Q4: Is it important to investigate in a truck accident case?
A: It is extremely important to investigate in all types of cases, and in semi-truck cases, even more so. It is crucial to establish if the driver maintained his log properly and if he was within the driving time he was allotted when the accident occurred. If these standards are violated, additional liability may be imposed on the truck. However, if they are not investigated immediately, any violation can be difficult to discover.
Get Legal Help for Semi-Truck Accidents in New York
If you or a loved one has been injured due to a semi-truck accident in New York, you should seek the help of the reliable personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212 697 9280. You can discuss the merits of your case at a free consultation.