Who Can Be Held Liable for a Truck Accident in New York?

Getting into any kind of auto accident is stressful, but truck accidents in particular tend to be especially devastating. Knowing who to hold responsible for a wreck is key to getting the financial compensation you and your family deserve. Below, we go over 5 potential at-fault parties and why consulting a truck accidents attorney in Queens, NY soon after your accident is the right move.

5 Potential Liable Parties In a New York Truck Accident 

1. The Person Driving the Truck  

A truck driver can be at fault for a collision if they are in violation of traffic laws or hours of service regulations when the accident occurs. They can also be held responsible for an accident caused by their own choices, like driving under the influence of drugs or alcohol, failure to yield, or ignoring road hazard signs.

2. The Driver’s Employer 

Trucking companies are required to adhere to certain standards to keep drivers and others on the road safe, including: 

• Hiring qualified truck drivers 
• Performing background checks 
• Training new drivers 
• Maintaining their fleet 
• Monitoring driver wellbeing 

If the company’s failure to meet their obligations results in an accident, you may be able to file a lawsuit against them for negligence.

3. The Company That Made the Truck  

Sometimes, the trucking manufacturer themselves are at fault for a collision. For example, if the truck has a flawed design or factory defect that the accident is traced back to, the company should be included in your claim. This would likely be one of the 4 major semi-truck manufacturers in America: 

• Daimler Trucks North America (Freightliner and Western Star brands) 
• PACCAR Inc. Trucks (Peterbilt and Kenworth brands)
• Navistar International Corporation (International brand) 
• Volvo Trucks North America (Volvo and Mack brands) 

4. A Mechanic Who Worked on the Truck 

If the truck that hit you was recently serviced, it’s possible that the mechanic who worked on it made a mistake that caused or contributed to the accident. An example of this might be if a truck was scheduled for a complete tune up and the mechanic neglected to check the brakes. If the driver was unable to stop to avoid the crash, you can link the mechanic’s oversight directly to the collision.

5. Another Driver on the Road  

In some cases, the at-fault party is someone else who was also driving on the road when the accident occurred. If they were the party that was driving carelessly or broke a traffic law, ​your claim for compensation would be filed against them ​instead of the driver or trucking company.

When to Reach Out to a Qualified Truck Accidents Attorney in Queens, NY 

Contacting an experienced truck accident lawyer as soon as possible after the collision can help ensure you have access to all of the evidence available in your case. The other side will have a more difficult time deleting black box footage, driver logs, and other records once an attorney gets involved.  

Were you or someone in your family hurt in a truck accident? We can help you pursue the full and fair restitution that may be owed to you. Contact us at Bardizbanian & Associates, P.C. in Queens, NY to get the legal assistance you need to take the next step forward. 

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