(845) 802-0047All motorists must use reasonable care under the circumstances in the use and operation of their motor vehicle. This includes truck drivers, who operate large commercial vehicles which are dangerous even if reasonably operated. Unfortunately, they are not always operated with the reasonable care necessary to avoid serious motor vehicle accidents and New York trucking accidents. Many times the reckless, careless, and downright negligent conduct of a truck driver, trucking company, or another person or entity may cause serious personal injuries or wrongful death in an 18 wheeler wreck.
Even though you may drive as carefully as possible, it only takes one reckless or careless truck driver to change your life forever. Many times the errors made by a truck driver violate New York law, which means a victim may be entitled to use the doctrine of negligence per se to automatically prove the truck driver and trucking company was at fault. Other times the errors made by the truck driver may violate the Federal Motor Carrier Safety Administration (FMCSA) regulations, which means a violation is evidence of negligence by the truck driver and trucking company.
But most times when a truck driver cases a careless New York trucking accident it will be due to his or her negligence. This is the common law, or judge-made law, that has evolved through decades of legal interpretation and social norm shifts. A negligence action, which most personal injury actions including truck accidents are, is when a defendant’s breach of his or her duty causes damages to another person.
Examples of Negligence in a New York Trucking Accident
As with any more vehicle accident, there is an endless number of possible scenarios wherein a motorist could negligently cause personal injuries. This is only magnified with a trucking accident, as there are significantly more possible issues which could result in devastating big rig crashes.
Some of the most common types of negligent trucking accidents include the following:
- Failing to use reasonable precaution on bad road conditions (such as snow, ice, hail, fog, high winds, and similar weather conditions);
- Neglecting blind spots;
- Disregarding directional signals;
- Distracted driving, such as on cell phones, radio, computers, tablets, GPS, handheld radios, eating, and other devices;
- Drunk driving or drugged driving crashes, particularly drugged driving to stay away to drive longer shifts;
- Failure to yield;
- A fatigued driver, including falling asleep at the wheel and Hours of Service (HOS) violations;
- Improperly backing up;
- Improper passing or unsafe passing;
- Oversized loads;
- Poorly planned routes;
- Speeding or driving in excess of the speed limit conditions roadway factors such as traffic and weather;
- Negligent maintenance and upkeep of a commercial vehicle;
- Failing to stop at a stop sign or red light;
- Spillage of contents and unsecured loads;
- Tailgating or following too closely;
- Unrealistic delivery schedules;
- Many other common cases.
Damages For Victims of New York Trucking Accidents
Victims and their families of a New York trucking accident may be entitled to “damages.” In a personal injury action such as a motor vehicle accident, damages are typically compensatory in nature.
Individuals who are injured in a New York trucking accident due to the negligence of a truck driver or trucking company may be entitled to the following damages:
- Pain and suffering, both past pain and suffering and future pain and suffering;
- Medical bills;
- Future medical costs;
- Lost wages;
- Lost future earnings;
- Emotional distress;
- Loss of services, consortium, and affection of loved ones and dependents;
- Property damage; and
- Other possible damages.
If there has been a wrongful death, families may be entitled to compensation for the funeral and burial of a loved one, loss of services, consortium, and affection, and loss of income, amongst other possible damages, proximately caused by the negligence of a truck driver or trucking company. In rare but egregious cases, families of a loved one who was wrongfully killed may be entitled to punitive damages against the truck driver or trucking company or both.
Injured Due to the Negligence or a Truck Driver or Trucking Company? Ask for Our Help Today
Anytime someone’s careless or reckless conduct causes injuries to you or a loved one, it can be frustrating, burdensome, and even make you angry. We understand how difficult of a time this can be, especially if negligent errors caused the wrongful death of a loved one. If this happened to you, please call our New York trucking accident lawyer to learn how we can protect your rights and obtain the compensation that you and your family deserve.