(845) 802-0047One obstacle that all motorists must contend with is bad road conditions in New York. This could either by poorly maintained roads or due to inclement weather which makes travel more hazardous. In New York, our cold and long winters generate significant hazards for us by throwing snow, sleet, hail, and icy conditions on our roadways. Many times bad road conditions require us to take precautions such as slowing down or even stopping until visible and safe travel can be ensured. However, this is not usually an option for large commercial trucks. Tractor trailers and 18 wheelers do not like to slow down or pause operations, as these are “time is money” industries and the longer that it takes for a delivery to be made, the less money the truck driver and trucking company earn. This is a recipe for New York trucking accidents caused by bad road conditions.
Unfortunately, many trucking carriers put profits over our safety and place undue pressure on truck drivers to meet unrealistic delivery schedules. In fact, truck drivers may even feel completed to continue to drive in bad road conditions caused by the weather which could result in deadly trucking accidents. When this happens, our New York trucking accident lawyer knows that both truck drivers and trucking companies may be liable for any injuries directly caused by the 18 wheeler wreck.
Types of Bad Road Conditions and Who May Be At Fault
There are generally two types of bad road conditions which may cause a New York trucking accident. Each type of condition affects liability and damages, as well as possibly resulting in comparative negligence on the part of the victim. The types of bad road conditions include the following:
Poor Maintenance Causing Road Conditions – When roadways are riddled with potholes, cracks, and other damage, vehicles encountering these conditions may lose control if they hit this damage or if they attempt to swerve to avoid at the last second. A common way the vehicles lose control is a tire blowout. When a large commercial vehicle has a tire blowout, the truck could swerve into oncoming traffic, roll over and block the highway, or careen across other lanes.
Inclement Weather Causing Bar Road Conditions – While most New Yorkers know how to drive in the snow and ice, some truck drivers are coming from across the country on our interstates and may not be as familiar. Coupled with the fact that large commercial vehicles are heavier and inherently need more space to stop, when snow and ice are on the roadway it may double, triple, or require even a greater distance for a semi tractor-trailer to stop. In addition, some snowstorms can greatly reduce visibility, which limits the distance that a driver can see and effectively stop in time. A common way that trucks cause crashes in snow and ice are rear-end collisions from being unable to stop in time or from having less visibility in a whiteout.
Liability in New York Trucking Accidents Involving Bad Road Conditions
Multiple parties may be liable for a trucking accident involving bad road conditions, including the victim which is why an experienced New York trucking accident lawyer is needed. This is important because each party may have a different statute of limitations to commence an action for personal injuries, some as short as 90 days! The most commonly liable entities in a New York trucking accident caused by bad road conditions include the following:
Government Entities – Whether the bad road conditions are poor maintenance or snow and ice, the State, County, or municipality may be the first party that is liable for the crash. While New York law provides that they are not the guarantor of safe travel on the roadways, where the government entity knew or should have known of a dangerous condition, or where the government entity created or enhanced the dangerous condition, the State, County, or Municipality may have some liability for the trucking crash.
Truck Driver– While government entities are a good place to start with liability, the most likely person or entity to be liable is the truck driver or trucking company. This is because a pothole or roadway defect is present on the roadway and a driver should use reasonable care in the use and operation of his or her motor vehicle to avoid the dangerous condition. When a truck driver loses control due to a pothole, he or she may be liable for failing to avoid the defect in the roadway. The same is true of snowy and icy conditions on the roadway. In fact, under New York statutory law and Federal trucking regulations, operators of commercial vehicles must use “extreme caution” in inclement weather and may only move their vehicles when it is safe to do so. If the truck driver continues to operate the truck and cannot stop in time or slides out of control, he or she may be liable for the trucking accident because it was obviously not safe to move the vehicle.
Trucking Company – The trucking company is liable for the actions of its employees committed within the scope of business, which would be the truck driver operating an 18 wheeler and causing a trucking accident due to bad road conditions. In addition, a trucking company may be liable for improper maintenance, repairs, or even unrealistic delivery deadlines.
Other Motorists – Other motorists on the roadway may contribute to a trucking accident in bad conditions. This is because other motorists may spin out and lose control, make improper turns, or fail to use reasonable care while operating their motor vehicle. A truck driver may overreact to another motorist’s mistake which could result in a crash. An example could be a motorist spins out and a truck driver slams hard on his or her brakes causing the trailer to roll over onto another vehicle. Both the other motorist and the truck driver, including the trucking company, could be liable for the 18 wheeler wreck.
New York Trucking Accidents Caused by Bad Road Conditions Could be Complicated. Call Us for Help
There are many possibly liable parties in a trucking accident caused by bad road conditions. Unfortunately, another possibly liable party could be the victim—or that is what the truck driver and insurance carrier will argue and try to prove. This is why victims of a trucking accident should call our New York trucking accident lawyer to fight back and protect your rights. We will ensure you obtain the maximum compensation you may be entitled to under the law for your crash by hiring the appropriate experts for your case. We offer FREE consultations, so please call today to learn what we can do for you now.