(845) 802-0047Traffic signals are the rules of the road. They tell us when to stop, go, yield, what speed we can drive, and where we can turn or not turn. Following these traffic signals is essential for the safe operation of a vehicle for both motorists and pedestrians. Unfortunately, many drivers fail to comply with these traffic signals. This is downright dangerous, especially when that driver is a truck driver of a large commercial vehicle like a semi tractor-trailer, 18 wheeler, flatbed, tanker, or other big rigs. When a truck driver is disregarding signals it is likely to result in a catastrophic New York trucking accident that could result in serious personal injuries or the wrongful death of an innocent person.
When a truck driver is disregarding signals and causes a New York trucking accident, it is possible that the truck driver and the trucking company will be liable for the 18 wheeler wreck and any damages proximately caused by the collision. In a New York personal injury action, damages are injuries, lost wages and lost earnings, property damage, medical bills, and even loss of relationship with loved ones like spouses, children, and parents.
Common Traffic Signals that are Disregarded and Result in New York Trucking Accidents
Truck drivers disregarding signals could choose to ignore any number of important traffic signs. Anytime a traffic signal is disregarded it puts everyone, including the truck driver, at serious risk for bodily injury. There are many common traffic signals that are disregarded and cause New York trucking accidents, including the following:
- Speed limits;
- Stop signs;
- Red Lights;
- Yield signs;
- No passing zones;
- Turning lanes;
- No U-turn signs;
- No left turn or no right turn signs; and
- Other important signs.
Liability When a Truck Driver Disregarding Signals Causes a New York Trucking Accident
All of the common signs that are disregarded above, as well as any other traffic signals that you see on the roads or can think of, are the product of New York Vehicle and Traffic Law. This is a statutory, or legislative-made, body of law which dictates the rules of the road for drivers on New York highways, interstates, thruways, and other roadways. Motorists, pedestrians, bicyclists, and other individuals operated an authorized vehicle on a New York roadway must comply with the Vehicle and Traffic Law.
Disregarding signals provided on the roadway and authorized by statute can result in a traffic ticket or citation. If disregarding signals results in a New York trucking accident, it could also result in serious personal injuries or the wrongful death of an innocent person. In this situation, a victim or the victim’s family may be able to use the doctrine of negligence per se to automatically establish liability against the defendant. In order for this doctrine to apply, an individual must establish three elements:
- That the statute was violated;
- That the statute was meant to protect the individual; and
- That the statute was meant to prevent the harm caused to the protected individual.
If these three elements are met, it is likely that the doctrine of negligence per se can be used to automatically establish liability against the truck driver and trucking company for any injuries actually caused by the New York trucking accident.
In addition to the statutory law, there is New York common law or judge-made law. This common law is evolved from public sentiments and has a foundation from British law. Under New York common law, a motorist must use reasonable care under the circumstances in the use and operation of his or her vehicle. This could include complying with the traffic signals presented before him or her. Disregarding signals which result in a New York trucking accident may result in a common law finding of negligence. While this is not automatic like the doctrine of negligence per se, it is the main theory of recovery used by personal injury victims.
Risks from Truck Drivers Disregarding Signals
The dangers of a truck driver disregarding signals and causing a New York trucking accident should be obvious. This is because a commercial vehicle like an 18 wheeler is heavy, very large, has significant momentum, and therefore generates extreme force upon impact. This is why 18 wheeler wrecks and big rig crashes cause catastrophic personal injuries. When a large semi tractor-trailer is disregarding signals, the risks, and types of collisions which could occur include head-on crashes, t-bone wrecks, and broadside collisions. These types of truck crashes place the other motorist in a particularly vulnerable position.
If you have been seriously injured or if a loved one has been wrongfully killed in a New York trucking accident where the truck driver was disregarding signals, please call our New York trucking accident lawyer to learn how we can help protect your rights to compensation for these types of very serious collisions. We understand the risks and dangers of these types of big rig crashes, and we know how to prove liability using both statutory law and the common law to ensure we present the best possible case to the court.