Being in any motor vehicle accident in New York can be dangerous but collisions involving large commercial trucks such as big rigs, package delivery trucks, tractor-trailers, box trucks, 18-wheelers, and construction vehicles can be even more destructive and often fatal. This is because the weight and size of these large trucks are so massive that a car stands no chance of withstanding their impact in the event of a collision.
Being in any motor vehicle accident in New York can be dangerous but collisions involving large commercial trucks such as big rigs, package delivery trucks, tractor-trailers, box trucks, 18-wheelers, and construction vehicles can be even more destructive and often fatal. This is because the weight and size of these large trucks are so massive that a car stands no chance of withstanding their impact in the event of a collision.
Injuries from commercial truck accidents are often life-threatening and more serious and the injured person will take far longer to recover from the effects of the accident. Considering that a large number of such big commercial trucks ply in and around the streets of New York, it is vital for you to understand how to drive safely and avoid getting into an accident with such vehicles.
Things You Should Know About Commercial Trucks
The sheer size of a commercial truck gives it some unique characteristics that are very different from another car on the road. Here are some of the most important such features that you should be aware of:
Trucks have Large Blind Spots
Unlike smaller vehicles, commercial trucks have significant blind spots on all sides of their vehicle. These areas that truckers call ‘no zones’ are the spots you must avoid getting into when sharing the road with a large truck.
The first such blind spot is at the front end that causes the driver to be blind to what’s happening for almost 20 feet in front of the truck. The second spot is at the back of the truck and it can obstruct the driver’s vision for almost 30 feet. Next is the spot on the truck’s right side which often extends to a distance that covers the adjacent two lanes.
What this indicates is that if you drive too close to a commercial truck, there is a real risk that the truck driver will not even notice your presence. This becomes even more critical in situations when you attempt to pass a truck from the right side; the blind spot will increase the likelihood of your vehicle colliding with the truck.
Trucks Need More Turning Space
Due to their length and large size, commercial trucks require a lot of space when they make a turn on the road. To your unpracticed eye, it may seem easy to squeeze into space on the truck’s left or right side, but in reality, you are most likely to end up crashing into the truck as it navigates the turn.
Large Trucks Have a Huge Stopping Distance
Most passenger vehicles can come to a halt quickly as soon as the driver applies the brakes. This isn’t the case with large trucks that cannot stop so fast and move a distance of about two football fields after the brakes are applied. If you get in the way of such trucks, even if the driver notices your car, he may not be able to do anything in time to avoid a collision.
Keeping this factor in mind is even more crucial in poor weather conditions because rain and snow can cause the road to becoming slippery, making it even more difficult to manage the truck.
Commercial Trucks Have Higher Ground Clearance
You may have noticed that trucks sit high above the road so that the bottom of the truck is at the level of your shoulder. This can prove very dangerous if you tailgate a big rig because your car may slide right under it, resulting in the truck’s bottom ripping off the roof and windshield of your car. Surviving such a crash is highly unlikely and this makes tailgating a big truck even more dangerous.
What are the Common Causes of Truck Accidents in NY?
Most commercial truck accidents in New York are caused by conditions that are easily avoidable, such as:
- Aggressive driving
- Distracted driving
- Driving under the influence of alcohol or other drugs
- Trucker fatigue due to unrealistic delivery schedules
- Lack of sufficient training in driving a big truck
- Defects in truck parts
- Insufficient repair and maintenance of the truck
- Errors in the loading of cargo
Who is Liable for a Truck Accident in NYC?
If you or a loved one has been involved in a collision with a truck, you can be eligible to recover compensation from the party that caused the accident. To do this, you must be able to prove the liability of the concerned party and link their actions directly to the cause of the accident.
While the truck driver is often seen as being mainly responsible for a truck accident, several other parties may also be held liable. Here is a list of parties commonly found liable in accidents of this nature:
Truck Driver
Truck drivers can be held liable if it is proved that they failed to follow road rules, or that they were driving under the influence of alcohol or drugs. Drivers who were drowsy due to prescription medicines or those who were distracted while driving or speeding above the limits can also be held responsible for the truck accident.
Trucking Company
A trucking company may be considered liable for the accident if it is shown that they forced the driver to drive beyond 11 hours without sufficient rest, or provided an unsafe truck for the load delivery. Companies that do not screen drivers for use of alcohol and drugs and check their medical fitness may also be held responsible in the event of a crash.
Truck Manufacturer
If an accident was caused because of a defect in some part of the truck, the manufacturer of that truck can be held liable for the accident.
Cargo Loading Company
In an accident that involves the shifting or spilling out of cargo from the truck, the company that loaded the cargo may be held liable for the accident.
Other Parties
Based on the specifics of a truck accident, there may be other parties that can be held liable such as maintenance and repair contractors, freight brokers, third-party logistics providers, and employees of the weigh station.
What Data is Necessary to Prove Liability in a New York Truck Accident?
If you have been hurt in an accident and decide to pursue a personal injury lawsuit, you will have to prove that the accident actually occurred and that it was caused due to the actions of the at-fault party. You will also need to provide evidence for the financial and non-financial losses you suffered as an outcome of the accident.
Proving all this is not as simple as it sounds and that is the reason why it is advisable to hire a competent New York commercial truck accident attorney who can help you navigate the complex legal process of claiming compensation. The following is the list of data generally required to prove the liability of the party who is at fault:
- Personnel file of the truck driver
- Details of the truck company’s process to screen and hire drivers
- Maintenance and inspection files of the truck
- Logs showing hours of service
- Black box data from the truck
- Dashcam recordings
- Tollbooth and fuel receipts
- Driver’s cell phone records
- Bill of lading
- Police reports
Soon after a truck accident in New York, the trucking company will move to protect their interests. Their team of lawyers and investigators will swiftly converge on the scene of the accident and take steps to cover up or deny their fault for the accident.
In such a situation, you need an experienced personal injury attorney on your side to ensure all evidence is preserved intact and to counter the claims of the trucking company.
How are Damages Calculated Truck Accidents in New York?
When you file a personal injury case after being hurt in a truck accident in New York, the compensation you receive will depend on the damages you suffered due to the event. You will have to produce the following documents to prove the degree of damage:
- Hospital bills
- Medical records
- Receipts for medications and mobility aids
- Details of home-based care you received
- Rehabilitation expenses
- Old paystubs
Contact a Skilled Truck Accident Attorney in New York Today
If you or a loved one has been injured in a commercial truck accident in New York, the first thing you need to do is get the necessary medical attention to deal with your injuries. However, it is vital that you don’t lose time in hiring a skilled and competent truck accident attorney who will move swiftly to protect your interests.
Get in touch with our experienced commercial truck accident attorneys in New York at Rosenberg, Minc, Falkoff & Wolff, LLP at 212-344-1000 to schedule a free consultation. Our team of personal injury lawyers has successfully helped hundreds of truck accident victims recover compensation for the losses they suffered for no fault of theirs.
Our experience over the decades has made us aware of the way trucking companies and insurance companies try to cut corners. Using this information, we can help you build a strong case to help you get the compensation you deserve.
