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Who Pays Damages for a Truck Accident in Brooklyn?

— November 23, 2022

The trucking company can be held accountable for damages if the crash was caused by a mechanical failure.

New York City, NY – Truck accidents account for roughly 8% of all motor vehicle crashes in New York City. In 2021, Brooklyn had the highest number of crashes of any NYC borough, 30,292, as well as the highest percentage of injury-causing collisions. Most Brooklyn drivers know what to do if they are involved in a minor collision, like a fender bender. The question is how do you deal with a truck accident? As truck accidents are more likely to result in serious injury, they incur considerable financial damages. When there’s a lot of money at stake, you need to be very careful and contact an experienced New York truck accident lawyer right away.

Why do I need a lawyer for a truck accident in Brooklyn?

If you were injured in a crash involving a commercial vehicle belonging to a large transport company, you’re at a great disadvantage. The company will have its lawyers in damage-control mode while you’re still trying to wrap your head around what happened. Truck drivers are instructed to notify their employer about an accident ASAP. The trucker will probably call his boss before getting out of the truck to assess the damage. They’ll be working to minimize their responsibility and hide crucial evidence immediately and this can impact the outcome of your future personal injury claim.  

To level the playing field you must reach out to seasoned New York truck accident lawyers as soon as possible. If need be, the attorney will visit you while you’re still in the hospital. Don’t worry, that won’t cost you anything. Truck accident lawyers work on a contingency fee basis so they don’t get paid until they win the case for you.

Once you’ve seen a lawyer, you can focus on your recovery, while they’ll be investigating what happened and who is liable for your damages.

Who can you sue for a truck accident?

Gavel on copy of lawsuit; image by Wirestock, via
Gavel on copy of lawsuit; image by Wirestock, via

Unlike regular car crashes, in a truck accident, you can have more than one party liable for damages. You may be able to sue the trucker, but also his employer, and this will increase your chances of recovering the damages you deserve.

The trucker

A commercial driver can be held accountable if the accident was caused by an error or any type of reckless driving, like speeding. The trucker will also be liable for damages if he was intoxicated at the time of the crash. 

The trucking company

If you have sustained significant damages, the trucker’s insurance may not be enough to cover your losses. This is why knowledgeable truck accident attorneys focus their attention on the employer. Large trucking companies are required by law to carry at least $750,000 in liability coverage and up to $5 million if they transport hazardous materials.

The trucking company can be held accountable for damages if the crash was caused by a mechanical failure, such as a defective brake system or a blow-out tire. The company is responsible for the good maintenance of its vehicles. Your lawyers will examine maintenance records to see when the truck was last in the shop and what repairs, if any, were carried out.

At the same time, your lawyers will check out the trucker’s driving record. If the guy had been charged with reckless driving or DUI before and the company ignored his record, the employer can be accused of negligent hiring.

The trucking company will bear part of the blame if they were aware the trucker had a substance abuse problem or they failed to submit their employees to mandatory drug and alcohol tests. 

The shipping company

The Federal Motor Carrier Safety Administration (FMCSA) has rigorous regulations concerning the way the load on a truck must be secured and balanced. If the accident was caused by a problem in the cargo area, such as a sudden shift of the load, the shipping company or the cargo’s owner can be sued for damages. 

If you or someone you love were recently involved in a truck accident in the Brooklyn area, contact a reliable attorney at the Gitelis Law Offices. They have vast experience dealing with truck accidents and they can help you recover the damages you are entitled to.

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