Lower East Side Truck accidents can cause devastating injuries for you or your family members due to the sheer size of these big-rigs. Due to the complexities of truck accident lawsuits in New York State, it is wise for truck accident victims to hire a lawyer. Learn more about truck accidents, liability, and how a lawyer can help prove your claim by reaching out to the law office of Michael J. Redenburg, Esq. PC.
Lower East Side Truck Accident Lawyer | Lower East Side Manhattan Semi-Truck Accident Attorney
Semi-trucks and tractor-trailers can cause catastrophic damage to property and injure the passengers in a trucking accident. Due to the extent of the damage and injuries involved in large truck accidents, filing a lawsuit and naming all of the proper parties should be left to an experienced truck accident lawyer. If you have been involved in a Lower East Side trucking accident, you should hire a truck accident attorney, such as Michael J. Redenburg, Esq. PC.
Liability in a trucking crash can be very complicated. This is not only because of the severity of the injuries, but also because there may be multiple players involved who share some responsibility for the injuries you sustained. To properly bring a truck accident case in New York, you must first identify all of the parties that may have played a role in the crash. Assigning liability to the appropriate party can help you determine the amount of damages, or monetary compensation, you may be entitled to in a truck accident case.
Defendants in a Lower East Side Truck Accident Case
In many truck accident cases, the operator of the semi-truck is liable for the accident and will be named as the defendant. However, liability in a commercial truck accident could possibly extend beyond the driver of the 18-wheeler.
Besides the truck driver, additional parties who could be held liable in a NYC truck accident include:
- The driver's employer or client (the trucking company)
- The truck owner
- The truck manufacturer (especially if the crash was the result of a defective part)
- Third-party contractors or businesses responsible for the cargo
How Negligence Affects Lower East Side Truck Accidents
Any driver on the roadways of the Lower East Side, including truck drivers, have a duty of care to protect the safety of others on the road. This means that they must obey traffic laws, keep a proper lookout, and do whatever is in their power to avoid an accident. Truck driver negligence occurs when truck drivers breach this duty of care, fail to protect other drivers on the road, and this failure causes a crash.
Truck drivers are held to standards as promulgated by the Federal Motor Carrier Safety Administration (FMCSA). This is because truck accidents have an extremely high risk of causing significant property damage, serious injuries, and even fatalities.
Major Reasons for Commercial Truck Accidents In NYC
- 18-Wheeler is Overloaded – an overloaded semi-truck may have a blowout or brake failure on the roadway, triggering catastrophic mechanical failure.
- Commercial Truck Malfunctions – the biggest commercial truck malfunction is when the ELD can no longer record or retrieve recorded logs about the carrier.
- Distracted Trucker – truck driver dialing cell phone, eating, drinking, texting, or adjusting the radio
Types of Truck Accidents in the Lower East Side
Automobile accidents involving 18-wheelers may include two or more vehicles, and how the trucking accident occurs can affect injuries, as well as the extent of damages. Because of a commercial truck's sheer size and weight, several different types of big-rig collisions can happen and have the potential to be catastrophic.
Override Truck Accident
An override accident occurs when a semi-truck rear-ends a smaller vehicle. Due to the height of commercial trucks, the semi-truck may drive over the back of the car, causing a car accident.
Underride Truck Accident
An underride accident is the opposite of an override accident. In this case, the driver of the smaller vehicle rear-ends the back of a tractor-trailer. The semi-truck may have stopped abruptly or improperly changed lanes.
Although many trucks have guards on the back of the trailer, the vehicle that hit the back of the truck may become stuck or wedged underneath.
Rollover Truck Accident
With tall trailers, big rigs can tip when drivers take turns at high speeds. High winds, other weather conditions, or driver error can also cause the truck to fall on its side.
This type of tractor-trailer accident can cause major blockades on roadways, cause chain-reaction crashes, and lead to severe damage to passenger vehicles.
Jackknife Truck Accident
Jackknife accidents occur when the tractor-trailer attachment comes loose or fails, causing the tractor-trailer to swing out perpendicular to the tractor, just like a jackknife. Once jackknifed, the semi-truck can block the roadway and may lead to car accidents.
Runaway Truck Accident
If a trucker loses the ability to stop or slow the vehicle, the weight of the truck can cause it to reach high speeds. The truck could hit anything in its path, from other vehicles to pedestrians and property. This is especially dangerous if the truck is traveling downhill.
Common Injuries as a Result of Truck Accidents
As with any auto accident, injuries from trucking accidents can range from minor to severe. However, large truck accidents are more likely to cause severe or debilitating injuries.
According to data from the FMCSA, the number of truck accident injuries are increasing.
Examples of injuries from a truck crash include:
- Spinal cord injuries
- Disfigurement or scarring
- TBIs, Traumatic Brain Injuries
- Severed limbs
- Burns or lacerations
- Other fatal injuries
Common causes of truck accidents include:
- Distracted driving: This may include texting while driving, messing with the radio, talking to vehicle passengers, etc.
- Improper loading of cargo: Failure to load cargo properly could be the responsibility of the trucker, the trucking company, or a third party.
- Aggressive driving behaviors: Speeding, tailgating, weaving in and out of traffic, or sideswipe attempts are all considered aggressive driving.
- Brake problems: Brake issues are dangerous for semi trucks, which is why regular maintenance is important.
- Prescription drug use: Opioids, benzos, amphetamines, and other prescription medications can be dangerous to take while operating a big rig.
- Traveling on an unfamiliar roadway: Lack of proper training or traveling on unknown roadways can contribute to a crash.
- Congestion or traffic flow problems: The more traffic in an area, the more likely crashes may become.
- Bad weather conditions: Wet or slippery roads, high winds, winter storms, and other dangerous weather conditions may cause drivers to lose control.
- Driver error: Drivers can make mistakes for any number of reasons, and sometimes this can have serious consequences.
What To Do After A Truck Accident
If you were involved in a truck accident, call for help immediately. Once you connect with a dispatcher, notify them of any injuries. Tell them if someone is trapped, hurt, or was thrown from their vehicle, as well as if there is any hazardous waste at the scene, like leaking fuel or a downed power line.
After calling 911, there are many measures you can take to both ensure your safety and improve your case for filing a truck accident claim.
Do not Refuse Medical Care
Communicate all of your injuries with the paramedics and first responders at the scene. If they suggest you should be checked out at a hospital, do not refuse.
If you deny or delay medical treatment after an accident, insurance companies could reject your claim for medical expenses by suggesting your injuries weren't caused by the accident.
Obtain Information About the Truck Driver
It is critical to exchange insurance information with the other driver. Truck drivers must meet certain driver qualifications and regulations, so also ask for this information as well, or make sure it's noted on their commercial driver's license.