Commercial Vehicle Accidents
Many people rely on delivered goods and services in New York City. Truck drivers and other people who drive commercial vehicles are supposed to have a sound safety record, but they do work many hours, which causes fatigue, and face significant deadline pressure. The result may be a serious accident. If you are injured in a commercial vehicle accident in New York City, it is important to retain an experienced attorney. Not all personal injury lawyers sufficiently understand some of the issues surrounding these types of cases. At Newman, Anzalone & Newman, LLP, our New York City commercial vehicle accident lawyers can provide knowledgeable legal representation in connection with these types of crashes.Pursuing Compensation for a Commercial Vehicle Accident
Sometimes people in passenger cars, bicyclists, and pedestrians pay the price for speedy deliveries by large commercial vehicles. Commercial vehicles may present a particular danger to others on the road because they are often big and heavy. Commercial vehicles can include big rigs, tractor-trailers, freight trucks, package delivery trucks, construction vehicles, sanitation trucks, service vans, private buses or shuttles, utility vehicles, and courier vans.
Commercial drivers are heavily regulated by the New York State Department of Transportation as well as the Federal Motor Carrier Safety Administration (FMCSA). They may be in a rush to make a delivery on time or to get to the next job to be able to earn more money. They may speed, back up too quickly, or tailgate. In some cases, they are exhausted from driving for long hours or violating the hours of service rules. Sometimes commercial vehicle drivers take illegal or prescription drugs to keep up with the pace of deliveries. Commercial vehicle drivers who are fatigued or on alcohol or drugs may be slower to react, and they are more likely to get into an accident.
As with other personal injury cases, you may be able to recover damages if a commercial vehicle accident attorney in New York City can help you prove a driver's negligence. A truck driver may be found negligent when they owe a duty, they breach the duty, the breach actually and proximately causes injuries to you, and actual damages are sustained. For example, if a truck driver is hurrying to meet a deadline and speeds around a curve on a highway, jackknifing and crashing into you, it is likely that they will be found negligent.
When a safety law or regulation is violated, it may be possible to recover damages under a theory of negligence per se (meaning negligence as a matter of law). Violations of the New York State Department of Transportation regulations can involve breaking the weight restrictions, carrying hazardous cargo inappropriately, or failing to have an appropriate mirror or warning bell for backing up. Often, pursuing damages under a negligence per se theory results in a shift of focus to damages, rather than liability. To recover compensation, you will likely need to have a police report or other official documentation indicating that a safety regulation or law was violated.
However, a resourceful New York City commercial vehicle accident attorney will not stop with the truck or delivery driver. Sometimes there are multiple victims in a commercial vehicle accident, and it is wise to pursue as many defendants as may be liable for the accident. Sometimes a company's negligence results in injuries. For example, companies are supposed to conduct background checks and supervise their employees. If they fail to do so, or they do so negligently, they may be liable under theories of negligent supervision, negligent training, or negligent hiring. Employers can be held indirectly or vicariously liable when it is shown by a preponderance of the evidence that the driver was negligent in the course and scope of their employment.
When pursuing damages from a commercial vehicle driver or commercial delivery company, we will seek out all of the relevant evidence, including the driver's training and licensure, driving history, criminal record, logs of hours worked, maintenance records, and more. We can also look to see whether there is any evidence of a defective component in the vehicle that could give rise to a product liability lawsuit against a manufacturer, or evidence of improper repairs that could result in a claim against a repair shop.Contact a Skillful Commercial Vehicle Accident Lawyer in New York City
Newman, Anzalone & Newman, LLP provides diligent legal representation to people pursuing damages arising out of commercial vehicle accidents in New York City. We represent victims in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or submit our online form for an appointment.