Who Is Responsible in a Commercial Truck Accident?

Most of us have had the experience of driving on a local road or highway, looking to the left and seeing the enormous tires or the tall cab of a tractor trailer truck. It can be intimidating and frightening to realize that you are sharing the road with vehicles that are twice or three times as big as you are. When a car is hit by a truck that weighs 20 or 25 times more than the car, the results can be catastrophic, and the injuries can often be fatal. You may wonder who would be liable for your injuries and damages in the event of an accident with a commercial vehicle.

In some cases, the truck driver would be held liable if it was found that the driver was doing something beyond the scope of his job. This is especially true if a commercial truck driver is an independent contractor and not an employee of the company. The company can be held liable if the driver was working within his scope of employment and the accident was unintentional, as is most commonly the case.

If you suffer injuries and damage due to someone else’s negligent actions, you have a good chance of recovering compensation. If there is someone to hold responsible for your injuries, you will most likely receive compensation for your losses. Approximately 200,000 people a year are seriously injured, and over 5,000 people a year die in large truck accidents. About 90% of these accidents are caused by driver negligence. Operators of large commercial vehicles must have a Commercial Driver’s License and the rules and regulations relating to the safe operation of these vehicles are very different from regular vehicles. It is imperative to find an attorney who has specialized knowledge about this area of the law, including the rules, regulations and manuals of the Federal Motor Carrier Safety Administration and the CDL manuals of the state the truck is registered in. If the accident occurs in another state, the attorney should be knowledgeable about the laws, rules and regulations of that state and the ability to litigate in Federal Court or in state courts.

Different companies may own the tractor, trailer, container and cargo of the truck and sometimes the trucks are owned, operated and registered by out-of-state corporations. Given the complexity of these types of claims, the best course of action is to hire a law firm with decades of experience and extensive skills in commercial trucking accidents. Contact Jacoby & Meyers, LLP NY to get the legal representation you and your family deserve. Call 877-504-5562 or email [email protected].

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP