While truck accidents are less than 3% of the traffic collisions reported annually, they are probably the deadliest. Processing claims for normal vehicle accidents, including the most common fender bender incidents, is long and frustrating. However, these processes aren’t as complicated and stressful as processing claims for truck accidents. According to the New York State Department of Motor Vehicles, there were 3,249 large truck crashes in New York State in 2020. The Bronx is one of the busiest areas in NYC, prone to several truck accidents.
Truck accidents are dangerous and cause more injuries and property damage. These accidents also involve multiple parties, making them very complicated. If you are a resident of the Bronx and have been in a truck accident, you should immediately hire a truck accident attorney in the Bronx to help you navigate these complexities. Below are five reasons why pursuing compensation for truck accidents is complicated.
1. Serious Injuries
As mentioned, commercial truck accidents are very dangerous. Accident victims suffer serious debilitating injuries or can succumb to the injuries. Long-term injuries, such as internal organ damage, brain injuries, and paralysis, are also very common.
These injuries require long hospitalization and expensive medical procedures. Therefore, while victims are eligible for compensation, the indefinite length of hospitalization and other complex procedures makes it difficult to value claims.
2. Truck Accidents Involve Several Factors
If you think handling the intricacies of standard vehicle collisions involves several factors, they aren’t a fraction of what’s involved in commercial truck accidents. While driver and vehicle risks are the same, commercial truck accident cases involve many other factors. Most trucking accidents also include claims for:
- Cargo loading errors – interestingly, there are specific ways of loading cargo onto flatbeds, tractor-trailers, and 18-wheeler trucks. However, human errors can occur, leading to accidents. For instance, one side may be overloaded, and the cargo may be poorly secured or exceed the vehicle’s weight rating. All these errors increase the risk of fatal truck accidents and should be considered in this case.
- Violations of safety regulations – commercial trucks should observe all federal and state safety regulations. Unfortunately, most truck drivers are notorious and ignore some crucial safety practices. Victims should prove the truck driver violated these regulations when seeking compensation.
- Negligence by the truck company – accident victims seeking compensation should also prove various aspects of negligence by the trucking company. Mistakes, such as hiring inexperienced drivers, overworking employees, and not providing adequate training, are reasonable grounds for filing compensation claims.
3. Multiple Parties Are Liable
The presence of multiple liable parties is the other reason behind the complexity of truck accident cases. In most cases, truck accidents involve several cars and properties. However, even in simple cases involving a truck and one vehicle, several parties can still be held liable under various New York State laws.
For instance, under the vicarious liability statute, employers are held liable for injuries and property damage caused by employees while at work. Other parties that should bear liability for truck accidents include:
- Owner of the cargo
- The shipping company tasked with loading cargo into the truck
- The driver or insurance company of the other driver
- Truck manufacturer or dealership
- Manufacturer or dealership of the other involved vehicle
- Government contractor or highway authority tasked with designing, constructing, and maintaining the road
4. Trucking Companies And Other Defendants Will Fight To Avoid Liability
The liable parties will do everything possible to avoid liability, primarily because of the amount quoted in compensation claims. Victims of accidents that lead to serious illnesses, property damage, and fatalities should be compensated heavily. Unfortunately, insurance companies, dealerships, trucking companies, and other liable parties aren’t always ready to part with such significant amounts.
As such, they will hire the best defense possible to avoid liability. Accident victims should build a solid and undeniable case to increase their chances of being compensated. If the liable parties deny these claims or offer a low settlement, your lawyer will help you take the case to trial.
5. Different Negligence Claims
Several factors cause commercial truck accidents. Common causes include distracted driving, speeding, drunk driving, and unsafe or negligent driving practices. In some situations, negligent practices may be the primary cause of truck collisions. For instance, negligent hiring, poor truck maintenance, or violations of hours of service can cause these wrecks. Your attorney will collect all the necessary evidence required to build a solid case.
The Bottom Line
Many other reasons can make it difficult for truck accident victims to receive compensation. Determining the party at fault, evaluating your due claims, and filing a lawsuit is difficult. Therefore, you should consult an experienced truck accident attorney like in other personal injury cases.