When seriously injured by negligent truck drivers in Tarrytown, victims may pursue compensation via claims against the driver and possibly their employer.
Multiple parties might have owed you a duty of care and breached it, causing your recent accident in Tarrytown. For example, the truck driver owes you a duty to follow traffic laws and operate their vehicle responsibly. At the same time, the trucking company has a duty of care to maintain good hiring practices and ensure vehicles are safe to operate. If either party breaches their duty of care and contributes to an accident, they might try to argue that you also contributed to the crash, which could lower your total damages. Our lawyers can plan to address a comparative fault defense using evidence that shows the defendant or defendants are wholly liable. While preparing that aspect of your case, we must also confirm you pass the tort threshold for truck accident lawsuits, so prioritize building medical records that prove your serious injuries.
Call (914) 685-6950 for a free case assessment from the Tarrytown truck accident lawyers of The Martello Law Firm, PLLC.
How Duty of Care Factors into Tarrytown Track Accident Claims
Several parties might owe victims a duty of care and breach it, contributing to a truck crash. Our lawyers can help victims identify duties of care and breaches since proving these elements is essential in making financial recoveries in Tarrytown.
The Driver’s Duty
First, we can examine the driver’s duty of care and potential breach. Drivers on the road owe one another a duty to follow traffic laws and act responsibly while driving. For example, it would be a breach of a truck driver’s duty of care to drive over the speed limit in Tarrytown, as this could endanger others on the road.
Truck drivers commonly breach duties of care by making improper turns, lane changes, or negligently merging. Speeding and driving drowsy are other common breaches among negligent truck drivers in Tarrytown.
Truck accidents are not always due to a truck driver’s negligence but another driver’s. For example, a negligent passenger car driver might dart out in front of a truck on the highway, causing the truck driver to react and swerve into your lane, hitting you. In these situations, the original passenger car driver who initiated the accident might be to blame.
The Trucking Company’s Duty
In addition to the truck driver, the company that employs them owes you a duty of care. This duty differs from the one the truck driver owes you. It includes a responsibility to maintain appropriate hiring practices and routinely perform maintenance on vehicles to ensure they are in good working condition. Because of this, hiring reckless or inexperienced drivers could make trucking companies liable for accidents in Tarrytown, as can greenlighting vehicles with glaring defects or issues.
Trucking companies might encourage drivers to work overtime, meaning they drive too many hours. This could lead to drowsy driving accidents, which would also make the truck company liable.
A trucking company’s duty of care substantially diminishes if it hires independent contractors instead of regular employees. In these situations, drivers own the vehicles they use to transport goods, meaning a trucking company would not be vicariously liable for a driver’s negligence.
Comparative Negligence and Truck Accident Lawsuits in Tarrytown
Victims who do not anticipate a defendant’s use of a comparative fault defense might be surprised when their compensation might be lowered. Our lawyers can help you avoid such situations by immediately recovering evidence indicating the defendant’s liability.
New York is a pure comparative negligence state, meaning victims can recover compensation, even if they share fault for their damages. Under C.V.P. Law § 1411, if you share fault, your compensation will be lowered proportionally but not entirely barred.
Defendants might use comparative negligence defenses in an attempt to reduce the damages for which they are liable. For example, if the truck driver negligently moved into your lane when merging onto I-287 in Tarrytown, they might try to argue that you were speeding, and if you had been driving the speed limit, the accident might not have happened or might have been less severe.
Our truck accident lawyers can approach these situations in various ways, such as getting experts in accident reconstruction to review the evidence to determine crucial facts, like the speed of both vehicles at the time of impact. We can also quickly interview eyewitnesses after the accident so that we have statements corresponding with the facts outlined in your claim.
Overcoming the Tort Threshold for Tarrytown Truck Accident Lawsuits
As many drivers in Tarrytown know, New York mandates personal injury protection coverage for all drivers in case of an accident. You can sue for additional damages, including non-economic losses if your injuries are serious enough.
Victims need to meet a tort threshold to sue for most auto accidents, excluding motorcycle accidents. Under I.S.C. Law § 5104, victims do not have cause to sue unless they have sustained a basic economic loss or a serious injury, as outlined in § 5102(d). Injuries that meet the tort threshold include any that cause death, significant disfigurement, dismemberment, a fracture, loss of fetus, and others, including some non-permanent injuries.
You must have enough medical records proving your injuries to overcome the tort threshold for your case and hold a negligent driver and possibly their employer liable. In light of this, victims should prioritize their physical health above all else after an accident. Photograph your injuries as they are at the scene and accept onsite treatment from paramedics. Those immediate medical records can help connect your injuries to the accident and document your initial diagnosis.
In addition to those initial records, you will need continuous treatment to confirm your injuries. Our lawyers can help you get copies of your records throughout your treatment and organize them so we can easily refer to them throughout your case.
Call Us Today to Discuss Your Recent Truck Accident in Tarrytown
Call The Martello Law Firm, PLLC at (914) 685-6950 to have our truck accident lawyers assess your case for free.
