New York is one of only 12 states that follows a pure comparative negligence standard for personal injury. Under this statute, an injured party can recover damages from anyone who has a measure of fault in an injury-causing incident.
After a truck accident, multiple parties could have liability, which could increase the potential settlement for injured parties. Any of the following persons or entities might be responsible and liable for damages.
The truck driver
The driver’s actions are often one of the causes behind the accident. Reckless or distracted driving could be the reason for the wreck. Also, a driver might not have obeyed the limits for hours on the road for a commercial driver.
An injured party should also determine if the driver was under the influence of a substance that would affect their performance. Plaintiffs should know that the legal alcohol limits for truck drivers are stricter than for operators of passenger vehicles.
The driver’s employer
The trucking company may bear responsibility for a crash as well. Managers or supervisors might have violated rules regarding hiring practices or training that allowed an unsafe driver on the road. If companies push drivers to break laws or exceed their hours, the organization can bear a portion of the blame.
A vehicle or parts manufacturer
An accident may result from a vehicle malfunction or defective part. If a manufacturer does not take the appropriate steps to recall a part or correct a defect, that company could also be liable for damages from accidents that occur due to the flaw.
After a truck crash, the facts can help determine who should pay for damages. Carefully reviewing all of the evidence helps claimants pursue maximum compensation.