Key Takeaways
- A truck driver, motor carrier, vehicle owner, or another party may be responsible if their conduct contributed to a truck crash.
- Driver logs, inspection records, and electronic data can help establish what happened, but some electronic evidence may be lost if no one acts to preserve it.
- Claims involving the State or the New York State Thruway Authority have specific procedures and may be subject to short deadlines.
After a truck accident on the Thruway in Cheektowaga, identifying who is responsible takes more than reading the company name on the truck. The driver, motor carrier, vehicle owner, or another party may bear responsibility, depending on what caused the collision.
Why Are Truck Crashes Common on the Thruway and Kensington Expressway?
A truck traveling through an interchange faces different risks than one on an open stretch of highway. On I-90 and NY-33, vehicles entering, exiting, slowing, and changing lanes may move close to a tractor-trailer’s blind spots.
Common crash patterns include the following:
- Blind-spot crashes: A truck and a car collide during a lane change when one vehicle is in the other driver’s blind spot.
- Rear-end collisions: Traffic slows, and a driver cannot stop in time.
- Jackknifes: A trailer swings out after sudden braking or a loss of traction.
- Wide-turn crashes: A trailer swings into an adjacent lane or curb space.
- Chain-reaction crashes: An abrupt stop leaves following drivers too little room to react, causing multiple collisions.
Who Can Be Held Responsible for a Truck Accident in New York?
More than one party may share fault in a truck accident, but the evidence must connect each party’s conduct or legal responsibility to the crash. Depending on the circumstances, a claim may involve the following parties:
- The truck driver: A driver may be responsible for speeding, distraction, an improper lane change, or following too closely.
- The motor carrier: Under the legal doctrine of respondeat superior, a company can be responsible when its employee causes a crash while performing work duties.
- The vehicle owner: The vehicle’s owner may be responsible for injuries caused by the driver, even without proof that the owner was negligent.
- A broker or shipper: A broker or shipper may be responsible for its own negligence, such as an unsafe loading decision or negligent selection of a carrier.
- A maintenance contractor or parts manufacturer: Negligent repairs or a defective part may contribute to a mechanical failure.
How Do Hours-of-Service Rules Affect Fault?
Fatigue is a relatively common cause of crashes: Federal hours-of-service rules limit driving and on-duty time for covered drivers, and when drivers break these rules, their physical and mental exhaustion may affect their acuity and reaction speed behind the wheel.
Hours-of-service records, electronic logging devices (ELDs), dispatch instructions, delivery schedules, fuel receipts, and communications with the carrier can also help establish the driver’s work and rest timeline.
What if the Crash Involved a Thruway Authority Vehicle or Road Condition?
Claims against public entities can have different procedures and shorter deadlines than claims against private parties. For instance, for many negligence claims against the State, Court of Claims rules require a claim or notice of intention within 90 days.
The New York State Court of Claims generally hears claims for damages against the State and certain state-related entities, including the New York State Thruway Authority.
How Quickly Do You Need to Preserve Truck Evidence?
Start preserving evidence (photos of the crash, correspondence with insurers, police reports, etc.) as soon as practical after addressing your immediate safety and medical needs.
A preservation request to the relevant parties should identify the truck, driver, carrier, and crash date, time, and location. Depending on the vehicle and its systems, your request may ask for the following pieces of evidence:
- ELD data
- Engine control module or “black box” data
- Dashcam footage
- Dispatch messages and communications with the carrier
- Inspection and repair records
- Cargo weight and loading information
You can also keep photographs of the vehicles and scene, medical records, witness contact information, and notes about what you remember. Record the truck’s license plate, company name, trailer number, and any visible fleet or unit number.
Frequently Asked Questions
How long do you have to file a truck accident lawsuit in New York?
Most truck accident injury lawsuits must be filed within three years of the crash. Shorter deadlines can apply when a government vehicle or public road is involved; some claims require a claim or notice within 90 days. Wrongful death claims generally must be filed within two years of the date of death.
Does no-fault insurance cover injuries from a truck accident?
New York no-fault insurance generally pays up to $50,000 per person for basic economic losses, such as medical bills and lost wages, regardless of who caused the crash. To seek compensation for pain and suffering from the trucking company or driver, you generally must show a serious injury as defined by New York law.
Can you still recover compensation if you were partly at fault for a truck crash?
Yes. New York follows a modified comparative negligence rule for motor vehicle accidents, so if you are found 50% or less responsible for the car accident, you can still recover compensation, and your total damages will be reduced in direct proportion to your share of the fault.
Should you talk to the trucking company’s insurance adjuster after a crash?
Be cautious. The trucking company’s insurer may contact you soon after the crash and ask for a recorded statement. You are not required to give a recorded statement to the other side’s insurer, and what you say may be used to dispute fault or the extent of your injuries.
Can Dan Chiacchia Injury Attorneys review a Cheektowaga truck accident claim?
Yes. Dan Chiacchia Injury Attorneys offers a free initial case review for people injured in truck accidents, including questions about liability, evidence preservation, and insurance coverage.
Cheektowaga Truck Accident Lawyers at Dan Chiacchia Injury Attorneys Can Help After a Crash With a Tractor-Trailer
A collision with a tractor-trailer can leave you facing serious injuries, multiple insurers, and questions about who was responsible. The Cheektowaga truck accident lawyers at Dan Chiacchia Injury Attorneys investigate crashes, work to preserve evidence, and negotiate with insurers. With more than 30 years of local experience and a contingency fee approach, our team can review your claim and explain your options. To schedule a free case review, call 716-648-3030 or submit our online contact form. Located in Hamburg, New York, we proudly serve clients throughout Western New York.
