Truck accidents are some of the most catastrophic incidents that can happen on roadways. These accidents often result in severe injuries, fatalities, and extensive property damage. If you have been involved in a truck accident in New York, it is essential to understand the legal principles of liability. In this blog post, we will provide a comprehensive guide to help you understand liability in a truck accident in New York.

1. Understanding Liability in a Truck Accident

Liability in a truck accident refers to the responsibility of the individual or entity (such as the trucking company) that caused the accident. In New York, liability is based on the principle of negligence. Negligence refers to the failure to exercise reasonable care that a reasonable person would have exercised under similar circumstances. Therefore, if the truck driver or the trucking company was negligent, they could be held liable for the accident's damages.

2. Potential Parties to the Lawsuit

Several parties could be held liable for a truck accident in New York, including the truck driver, the trucking company, the truck manufacturer, and the loading company. In some cases, multiple parties may share liability for the accident. For example, the truck driver could be liable for driving under the influence of drugs or alcohol, while the trucking company could be held responsible for failing to maintain the vehicle or hiring unqualified drivers.

3. Damages in a Truck Accident

Victims of a truck accident in New York can pursue compensation for both economic and non-economic damages. Economic damages refer to damages that can be quantified, such as medical expenses, lost wages, and property damage. On the other hand, non-economic damages refer to damages that are more subjective, such as pain and suffering, emotional distress, or loss of enjoyment of life. An experienced attorney can help you determine the damages you should pursue in your truck accident case.

4. Comparative Negligence in New York

Comparative negligence is a legal principle that determines each party's degree of fault in an accident. New York is a comparative negligence state, which means that if a victim shares a percentage of fault for the accident, their damages will be reduced by that percentage. For example, if a victim is found to be 30% at fault for an accident that resulted in $100,000 damages, their compensation will be reduced by $30,000.

Being involved in a truck accident is a traumatic experience that can result in significant physical, emotional, and financial damages. However, understanding liability in a truck accident in New York can help victims pursue the compensation they deserve. If you have been involved in a truck accident, it is essential to consult with an experienced attorney who can guide you through the legal process and help you recover the maximum compensation available. Contacting a New York personal injury attorney is a critical step in protecting your legal rights.