Proper cargo loading ensures that large trucks are safely balanced to prevent rollovers, jackknife accidents, and loss of steering control. If you were injured in an accident involving an improperly loaded semi-truck, pinpointing the liable party could help you understand your legal options.
A truck accident lawyer in New York can explain more about liability in semi-truck accidents and compensation options.
Understanding New York’s No-Fault Insurance Laws After Truck Accidents
The Federal Motor Carrier Safety Administration reported that in 2022, there were approximately 503,000 police-reported crashes involving large trucks. Around 1% of those crashes were fatal (5,279), and 23% led to injuries (114,000).
While pinpointing a liable party can be helpful in some truck accident cases, minor crashes often fall under New York’s no-fault insurance laws. This means that you may seek compensation through your own insurance coverage rather than the at-fault driver’s insurance.
If your accident meets New York’s “serious injury threshold,” you may be eligible to pursue additional compensation from the at-fault party. This is when you may explore making a case against the liable party or filing a truck accident lawsuit.
Exploring Liability in a Serious Truck Accident Involving Improperly Loaded Cargo
Determining truck accident liability can help you understand your options for pursuing compensation after an accident. Several parties may be liable for improperly secured cargo, such as:
- The truck driver, for failing to load cargo correctly before driving the vehicle
- The trucking company, for encouraging overloading or failing to conduct adequate employee training about cargo securement requirements
- A loading facility or third-party warehouse responsible for loading or distributing the freight
Truck companies often assume vicarious liability for their drivers and workers. This means that even if the driver was technically responsible for the unsecured load, you may pursue a case against the company itself.
Under New York’s modified comparative negligence laws, multiple parties can share liability for a truck accident. Each party’s compensation award would be reduced by their percentage of fault, and any party more than 50% at fault for the accident would be barred from seeking compensation.
Contact a New York Truck Accident Lawyer
If you want to maximize your truck accident compensation, it is important to explore all legal avenues. At the Wohlgemuth Law Firm PLLC, our trucking accident lawyers represent accident victims throughout the compensation process.
To learn more about who may be liable for your accident or if you are seeking legal representation, contact our truck accident lawyers in New York today at (718) 474-9100.
Frequently Asked Questions
How do you prove liability in a truck accident caused by improperly loaded cargo?
You can support liability determinations in truck accident cases with evidence such as accident videos, cargo loading logs, photos of the accident scene, black box data, and witness testimony.
Who is responsible for the loaded cargo on a truck?
Multiple parties may be responsible for actually loading cargo onto a truck, such as the truck driver, motor carrier, or a third-party loader.
What is the number-one cause of trucking accidents?
The prevailing cause of trucking accidents is human error. Improper loading is an example of human error that can cause serious accidents.
