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What is Trucking Company Negligence?

Steven Schwartzapfel -Founding Partner Aug 29, 2016

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

Truck Driver Driving

If you have been injured in a New York truck accident, you may think that you are limited to only suing the driver who was involved in the accident. But, often this is not the case. In fact, most semi-truck accidents involve some sort of negligence on the part of the trucking company – and not just the driver. Therefore, if you have been involved in an accident and only sue the driver, you could potentially be short-changing your compensation. Trucking company acts of negligence can vary, but there are some more common than others – and often, these are the cause of trucking accidents in general.

Therefore, if you have been injured, explore all of your options first and speak with a trucking accident attorney. An attorney can help identify the responsible parties and ensure that any negligence is used in your claim.

Four Examples of Trucking Company Negligence

Trucking companies can be negligent in numerous ways, but some of the most common types of negligence include:

  • Improper truck maintenance. Trucks have tons of moving components that must work perfectly in order for a truck to remain safe. When a company tries to save money by skipping routine maintenance or using cheap replacement parts, the public suffers. Shipping companies know when they should repair their trucks, and improper maintenance is considered negligence on their part.
  • Negligent hiring practices. Trucking companies that send drivers onto the roads with their trucks should be assured that their drivers are safe and know what they are doing. Unfortunately, to meet the demands of the industry, more companies are forgoing the usual training and screening processes and hiring inadequate drivers to operate their semi-trucks. Because of this, these unsafe drivers are on the road – putting the public in danger. Companies can be held responsible for not only hiring inadequate drivers, but for sending drivers out without proper licensing or qualifications.
  • Overtired and overworked drivers. Federal laws limit how long drivers can operate a semi-truck before they need to have federally mandated breaks. When a company forces their drivers to work past those federally regulated hours, they are being negligent. Also, a company that allows their driver to drive on the road more than allowed by law – even with the driver’s consent – is operating negligently.
  • Loading and unloading improperly. The loading and unloading doctrine is a special law in New York that requires all truck insurance policies to cover injuries that occur due to negligence of loading/unloading a truck. When a trucking company has improperly loaded or unloaded a truck and that has led to an injury, the insurer must cover the losses associated with that accident.

Were You Injured Due to a Company’s Negligence?

If you were injured due to a trucking company’s direct negligence, you may qualify for compensation under the law. To get started and to explore your options, you will want to contact a trucking accident attorney in New York right away. Schedule a meeting today with Schwartzapfel® Lawyers P.C. for free at 877-737-4806 or fill out our online contact form with your legal questions.

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