Almost a month ago,
a tractor trailer accident on I-90 caused a large amount of trash and diesel fuel to spill onto the highway.
Highway lanes were closed in both directions and thankfully no person
was injured. The cause of the crash was not reported in the initial news story.
Experienced Newburgh, New York commercial vehicle accident attorneys know that accidents such as that which is described above usually end
up with personal injury. In makes sense that such is typically the case;
tractor-trailers are very large and heavy, especially in comparison to
other vehicles on the road. Thankfully, it was a lucky day when that truck
roadway accidents where tractor-trailers collide with cars, the big rig will always win.
This does not mean that the trucker will arise from the cab uninjured;
rather, it means that the vehicle driver and passengers will most likely
have more serious injuries, are more likely to get killed, and the smaller
car will most likely sustain more damage.
Since big rigs can be so deadly, special rules and laws apply to their
use on New York roadways. Now of course, the trucking company will most
likely be insured and such is a source of compensation. But what if the
vehicle drivers and passengers suffered serious injuries that which caused
damages in excess of insurance policy limits?
The short answer is that the
injured commercial vehicle accident victims can sue the negligent parties for compensation.
What if the truck driver was using his own rig when he was hauling the
load for the company? The truck driver himself or herself can be hauled
into court, and so too can the company he or she works for. The concept
is known as respondeat superior, which means, let the master answer. Employers
are accountable for the actions of an employee, including those negligent
actions that lead to roadway accidents.
You know what you can do after an accident is caused by a tractor-trailer;
sue the driver and company. But such does not help keep one safe on the
road. So what can be done to keep oneself safe on New York roadways?
Of course, obey all traffic laws by following the speed limit and by driving
sober, among other things. But in regard to tractor-trailers, do not follow
them too closely. If you cannot see their mirrors, then they probably
cannot see you either. Also, do not pull in front of big rigs too quickly
or closely, a truck that size simply cannot react quick enough to avert a
truck accident. If a tractor-trailer is driving erratically, keep a safe distance; let
the truck pass if need be. Driving down a highway is not a competition;
it is simply a route upon which one rides to safely make it to a destination.
Learn more about summertime vacation travel and how to prevent roadway
accidents and injuries in
our latest article posted here. Read more about summertime bus accidents and bringing your claim in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.