Sometimes proving liability is fairly straightforward after a truck accident. For example, if the trucker was drunk, failed a breath test, and admitted to being intoxicated, there should be plenty of strong evidence to prove fault. But if poor road conditions were to blame for your crash, proving liability may be far more complicated.
This is where a seasoned truck accident attorney can help. A skilled lawyer can perform a thorough investigation to identify all potential sources of compensation. Depending on the circumstances, you may have grounds for a claim against one or more of the following parties:
- A Government Agency
Because municipal and state agencies are responsible for maintaining the roads, they may be held liable for any truck accidents that result from their failure to do so. These agencies not only must implement safe traffic patterns but also must address any dangerous conditions within a reasonable timeframe. This includes filling potholes, repairing stoplights, installing stop signs, adjusting speed limits, replacing crumbling concrete, and posting warnings about potential hazards such as blind driveways and crosswalks.
- A Vehicle or Parts Manufacturer
Tractor-trailers and their many components must be able to withstand a lot of wear and tear. If manufacturers fail to consider the kinds of conditions that truckers are reasonably certain to encounter on the road, their vehicles might be unsafe to operate. And if an accident occurs as a result, those who are injured may have grounds for a claim against the vehicle or parts manufacturer or designer.
- Another Motorist
When driving conditions are unsafe, everyone on the road must adjust their behavior accordingly. If you were involved in a crash because a motorist failed to adjust his or her performance to poor road conditions, you might have grounds for a claim against that driver.
- The Motor Carrier
Motor carriers can be held liable for accidents that are caused by a failure to adequately maintain their fleet. For example, the tires on their vehicles should be able to withstand striking a pothole at a relatively high speed. If a tire is overused, a single section of weathered concrete could be more than it can handle. And when the blowout and subsequent accident occur, the motor carrier and/or maintenance contractor may be liable for the resulting damages.
Call 212-980-6800 to Discuss Your Case with a New York City Truck Accident Attorney
If you were hurt in a truck accident caused by poor road conditions, contact Charnas Law Firm to determine the most strategic way to proceed. We promise to compassionately and aggressively protect your best interests at every stage of the claims process.
Attorney Scott Charnas represents accident victims throughout both New York and Massachusetts. Rated a Super Lawyer, Scott has won numerous six- and seven-figure settlements and verdicts on behalf of his clients. Call 212-980-6800 or fill out our Contact Form to schedule a free consultation with a truck accident lawyer in New York City.