People often say large trucks are the most dangerous things on the road. I disagree. Most of the time, trucks don’t cause accidents. Usually, it’s irresponsible truck drivers that are to blame for putting others in harm’s way.
WHAT ARE SPEEDING AND AGGRESSIVE DRIVING?
Two of the worst forms of irresponsible truck driving are speeding and aggressive driving. Aggressive driving is when a driver makes unreasonable maneuvers without regard for the safety of others on the road. It includes things like:
- Weaving in and out of traffic
- Blocking other cars from changing lanes
Speeding and aggressive truck driving is incredibly dangerous because of the sheer size and weight of the average large truck. When irresponsible truck driving causes an accident, the victims should do everything in their power to hold the at-fault parties responsible.
WHAT ARE THE OPTIONS FOR COMPENSATION IN NEW YORK?
There are a few options in this state. For more minor injuries, personal injury protection benefits are great. They cover up to $50,000 of an insured driver’s monetary expenses without considering who caused the accident. Unfortunately, truck accidents aren’t usually minor. Drivers with serious injuries can usually file an insurance claim with the at-fault party’s insurance company or take the other party to court by filing a lawsuit.
This is where things can get complicated. First, with truck accidents, it’s not just the driver that can be held responsible. In New York, there is a concept called vicarious liability that makes employers liable for their employees’ irresponsible acts while at work. In these cases, you have to figure out who is responsible so you sue the right people or file a claim with the right insurance company. And once you know what parties to pursue, third-party claims and lawsuits still present their own unique challenges.
With a third-party insurance claim, an insurance claims adjuster investigates the claim and determines who is at fault and who is responsible for paying what. The challenge is that the insurance adjuster works for the insurance company, and the insurance company doesn’t want to pay out if they can help it.
Lawsuits are even more complicated. They involve complex procedures and make the driver responsible for proving the other party was at-fault. With speeding and aggressive truck driving, the good news is that there’s a lot of great evidence available. For example, many trucks have what’s called an electronic logging device that keeps records of a truck’s speed. The trouble is that gathering this evidence is hard if you’ve never done it before. And once you have all the evidence, you still have to make a strong case in court.
Fortunately, you don’t have to do it alone. If you or a loved one has been involved in a truck accident caused by speeding or aggressive driving, contact Rosenblum Law for a free, no-obligation consultation. Our dedicated team of attorneys has decades of experience keeping irresponsible truck driving in check by making sure our injured clients are justly compensated.