Queensbury NY Truck Accident Lawyers

Commercial motor vehicles make up a significant portion of the traffic that Queensbury residents see everyday on state highways such as the I-87 Northway, Route 9, and Warren Street. Semi-trailers are an indispensable part of northern New York’s economy. But these trucks also pose a significant risk of injury or death to others in the event of a multi-vehicle accident.

We have all seen news reports of an overturned tractor-trailer causing a dozen or more vehicles to crash in its wake. Such catastrophic events are often the result of negligence on the part of the truck driver and other parties with legal responsibility for the vehicle and its cargo. Larson & Gallivan Law is a boutique Queensbury NY truck accident firm that represents victims of such preventable crashes. If you, or someone that you care about deeply, has been killed or seriously injured in a truck accident, we can represent you in seeking financial compensation for your losses.

How Negligence Leads to Serious Commercial Truck Accidents in New York

You do not need to be an expert in traffic accidents to understand the inherent risks of an 18-wheeler colliding with a passenger car, truck, or minivan. The size and weight disparity alone clearly demonstrates the danger. The occupants of the smaller passenger vehicle are far more likely to sustain serious, life-threatening injuries than the person driving the truck.

When a truck accident does occur in Warren County, it is critical to fully investigate all of the circumstances and parties involved. Such investigations generally begin with the commercial truck driver. While not always true, it is often the case that truck driver negligence was the immediate cause of the accident. This can happen for many reasons, including the following:

• Distracted Driving: Truck drivers are just as susceptible to the distractions of the modern world as any other motorist. A trucker whose attention diverts to their phone, radio, or GPS system, for even just a second can cause a fatal accident.
• Fatigue: It has long been understood that driver fatigue is one of the major causes of commercial trucking accidents in the United States. For this reason, interstate truck drivers must follow strict federal hours of service rules that limit how long they can spend behind the wheel without stopping to rest or take a break. Truckers who try to “push through” these limits are mare more likely to cause a truck accident due to simple fatigue.
• Reckless Driving: This is not just a truck driver issue. Many motorists engage in unsafe driving behaviors in-and-around commercial trucks, such as changing lanes directly in front of a tractor-trailer or operating in a trucker’s blind spot. Of course, truck drivers can also cause an accident through their own reckless behavior, particularly if they are rushing in order to keep a tight delivery schedule.
• Maintenance Issues: A truck driver is not the only person responsible for the safe operation of an 18-wheeler. The company that owns the truck must follow perform inspections and maintenance on the vehicle, including replacing any defective or recalled parts. And if a commercial truck accident is the result of a maintenance defect, the companies that performed such maintenance may also be liable to the victims for their injuries.
• Improper Loading of Cargo: A commercial truck does not just include the cab. It also includes the trailer containing valuable cargo. The people and companies responsible for loading that cargo must do so in a manner that complies with federal safety regulations. Failure to properly load–and secure–a truck’s cargo can cause the vehicle to suddenly shift weight while in transit. In turn, this can lead the truck driver to lose control of the vehicle and cause an accident.

Personal Injury Damages vs. No-Fault Benefits in a New York Truck Accident Case

New York is among the minority of states that require drivers to carry no-fault insurance as part of their auto coverage. This provides personal injury protection (PIP) benefits in the event of a motor vehicle accident. Unfortunately, these no-fault benefits are largely limited to covering medical expenses and limited wage replacement coverage. They do not fully compensate an accident victim for their economic and non-economic losses.

In cases where an accident causes death or serious injury, however, the victims can pursue a personal injury lawsuit outside of the no-fault system. Many commercial trucking accidents meet this serious injury standard. For example, if you suffered a bone fracture, permanent disfigurement, or the loss of an organ or body part in a truck accident, you can sue the negligent truck driver, truck owner, and other defendant without regard to your own no-fault insurance.

Compensation in a personal injury claim following a truck accident can include any or all of the following:

• your past, present, and future medical bills;
• your lost wages and diminished future earning capacity;
• your rehabilitation and long-term care needs;
• repair or replacement of your damaged vehicle and other personal property;
• non-economic damages to cover your pain and suffering and the effects of permanent disfigurement;
• in cases of egregious conduct, such as drunk driving, punitive damages;
• in cases where a victim dies from their injuries, compensation for that wrongful death payable to the victim’s estate and family.