Call Today 315-741-5946

Experienced, Reliable and Responsive Representation

With more than 30 years of trial experience, attorney Terry J. Kirwan provides seasoned counsel and advocacy to individuals and business owners in Upstate New York.

Complications in truck accident lawsuits in New York

On Behalf of | May 16, 2023 | Personal Injury |

Truck accidents have additional factors that make them more complicated than car accidents. Companies usually have legal teams that are ready to defend them. A thorough investigation into the truck’s condition to determine who was liable might be necessary.

Negligent parties

The truck driver might not be the person who’s liable for the accident. Other potentially liable parties are the truck company, truck manufacturer or loading company. It usually requires an investigation to piece together all factors to have a better idea of the true liability.

Prepared for lawsuits

Truck companies are usually well prepared to face lawsuits. This makes it more challenging for the average person to handle a claim independently. A common strategy is to offer a settlement. This might seem like a good idea, but you may not know the full extent of your damages. Some medical issues show up a few weeks after the accident.

Major difference in vehicle size

Because 18-wheelers are much larger than passenger cars, they cause more damage and injuries. The fatality rate is higher in truck accidents too. The maximum weight of a commercial vehicle is 80,000 pounds, but in some situations, a truck weighs more because of special permission. The average passenger car is 5,000 pounds.

Hazardous material

Some commercial vehicles carry hazardous material that could cause anyone who comes into contact with it to fall ill or suffer an injury. An explosion or fire could also occur at the accident scene.

Social media use

Posting about the truck accident on social media could cause complications with your lawsuit. For instance, if you post a photo of the scene of the accident and reassure people that you’re fine, the opposing legal team could use this against you to decrease the damages they owe you.

Truck accident claims are complex because they require a deeper investigation to find who’s at fault. If the truck driver didn’t make any mistakes, the loading company or manufacturer might be liable. What you say on social media and to news organizations will also affect your case.

FindLaw Network