New York Lawyer for Truck Accidents Due to Poor Road Conditions
Every New Yorker occasionally faces poor road conditions. In some cases, these conditions emerge because the party responsible for maintaining the road has been negligent in their duty. At other times, mother nature is the culprit. New York is home to long winters and icy conditions that make traveling inherently dangerous. Either way, poor road conditions require motorists to take extra precautions when operating their vehicles.
For most drivers, slowing down or stopping when they encounter unfavorable conditions is the obvious thing to do. However, rather than taking reasonable precautions, commercial truck drivers often let the pressure of their busy schedules dictate their actions. As a result, their negligent driving can lead to unnecessary accidents that cause devastating injuries.
If you have suffered injuries in a truck accident involving poor road conditions, you might be eligible to claim compensation for your losses. The experienced New York truck accident attorneys of Hach & Rose, LLP will work to hold the responsible party accountable so you can recover what you deserve. Contact us today at (212) 779-0057 or through our online form for a free consultation to learn more about how we can help you.
What Types of Poor Road Conditions Lead to Accidents?
While poor road conditions come in many forms, they all tend to fall into one of two broad categories: poor maintenance and inclement weather.
When New York’s roads and highways do not receive the maintenance they need to remain functional, they can suffer from signs of damage, such as potholes and cracks. The worse these flaws in the road’s structure become, the more likely they are to cause accidents. When truck drivers hit a pothole or a large crack in the road, they can easily lose control or blow out a tire, causing them to collide with another vehicle. This loss of control could also cause a truck to roll over smaller cars. Alternatively, the collision might occur when the trucker swerves to avoid the damaged area.
Most New Yorkers are adept at navigating snowy and icy roads. However, many truckers are native to parts of the country whose highways do not often have freezing conditions. Commercial trucks’ heavy cargo loads require at least twice as much space as a passenger vehicle needs to come to a full stop, and inexperienced truck drivers might not realize that this distance grows exponentially on an icy roadway. Furthermore, the inability to manage limited visibility in a snowstorm can easily lead to rear-end collisions with devastating consequences.
Who Is Liable for a Truck Accident Involving Poor Road Conditions?
Determining liability in an accident involving poor road conditions can be a complicated matter. These cases can involve multiple at-fault parties. Understanding who is liable is vital, as each party might have a different statute of limitations for beginning personal injury action. Some of the most common liable parties in an accident involving poor road conditions include:
- A government body – The city, county, or state might be liable for your accident-related injuries if the crash occurred due to poor road maintenance, including a failure to clear snow or ice promptly. Proving that a government body bears liability for the collision entails demonstrating that they did not address an issue they knew or should have known was dangerous. Alternatively, you will need to show that the government body created or worsened the hazardous condition.
- The trucker – All drivers in New York are responsible for taking precautions to avoid dangerous roadway conditions. Furthermore, federal and state law requires commercial drivers, in particular, to exercise extreme caution in inclement weather. They must not operate their vehicles unless they can do so safely. If a truck driver loses control of their vehicle because they didn’t avoid dangerous road imperfections or snowy weather, they can be held responsible for failing to take reasonable precautions.
- The trucking company – Trucking companies often bear responsibility for the actions of their employees when they are on the clock. As such, they may be liable for any negligent acts the trucker has committed within the scope of the business. The company may also bear responsibility if poor maintenance or unrealistic delivery deadlines contributed to the collision.
- Another motorist – Because all motorists must use reasonable care when operating their vehicles in poor road conditions, the failure to do so can make them liable for a truck accident. If a driver loses control of their car and causes a trucker to overreact to their mistake, both drivers may bear responsibility for the accident.
What Compensation Can I Seek for Injuries from Truck Accidents Involving Poor Road Conditions?
Injuries from truck accidents can turn your life upside-down in an instant. In addition to the intense pain your injuries can cause, you may also face severe financial and psychological consequences. If poor road conditions contributed to injuries you suffered in a truck accident, the experienced truck accident attorney of Hach & Rose, LLP could work with you to recover compensation for losses such as:
- Medical bills
- Lost wages due to missed time at work
- Reduced earning potential due to disability or disfigurement
- Home assistance if you are unable to clean your house or look after your children
- Transportation and accommodation if you need to travel for treatment
- Physical and occupational therapy
- Mental health therapy
- Pain and suffering
- Loss of enjoyment of life
If you have lost a loved one in a truck accident due to poor road conditions, our legal team can file a wrongful death claim on your behalf.
Contact an Experienced New York Truck Accident Attorney
Filing a claim for a truck accident that involves poor road conditions can be complicated. Insurance companies and other drivers may attempt to pin the blame on you. You need experienced legal representation to fight for your best interests. The skilled and knowledgeable New York truck accident attorneys of Hach & Rose, LLP will work tirelessly to hold the at-fault party or parties accountable for their negligence. Call us today at (212) 779-0057 or contact us online for a free consultation to learn more about your legal options.