Truck accidents can often be catastrophic or even deadly. The size and weight of the involved truck can lead to multiple victims sustaining harm, all with significant injuries, and all claiming against the truck driver’s insurance policy. If you have been hurt under these circumstances, it is advisable to retain an experienced Syracuse truck accident attorney who can examine all causes of the crash and bring in every party that may be responsible. At DeFrancisco & Falgiatano, we can review the facts of your case and answer any questions you may have about asserting your legal rights.
Common Injuries in Truck AccidentsEven the most common injuries that motorists tend to suffer in truck accidents can take years to recover from. Often a truck accident inflicts serious injuries to the head, neck, spine, organs, and skin. A single accident victim may also sustain multiple injuries to many different body parts.
Broken bones are very common in truck accidents, and sometimes victims sustain multiple broken bones or even complex fractures. Further, broken bones can lead to harmful complications, such as a serious condition called compartment syndrome. Head trauma can arise out of a truck accident as well, and can involve skull fractures or brain injuries. In some cases, a brain injury is a minor concussion from which a victim can quickly recover. However, a truck accident can result in significant traumatic brain injury that leads to serious and permanent cognitive challenges for the victim.
A truck accident may also lead to back injuries for the victim. Soft tissue injuries from the force of the collision are common. However, the spinal cord may be damaged as well, and this can lead to disc ruptures or even paralysis. Additionally, trauma from this kind of crash can cause internal bleeding and organ damage, which can be life-threatening.
Skin injuries can also result from a truck accident. Sometimes cuts and lacerations are minor and heal in a matter of weeks, but often they are painful and deep. Additionally, you can sustain burns in a truck collision, resulting in large scars that never fully heal on their own or disappear.
Truck Driver Liability for Common Injuries in Truck AccidentsTo recover damages for any of these common injuries following a truck accident, you will need to establish the liability of one or more other parties, and a dedicated lawyer can help. Often, truck accident victims pursue damages from the truck driver. To recover damages from a truck driver, most accident victims sue under a theory of negligence. This means they will need to show: (1) they were owed a duty of care by the truck driver, (2) breach of the duty of care, (3) causation, and (4) damages.
However, the truck driver’s insurance policy will have limits, which is why it’s wise to retain an experienced attorney who will look at all contributing causes of the accident. Parties that may be held responsible for common injuries in a truck accident include not only the truck driver, but also the trucking company, the truck manufacturer, a third-party loader, a mechanic, or another driver.
Trucking Company LiabilityA trucking company can be held directly or indirectly responsible for injuries arising from a truck accident. It may be held accountable under a theory of vicarious liability if the truck driver was an employee whose negligence caused the accident in the course and scope of their employment. A trucking company can also be held directly liable for its own negligence in hiring, training, or supervising a truck driver.
Additionally, interstate truck drivers, along with interstate trucking companies, are required to follow numerous rules that protect the motorists with whom they share the roads. Among these is the rule that a truck driver must follow hours of service rules and keep an accurate logbook. A trucking company is supposed to supervise the truck driver’s hours of service and related recordkeeping. Some companies put profits ahead of people and look the other way when they know that an hours of service falsification has been recorded in the logbook. A trucking company that encourages falsification, or knowingly looks the other way when it occurs, may be held directly liable for its negligent supervision of a truck driver who causes an accident and injuries.
Skilled Truck Accident Attorneys for Syracuse Area ResidentsIf you have suffered one of the more common injuries associated with truck accidents in Syracuse, you can discuss your situation with a seasoned trial lawyer. DeFrancisco & Falgiatano represents accident victims in Rochester, Syracuse and everywhere in Upstate New York, including in Oswego, Canandaigua, Watertown, Lowville, Binghamton, Utica, Cooperstown, Oneida, Ithaca, Herkimer, Wampsville, Auburn, Lyons, and Elmira. Call us at 833-200-2000 or contact us via our online form.