We tend to think that big rigs are the most dangerous trucks on the road, when the reality is that all types of trucks can cause devastating accidents if truck drivers are not careful behind the wheel. If you have been injured or if you have lost a loved one in an accident caused by a truck driver’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse truck accident attorneys can assess the merits of your case and help you understand your rights.
A civilian employee of the New York City Police Department was recently killed in an accident on a local expressway when a spare tire fell off a truck and smashed into his car, according to law enforcement.
The victim was traveling east on the Gowanus Expressway in Brooklyn early in the morning when a garbage truck traveling in the opposite direction had a rear tire that suddenly became unhinged. The tire flew over the center median and struck the victim’s windshield, at which point the car crashed into the median. The victim, who was found unconscious and unresponsive, suffered severe head trauma and was pronounced dead shortly thereafter at a nearby hospital.
Sadly, this is not entirely uncommon. Just last month, another New York driver died when a tractor-trailer lost a tire on a Long Island expressway. These cases raise an important question: who is liable for injuries or death when a spare tire falls off the vehicle and causes an accident?
Most likely, it will be the driver of the vehicle whose spare tire fell off. This is because every driver has an obligation to use reasonable care behind the wheel to minimize the risk of harm to others on the road. Reasonable care is defined as how a competent or prudent person would act in the same situation. In the aforementioned case, the driver of the garbage truck had an obligation to make sure that the spare tire was secured onto his vehicle so that it would not fall off.
In addition to the driver, the trucking company that employed the driver may also be liable for the accident and resulting harm if the accident took place while the driver was “on the job.” In other words, the negligent truck driver’s employer may also be on the hook if the accident took place within the scope and course of employment.
These types of accidents can lead to devastating injuries. For this victim, the spare tire falling off the garbage truck led to his death. When a person dies due to the negligence of another party, New York law allows certain surviving family members to recover compensation for their losses through a wrongful death claim. Damages in these cases depend on the facts of the specific case. Typical damages include funeral and burial costs, medical bills related to the death, the value of the support and services the deceased person provided to family members, lost inheritance by surviving children, and more.
If you have suffered an injury or if your loved one has been killed in a preventable truck accident, you need to speak to a skilled Syracuse truck accident attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping you resolve your personal injury case favorably and compassionately. Call us today at 315-479-9000 or contact us online.
More Blog Posts:
Speeding Collisions in New York, Syracuse Personal Injury Blog, July 30, 2018
Stairway/Staircase Falls in Syracuse, Syracuse Personal Injury Blog, July 23, 2018
The Process of Filing a Medical Malpractice Lawsuit in Syracuse, Syracuse Personal Injury Blog, July 16, 2018