Speeding Truck Accidents
Truck drivers must abide by the speed limits that apply to the roads on which they drive. Speeding truck accidents may result in severe or even fatal injuries. Catastrophic injuries that may be sustained in this type of accident include amputations, burns, disfigurement, scars, broken bones, complicated fractures, traumatic brain injuries, and spinal cord injuries. If you were injured in a speeding truck accident, you should talk to our seasoned Syracuse truck accident attorneys.Speeding Truck Accidents
Truck drivers, like other drivers, must obey speed limits and other road rules, and remain conscious of road conditions such as wet or slick surfaces and snow. When a truck driver speeds, the load may shift and throw off the balance of the truck. Speeding requires a greater stopping distance and impacts the ability of a driver to safely maneuver the truck when traveling around a curve in the road.
In addition to following these traffic laws and rules, an interstate truck driver must follow Federal Motor Carrier Safety Administration (FMCSA) regulations. These intricate regulations govern hours of service, logbooks, weight, inspection and other matters. Trucking companies should ensure that their drivers abide by these regulations. For example, if a trucking company did not detect cocaine use by its driver because it did not conduct mandatory drug testing, the trucking company may be liable under a theory of negligent supervision if the drug use caused an accident.
In some situations, a third-party loading company may also bear responsibility for a speeding truck accident. For instance, if a truck jackknifed because the loading company failed to adequately secure the load, allowing it to shift in transit, those drivers and passengers injured may bring the third-party loading company into the lawsuit as well.Liability
The theory under which a plaintiff will establish liability in court would depend on the defendant and the circumstances. In order to establish a truck driver’s negligence in a speeding accident, your lawyer would need to prove it’s more likely than not: (1) the truck driver owed you a duty of reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages. A jury may perceive speeding to be a breach of a truck driver’s duty to use reasonable care. If the truck driver’s speeding caused your injuries, you may be able to establish liability and recover compensatory damages in a lawsuit. However, the truck driver’s liability insurance coverage will be limited. When an accident involves multiple injured parties, the insurance policy may be exhausted quickly. It’s important to examine the circumstances of the accident so that we can hold all responsible parties accountable.
Trucking companies may bear indirect liability for speeding truck accidents if their employee drivers negligently operated the trucks in the course and scope of employment. They can also be held directly liable for such accidents when their negligent hiring, training, or supervision of an employee results in injuries.
New York follows the rule of joint and several liability when it comes to economic damages. That means you can hold a single party accountable for all of your economic damages, even if it is only partially at fault for an accident. However, unless a party is 50% or more responsible for an accident, you can only hold it severally liable for an amount equal to its percentage of fault.Damages
If you can establish liability for a speeding truck accident, you may be able to recover compensatory damages, which covers medical bills, lost wages, out-of-pocket expenses and other economic losses arising out of the injuries. It can also include pain and suffering, loss of consortium, and loss of enjoyment.Retain a Syracuse Attorney
If you are injured or a loved one is killed in a speeding truck accident in Syracuse, you should talk to our seasoned lawyers about whether you have a viable claim. We also represent truck accident victims across upstate New York in Rochester, Oneida, Watertown, Elmira, Lowville, Oswego, Auburn, Canandaigua, Wampsville, Ithaca, Lyons, Cooperstown, Utica, Herkimer and Binghamton. Complete DeFrancisco & Falgiatano’s online form or call us at 315-479-9000.