When Is a Loading Crew Responsible for a Truck Accident in New York?

Lever & Ecker, PLLC July 17, 2023 Truck Crash

Truck accidents can be caused by many factors, including driver error, negligent driving, driver inexperience, improper training, equipment failure, severe weather, and poor road conditions. However, one often overlooked factor in truck accidents is the role of the loading crew. These individuals are responsible for loading and unloading cargo from trucks, and if they fail to do their job properly, it can lead to devastating or even fatal accidents. With representation from an experienced truck accident lawyer, victims can seek compensation for accident injuries caused by an improperly loaded truck.

The award-winning lawyers at Lever & Ecker, PLLC, will investigate your truck accident to obtain evidence of negligence, such as improper loading procedures. We have 65+ years of combined experience fighting for justice on behalf of truck accident victims and are prepared to pursue the compensation you deserve.

Loading Crew Liability in New York Truck Accidents

Loading and unloading a truck is a critical part of the transportation process. The loading crew is responsible for ensuring the cargo is loaded securely and that weight is distributed evenly. They are responsible for following proper safety protocols and adhering to industry standards to ensure safe transport and prevent accidents.

The loading crew can be held liable for a truck accident if their negligent actions contributed to a collision in New York, such as by:

  • Overloading or uneven loading: Overloading a truck or improperly distributing the weight of the cargo can cause a truck to become unstable during transit, leading to rollover or jackknife accidents.
  • Improperly securing cargo: Cargo that is not properly secured can shift during transit, causing objects to fall off a truck and causing an accident due to road debris. This is especially dangerous on high-speed roadways where vehicles cannot avoid fallen cargo.
  • Failure to follow safety protocols: Loading crews must follow state and federal motor carrier regulations to prevent accidents. Failing to do so may be catastrophic.

To prove loading crew liability, you must show that their actions directly contributed to your accident. The experienced lawyers at Lever & Ecker, PLLC, can gather evidence of a violation of a duty of care to support your claim.

Recoverable Compensation for a Truck Accident in New York

In a successful truck accident claim, you may recover several economic and non-economic damages in New York, such as:

  • Pain and suffering (past and future)
  • Lost wages (past and future)
  • Medical expenses
  • Loss of earning capacity
  • Property damage
  • Emotional distress
  • Punitive damages

As a no-fault state, when it comes to truck accidents in New York, you may have to turn to your own insurance company for payment of your medical bills and lost wages, depending on the circumstances of your accident. However, if you suffered serious injuries, you may pursue a claim for your bodily injuries and associated damages.

Seeking the legal guidance of a truck accident lawyer increases your chances of success. Contact Lever & Ecker, PLLC, for a free consultation to help you understand your legal options. We are here to help you navigate this complicated process.

Contact the Truck Accident Lawyers at Lever & Ecker, PLLC

If you suffered truck accident injuries caused by loading crew negligence in New York, the award-winning lawyers at Lever & Ecker, PLLC, can hold responsible parties accountable for their actions. With over 65 years of experience, we know how to navigate the legal process on your behalf to recover the compensation you deserve.

With a 99% success rate, we are prepared to fight your case to trial if necessary. Speak with one of our New York truck accident lawyers today by calling (914) 288-9191 or (718) 933-3632. You can also fill out a contact form to arrange your free consultation.

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