Long Island Truck Driver Fatigue Accident Lawyer

As people driving large vehicles, tractor-trailer drivers have a responsibility to make sure that they are not endangering themselves or other drivers. However, accidents can still occur. Truck drivers are often overworked which can sometimes result in them falling asleep at the wheel. There are federal laws, that require them to have a certain amount of sleep for over-the-road truckers on tractor trailers. Laws that limit their time on the road versus time in bed are made because people were falling asleep and when that law is violated, the danger starts going up dramatically. That is why those laws are there in the first place.

If you want to know what your legal options are following a truck driver fatigue accident, consult a capable truck accident attorney that could answer your questions. A Long Island truck driver fatigue accident lawyer could devote the time and resources necessary to pursue a positive outcome for you.

Responsibility Placed on Driver Because of the Company

There are different situations where truck drivers might be held accountable on behalf of their employers. Sometimes, someone is driving a truck that is owned by their employer and then the employer is responsible for the driver’s action. There is something called respondeat superior which is basically an employer is responsible for the acts of the employees.

If the vehicle is a rented vehicle or a leased vehicle, the owner, sometimes, is not responsible past the amount of insurance, and that is something that becomes very tricky sometimes. If it is owned by the employer, then they are responsible for whatever amount that is found out against them. If they did not have a lot of insurance, then the employer could be responsible for more than the insurance amount. Grave injury only applies to workers’ compensation cases. The better situation is when someone is working for an employer directly and the employer owns the truck and is not leasing or renting the truck.

When Might a Truck Driver Be Held Responsible?

The employer is only responsible if the driver is operating the vehicle negligently in the course of their employment. As long as they are on admission for the employer, they will be covered by the employer and the employer will be responsible for the driver’s negligent actions. If they are deviating from what their job is and using the vehicle for reasons unrelated to employment, it is possible that the employer might not be responsible for their behavior. A Long Island truck driver fatigue accident lawyer could help hold the responsible party accountable.

Comparative Negligence in Fatigued Truck Driver Cases

Long Island is a comparative negligence jurisdiction which allows us on cases where one might be somewhat at fault for the accident and, also, provided there are big enough injuries, we can seek a recovery even if someone is at fault for the accident because they are able to recover whatever percentage that they find the other vehicle at fault. In New York, there is a rule that allows individuals to sue and recover all of their injury money from a vehicle even if it is not totally at fault for the accident, and a lot of Long Island truck driver fatigue accident lawyers might think of this as the 1% rule. It only applies to auto and truck cases, and what it does is if a vehicle is at all responsible, whether it is 1% or 5%, for an accident, they could be held responsible for all of the damages to someone as long as it is a motor vehicle accident.

That is different than a premises case in which if there is a certain percent of liability or lower, the defendant only has to pay that percentage of responsibility. In auto cases, as long as somebody is responsible, they are usually responsible for the whole amount. A truck could be only 5% at fault for an accident but could end up paying the majority of any large settlement because the other vehicle had small insurance and the truck had large insurance.

Value of a Long Island Truck Driver Fatigue Accident Attorney

If you have been injured due to an overtired truck driver, consult a qualified Long Island truck driver fatigue accident lawyer that could help. A skilled attorney could examine the facts of your case, and collect evidence in order to begin building your claim. A capable lawyer could devote the time and resources necessary to build a solid case for you.

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