Truck drivers on the Staten Island Expressway are responsible for numerous accidents each year. Many of these accidents cause serious injuries and some can even be fatal. This is why truck drivers face federal regulations when they are behind the wheels. Despite the additional safety measures, crashes involving trucks still occur and impact the lives of victims involved in them.
In December 2011, a woman was injured in an accident involving a dump truck. The truck rear-ended her car as she drove on the Staten Island Expressway. The 51-year old woman from Stapleton suffered multiple injuries to her neck and back, as well as a torn rotator cuff of her left shoulder and torn left meniscus. She had to undergo surgery for her shoulder and knee injuries.
Due to the losses and damages incurred from the injuries suffered in the crash, the woman was entitled to a cause of action against those responsible for the truck accident.The woman filed a personal injury lawsuit against the truck driver, the truck owner and NorthEastern Fuel. The case recently settled for $345,000.
When someone is seriously injured in a truck accident, the person liable for the injuries may have to pay damages. These damages can cover the injured party's medical bills, lost wages and other costs. In order to determine who is liable, the court will consider a number of factors. The court will look into whether the driver was behaving negligently behind the wheel. Truck drivers in particular are more likely to get into accidents on the road due to their heavy, hard-to-manage vehicle.
A person injured in a commercial truck accident should identify as many potential defendants as possible. Drivers, trucking companies, insurance companies and other parties may all be legally liable for the driver's negligence behind the wheel.
In order to have a successful case and receive damages, the plaintiff may be required to prove that the defendant or defendants owed them the duty to exercise a reasonable degree of care to avoid injury in those circumstances. They must also show that the defendants failed to exercise this reasonable care. Lastly, they must show that the failure to exercise reasonable care was the cause of the person's injury.
Source: Staten Island Live, "Driver, rear-ended by dump truck on S.I. Expressway settles lawsuit for $345,000," Frank Donnelly, Dec. 26