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Auto AccidentOctober 17, 2019

When It Comes to Big Rig Accidents, the Driver Isn’t (the Only One) at Fault

The damage caused by accidents involving tractor-trailers is often utterly catastrophic. The reason for this probably isn’t surprising to anyone: large trucks carry much more weight due to the sheer size of their rigs. Because of this fact, semi-trucks can do a lot more harm when involved in a crash than smaller cars.

Another unpleasant fact is that many people have trouble figuring out who is directly at fault when they’re hurt by one of these large commercial vehicles. When a truck accident occurs, many parties may hold part of the responsibility, and that makes these accidents more complicated to litigate than a typical car crash in New York.


When two cars get into an accident, one of the drivers is typically held responsible for the other’s bills. When a commercial truck crashes, there are a variety of factors that might make a certain party more responsible for the accident than another. Parties that can be held liable in a trucking accident include:

  • The Driver – If the driver is found to have broken traffic laws or was acting in an unsafe manner while operating the vehicle, he can be held liable. If the driver is an independent contractor, it may be harder to hold the shipping company liable for the driver’s actions.
  • The Trucking Company – If the driver is an employee of a trucking company, the company can be held responsible for his negligent actions while on the clock.
  • The Loading Company – If the truck was improperly loaded, causing the cargo to move inside the trailer, resulting in the driver losing control, the company that loaded the cargo might share responsibility.
  • The Manufacturers of the Truck Parts – If something in the truck fails because the parts were defective, the manufacturer of the parts could be to blame for the accident taking place.
  • The Maintenance Crews – If the driver lost control due to mechanical failure as a result of poor maintenance, the maintenance crew could be responsible.

This means that it’s important to properly investigate the circumstances of the incident so you can determine who was truly responsible, either entirely or in part.


When a commercial truck accident occurs, the various parties involved (and their insurance carriers) will try to shift blame. The trucking company will try to shift blame to the driver of the truck. The maintenance crew will declare that the parts were faulty, and that the manufacturer should take the blame. Many of them might try to blame you, saying you’re not as hurt as you profess to be, or that you were the one who was negligent and is responsible for the accident.

Therefore, it is important that you have an experienced New York truck accident attorney on your side.

Without an attorney guiding you through the complex legal process, it can be near impossible to receive just compensation. Instead of overwhelming yourself with the details of a complex case, take the time you need to focus on recovery while your lawyer takes care of everything else.


Pollack, Pollack, Isaac & DeCicco, LLP is committed to providing help to people who have been involved in trucking accidents. To speak with our top NYC truck accident attorneys, contact our office toll-free at 929-223-4195.

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