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title: How Can You Hold a Truck Driver responsible for the Truck Accident?

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# How Can You Hold a Truck Driver responsible for the Truck Accident? 
![](https://i.imgur.com/UMzCOaG.jpg)


There is not an iota of doubt that truck accidents happen quite frequently on the roads of New York and the reasons are many. What would happen when a fatigued truck driver suddenly arrives from nowhere and crashes into your car? The law explicitly states that you should not suffer if drivers violate federal law, you can call a [**New York truck accident attorney**](https://www.godoskygentile.com/motor-vehicle-accidents/truck-accidents/) to file a case of an accident and seek compensation.  Contact an attorney to learn how to get help after the truck accident. You will get help in filing accident cases throughout New York. 

**Working for extended hours and fatigued**; Federal Motor Carrier Safety regulations are the only safety standards that truck drivers and motor carriers should follow while operating commercial vehicles.  You should reduce the number of hours that a truck driver can drive, or else feeling fatigued while driving can cause accidents. 

**Fraud Logbooks:** To try to outwit law enforcement many drivers keep two sets of logbooks, one which contains false information about the hours driven while one contains the truth. 

**Taking vehicles off the road:** Truck drivers bump small cars off the road without even realizing it.

**Road rage:**  Tailgating and other aggressive driving behavior are quite intimidating when the aggressor is driving an 18-wheel tractor-trailer.

**Speeding:** Truck drivers exceeding the speed limit can cause serious accidents, especially when they are driving in densely populated areas or on highways.

**Fatigue:** Truck drives also do not take sufficient breaks or also does not follow hours of service regulations. They can also get fatigued increasing the chance of accidents.
 
**Distracted driving:** Truck drivers using their cell phones or other devices while driving can become distracted and lose focus. 

**Overloading:** Truck drivers who overload their trucks beyond the recommended weight limit can cause the vehicle to become unstable and lead to accidents.

**Failing to signal or check mirrors:** Truck drivers who fail to signal or check their mirrors before making a turn or changing lanes can cause accidents by not giving other drivers enough warning or space to react.

**Driving under the influence:** Truck drivers who use drugs or alcohol while on the job can cause accidents and put other motorists at risk.

**Improper maintenance:** Truck drivers who fail to properly maintain their vehicles can cause accidents due to faulty brakes, steering, or other mechanical issues. 

These are a few examples of common violations and truck driver negligence in New York. It is important for truck drivers and trucking companies to follow all regulations and safety procedures to prevent accidents and ensure the safety of everyone on the road. But sometimes even though adopting safety measures also accidents do happen. Then you need to prove the driver liable for the accident. However, finding it is not easy, in this case, you need to hire a [**truck accident attorney in New York**](https://www.godoskygentile.com/blog/category/truck-accidents/). A truck accident attorney understands the law applicable to your case and how to frame charges against the driver who is responsible for the accident.

**Who is to be held responsible for the truck accident?**

One essential element to finding the fault is the principle of “negligence”. Insurance companies will find fault with the idea of negligence or driver failure in exercising duty of care. Whichever party is found careless is considered more at fault. Eyewitness accounts and citations are considered evidence of negligence. The police arriving on the scene will interview each driver, or witness and will fill a police report dependent on their professional opinion, they will also investigate any case of traffic violation that would happen before or during the accident, giving citations as required.

In truck accidents, there might not be one but several liable parties. Some accidents might happen within the truck driver's employment and the companies are held responsible for the employee's actions. Poor enforcement of policies lack of maintenance, training, and negligent hiring are all causes contributing to the company’s liability. To prove the company was at fault in the accident, you should prove that the truck company, driver and others are involved in the accident, and ultimately showing negligence.

**If you are partially at fault?**

In a truck accident case, it is the victim also who might be at fault.  There are many factors that might have contributed to the accident. It is also possible that one driver is completely at fault while the other is blameless. There are also many situations or cases where both drivers might share the blame, which does not mean there is no recovery for you. Even though you are partially at fault and the state where you are living, your eligibility will get determined by the percentage of fault and the state where you reside and where the accident takes place.

**Three negligence rules are applicable all over the State:**

● Pure contributor Negligence
● Pure Comparative Fault
● Modified Comparative Fault

All these depend on the nature and degree to which the drivers are held responsible for the accident.

**What a Truck Accident Attorney can do for you?**

Besides the type of cases a truck accident attorney takes, it is important how they handle the case. Some of the things that a truck accident lawyer should do for you is the following:

● Detect the cause of the truck accident.
● Handle the documentation claims from start to end.
● Negotiate damages with insurance companies.
● Recover the compensation that you are entitled to.


An attorney should investigate the different aspects of the case and take adequate steps to prove fault, the nature of the injuries and many other factors that include limitations on applicable insurance policies. So, the best is to hire a truck accident [**attorney in New York**](https://www.godoskygentile.com/attorneys/) to recover damages and seek compensation and justice for the victim.

  
