Determining Liability in Buffalo Truck Accident Cases

Determining liability in Buffalo truck accident cases is crucial. We must identify the liable party if we are going to file a claim with the insurance company and pursue a truck accident lawsuit. 

We are going to need to conduct a detailed investigation into the cause of your truck accident and collect powerful supporting evidence if we are going to establish liability for your damages. Here is more about the importance of establishing liability, who could be sued for your damages, what happens if you get blamed for causing the wreck, and the types of evidence that may be most valuable. 

The Importance of Establishing Liability

Establishing liability is arguably the most important aspect of the claims process. We must be able to show that someone else’s negligent actions are responsible for causing the truck accident injuries you suffered. To do this, we must do two things. First, we must show the elements of negligence apply as follows:

• Duty of care
• Breach of duty
• Causation
• Damages

We must also meet the burden of proof. According to the Guide to NY Evidence Article 3, Presumptions & Prime Facie Evidence, we must prove liability based on a preponderance of the evidence. Not only must the evidence we present be clear, but it must also convince the jury that the defendant is the most likely liable party.

Multiple Parties Could Share Liability for Your Buffalo Truck Accident

The investigation into the cause of your truck accident should reveal who is responsible for causing the wreck. For instance, if we recover empty or broken alcohol bottles at the crash scene, this may indicate the truck driver was under the influence of alcohol at the time of the accident. In this case, multiple parties could be sued, such as:

• The trucking company
• The truck driver
• Dram shops in violation of General Obligations Law (GOB) § 11-101

Although truck drivers are often named in both insurance and civil claims, so are trucking companies. This is, in part, because trucking companies are responsible for the actions of their drivers. However, depending on the cause of the collision, cargo loaders, the owner of the truck, safety inspectors, maintenance technicians, and even the city of Buffalo or the New York State Department of Transportation (NYSDOT) could also share fault.

New York State Comparative Fault Laws

Do not lose hope if the truck driver who hit you blames you for causing the accident. This is one of the most common ways at-fault parties attempt to escape their financial obligations. By attempting to capitalize on New York State’s pure comparative negligence laws under Civil Practice Law and Rules (CPLR) § 1411, they may be able to reduce their own monetary liability for your damages. 

However, the exact amount of compensation that will be deducted from your settlement will correlate with your percentage of liability. The language of New York State’s comparative negligence statute reads as follows:

“CVP § 1411. Damages recoverable when contributory negligence or assumption of risk is established:

In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory

negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”

Evidence That Could Help Establish Liability for Your Buffalo Truck Accident

Since the burden of proof is based on a preponderance of the evidence, the evidence we present in your Buffalo personal injury claim must be compelling. It must convince the jury that the defendant is more likely than not responsible for causing your truck accident in Buffalo. Some of the most valuable types of supporting evidence include:

• Data obtained from the commercial truck’s black box
• The trucking company’s safety records
• Testimony from expert witnesses
• Proof of the trucking company’s non-compliance with federal regulations
• Analysis from Accident Reconstructionists
• Proof of the trucking company’s lackluster training practices and driver qualifications 
• Information about vehicle defects or lack of sufficient maintenance
• Evidence of poorly designed or maintained roadways

A detailed investigation into the cause of your wreck and hiring our Towey Law car accident lawyer and technical specialists to build your case could make all the difference in your ability to get the most out of your claim.