Distracted driving is the cause of numerous accidents each year in New York. Sometimes, the distracted driver is operating a commercial vehicle when the accident occurs. People who drive commercial vehicles as part of their jobs may be overconfident in their driving skills, and they may become more susceptible to distracted driving as a result. If you have been involved in an accident caused by a distracted driver of a commercial vehicle, you should contact an experienced personal injury attorney to discuss your situation. In the context of commercial vehicles, there might be more than one party that could be held liable for the accident. For example, the distracted driver, the driver’s employer, or even the company that hired the driver might be found liable for the accident depending on the facts.
The Law Office of Cohen & Jaffe, LLP understands how devastating a car accident can be for victims. When a distracted driver of a commercial vehicle is the cause of an accident, our experienced personal injury lawyers know how to investigate and build a strong case to prove the liability of the correct parties. We want to guide you as you recover from your accident and seek compensation from the at-fault parties.
What Constitutes Distracted Driving?
Distracted driving was one of the top causes of car accidents in New York in 2023. Any activity that takes a driver’s attention and focus away from the task of driving will constitute distracted driving. Some common examples of distracted driving include:
- Texting
- Making a phone call
- Changing the radio
- Using a GPS
- Turning to speak with other passengers
- Not looking at the road or paying attention to your surroundings
Accidents can happen in the blink of an eye. Unfortunately, distracted drivers often react too late or too slowly to a situation, thus causing an accident. Drivers of commercial vehicles are not immune from distracted driving. In fact, someone who drives a commercial vehicle as a profession may overestimate their reaction time and let themselves become distracted on the road. Even the most experienced driver of a commercial vehicle must pay attention to his or her surroundings at all times.
Who Is Liable in a Commercial Vehicle Accident Caused by Distracted Driving?
Commercial vehicles can be seen on the road every single day. Examples of commercial vehicles include, but are not limited to, city buses, school buses, delivery vans, semi-trucks, courier vehicles, moving trucks, and taxis. Unfortunately, the people who drive commercial vehicles can become distracted and cause accidents just like any other driver.
If you were in an accident caused by a distracted driver of a commercial vehicle, you may be able to seek compensation from multiple parties. Depending on the facts of your case, the potentially liable parties may be the driver of the commercial vehicle, the driver’s employer, the company that repaired the vehicle, the company that manufactured the vehicle, or the company that hired the driver (if they had knowledge of the driver’s previous traffic violations and hired the driver anyway). Determining the liability of a certain party will be extremely specific to the facts of the accident; therefore, you need an experienced legal team that understands the ins and outs of commercial vehicle accident lawsuits.
The reason that a driver’s employer might be liable for the accident is due to the principle of “respondeat superior.” This principle states that an employer is responsible for its employees’ actions when such actions are performed within the scope of the employment. If driving a commercial vehicle is part of a person’s job, and that driver becomes distracted and causes an accident on the job, then the driver’s employer might be held liable for the accident. Liability in commercial vehicle accident cases is very fact-specific, so you should seek legal guidance from a skilled team of personal injury attorneys.
Let the Law Office of Cohen & Jaffe, LLP Help You Navigate Your Commercial Vehicle Accident Case
Being in a car accident is a stressful life event, and the situation can be even more stressful when the accident is caused by the driver of a commercial vehicle. Victims of such accidents may be unsure whether to seek compensation from the driver or the driver’s employer. Depending on the facts surrounding the accident, a victim may be able to hold multiple parties liable. Our experienced legal team can investigate your case and help you pursue the compensation you deserve from all potentially liable parties.
The Law Office of Cohen & Jaffe, LLP has a team of personal injury attorneys who are ready to discuss the facts of your case. Distracted driving has caused far too many accidents, and we believe the responsible parties should be held accountable. Call (516) 358-6900 or fill out our contact form to schedule your free consultation with us today.
