Negligent Supervision And New York Truck Accidents

Recognized Best Lawyer of America, Jed Dietrich, Esq., and His Superior and Top Rated Staff of Trial Lawyers, Attorneys and Paralegals at the Dietrich Law Firm P.C. Will Fight to Obtain the Best Result After Your Tractor-Trailer, Big Rig or Semi Truck Accident.

Who is liable for your crash with a tractor-trailer, big rig or semi truck? There are numerous parties involved in a truck accident injury case. The truck driver, as well as the truck company, may be responsible for your personal injury in Buffalo, New York; Rochester, New York or Niagara Falls, New York. In this scenario, you need the Dietrich Law Firm P.C. to aggressively and tenaciously handle your complex civil liability case and assist you with the voluminous paperwork. Call Jed Dietrich, Esq. and his superb staff of Buffalo, New York tractor-trailer accident lawyers, attorneys and paralegals at the Dietrich Law Firm P.C. today for a free consultation. We can be reached 24 hours a day at 716-839-3939.

Negligent supervision is a type of negligence where a supervisor, or supervisory party, allows dangerous or harmful conduct to occur.

Jed Dietrich, Esq. and his seasoned staff of experienced truck accident lawyers, attorneys and paralegals in Buffalo, New York often prove that a company that employed the truck driver who hit you is responsible via negligent supervision by:

1. Proving that the truck company accepted responsibility for the truck driver’s actions. Per the Federal Motor Carrier Safety Administration, commercial truck companies have a duty to repair and maintain all vehicles, regulate driver hours and ensure that employees are fit to operate semi trucks, big rigs and tractor-trailers.

2. Establishing that the truck company breached its duty to properly monitor its employees or trucks and was therefore negligent in their supervision. Reviewing maintenance reports, hours-of-service logs and deposing employees are measures that can be used to prove this.
3. Demonstrating that the injury sustained in the truck accident was a direct result of the company’s negligence, commonly referred to as the proximate cause of a personal injury.

When negligent supervision leads to a personal injury or harm, it is referred to as a tort. Torts allow an injured party to bring a civil lawsuit to sue a defendant for damages that were incurred as a result of the defendant’s negligent actions.

The Dietrich Law Firm P.C. is aggressive, tenacious and hardworking. We will diligently examine your case to determine which party is responsible for your personal injury in Buffalo, New York; Rochester, New York or Niagara Falls, New York. Call us today at 716-839-3939 so that we can battle to attempt to obtain the best result for YOU.

The Federal Motor Carrier Safety Administration sets the standards and regulations for the trucking industry in the United States. Truck companies have a responsibility to ensure that their vehicles are operating properly and that their employees are fit to drive safely.

Here are some examples of situations that could be deemed negligent supervision:

1) Improper Maintenance: At the end of a shift, operators are required to complete a “Driver Vehicle Inspection Report” (DVIR) that details all of the necessary maintenance and repairs that the vehicle needs. Truck companies are responsible for making these changes to ensure that the big rigs, semi trucks and tractor-trailers are safe for the road. If failure to do so results in an accident, the truck company will be held responsible under a theory of negligent supervision.

2) Violation of Hours-of-Service Regulations: The Federal Motor Carrier Safety Administration mandates that employees not drive more than 11 hours per day, and that they drive no more than 60 hours in a 7 day period. Additionally, drivers must take a 10-hour break before driving for 11 hours.

Truck companies place intense pressure on drivers to complete their routes quickly. The trucking industry is responsible for transporting 60% of the freight in the United States. As a result, truck drivers often violate these regulations in an attempt to keep up with their tremendous workload. When operators of tractor-trailers, big rigs and semi trucks are fatigued, there is an increased risk of an accident. If a truck company knowingly sends a truck driver on the road, who has driven more than the legal limit, and an accident ensues, both the driver and the truck company will be liable for the personal injury accident that occurs.

For more information about hours-of-service regulations and the risks of fatigued driving, click here.

3) Alcohol and Drug Use: In the Large Truck Crash Causation Study by the Federal Motor Carrier Safety Administration, researchers concluded that alcohol use, over-the-counter drugs and illegal drug use were significant factors that lead to truck accidents in the United States. According to Regulation 383.37 of the Department of Transportation, truck companies have a responsibility to place drivers “off-duty” if the drivers are found to have a traceable amount of alcohol in their systems. Therefore, if a truck driver is found to have ANY alcohol in their system, they should NOT be on the road. Driving under the influence of alcohol and drugs is extremely dangerous, and can lead to catastrophic damage to property, serious personal injuries and even death.

4) Suspended/Revoked Licenses: Commercial trucking companies have a responsibility to prohibit drivers with a suspended or revoked license from operating a tractor trailer, semi truck and big rig. Companies can be held vicariously liable for accidents that involve truck drivers who were not properly qualified.

If you, or a loved one, have been injured in an accident with a tractor-trailer, big rig or semi truck in Buffalo, New York, the trucking company may have been negligent. If this is the case, you need a superior lawyer and attorney with extensive experience in winning truck accident cases in Buffalo, New York to help collect evidence to prove negligent supervision and fight to obtain for the best result for your personal injury.

Recognized Best Lawyer of America Jed Dietrich, Esq. has a talented and elite staff of Buffalo, New York truck accident lawyers, attorneys and paralegals that understand the nuances of truck driver and trucking company liability. Call the Dietrich Law Firm P.C. today at 716-839-3939 so that our aggressive, tenacious and hardworking staff can fight for YOU. We are available 24 hours a day and 7 days a week. We will come to you and there is never a fee until we win for you.

Often, commercial trucking companies can be held responsible in a tractor trailer, semi or big rig truck accident case. In most circumstances, these companies have a larger insurance policy than individual drivers, which means that they have more money available to compensate you for your lost wages, expensive medical bills and pain and suffering.

Monetary damages can be awarded in a civil suit through:

1. Compensatory Damages; and
2. Punitive Damages.

Compensatory Damages are provided to pay for losses and expenses that are a direct result of a tractor trailer, semi or big rig truck accident. Examples include:

1. Lost wages;
2. Medical bills;
3. Property damage; and
4. Pain and suffering.

Punitive damages are awarded in addition to compensatory damages; these are available to punish a company for behavior that is grossly negligent or reckless. In a case involving negligent supervision, punitive damages could be awarded if a truck company recklessly neglects to properly maintain their vehicles, resulting in a fatal accident or serious personal injury.

You want the best law firm to handle your personal injury case in Buffalo, New York. After you have been hit by a negligent or reckless tractor-trailer driver, big rig operator or semi truck driver contact the Dietrich Law Firm P.C. Jed Dietrich, Esq. and the Dietrich Law Firm P.C. are an elite team with a top rated staff of truck accident injury lawyers in Buffalo, New York that are aggressive, tenacious and hardworking. We will zealously represent you in your fight against large commercial truck companies. If you have been injured in an accident with a tractor trailer driver, semi truck operator or big rig driver in Buffalo, New York; Rochester, New York or Niagara Falls, New York, call Jed Dietrich, Esq. at 716-839-3939.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!