A delivery went sour for a trucking company in New York in December after the truck’s driver accidentally backed into the individual unloading its goods. Shortly after arriving at the destination and beginning to unload, the driver possibly failed to follow his duty of care and may have neglected to check behind him to see if the man had moved out of the path of the vehicle. The victim was seriously injured and transported to New York Community Hospital, where he remained for some time.
Although things appear to be cut-and-dry at first glance, this case has the potential to be quite complex. While the driver most certainly does have a duty of care to check thoroughly behind the vehicle and to drive safely, what isn’t known are other factors such as the following:
If the victim notified the driver that he was unloading
If either party was intoxicated or distracted
Whether the victim was standing in a blind spot
The operation of large trucks poses additional risks, and they have an increased chance of accidents like these simply because it isn’t always possible for the driver to see behind the truck. That’s why most follow specific safety protocols, such as having auditory backing-up signals and communication guidelines to ensure that all parties know where the others are at all times. This case is particularly interesting because it raises the question of whether a driver can be held responsible if these protocols aren’t followed.
In a surprising twist of fate, police did discover that driver Darren Danks was driving without a license. He was charged for the same and could face an additional personal injury suit if the victim decides to sue.
As you can see, accidents involving trucks can be complicated. If you have been hurt in a truck accident, a number of people or entities might have been responsible. This could mean the truck driver, the trucking company, and even the manufacturer of any faulty parts used on the truck. To discuss your case in detail during a free consultation, contact the attorneys at Greenstein & Milbauer, LLP at 1-800-VICTIM2 (842-8462) or reach us via our website.
