Semi-Truck Accident In Seneca County Injured Asphalt Roller Driver On Route 89 In The Town of Ovid
SENECA COUNTY, NEW YORK (September 29, 2021) – The driver of an asphalt roller was critically injured in an accident with a tractor-trailer truck on Route 89 by South Cayuga Lake Road in the Town of Ovid.
Seneca County police officials are saying that the collision took place around 12:30 p.m. on Tuesday. The driver of the asphalt roller was hit from behind by a semi-truck attempting to overtake a vehicle.
A South Seneca Ambulance was called to the scene of the collision in order to help the asphalt roller driver. They were taken to the Strong Memorial Hospital in critical condition.
It remains unclear if the driver of the semi-truck will be cited for the collision. A full investigation into the Seneca County truck accident remains ongoing at this time.
Liability In Seneca County Truck Accidents
Nearly 5,000 people are killed in semi-truck accidents every year in the United States. Tens of thousands more are left with serious injuries. Factors that could influence the likelihood of a collision could occur days, weeks or months prior to a collision. These may include fatigue, distraction and inclement weather. There are a number of ways that commercial trucks can be particularly dangerous.
- Weight: A fully loaded commercial truck can weigh as much as 80,000 lbs.
- Stopping distance: A semi-truck traveling at 65 mph can take the length of two football fields to come to a complete stop.
- Turning Radius: Commercial trucks have a naturally large turning radius. A large turning radius can increase the chances of under-ride collisions.
Commercial trucks are held to a very high standard in terms of safety. Rear-end collisions are among the most common and preventable types of accidents. These types of accidents tend to occur when drivers follow other vehicles too closely. According to New York Vehicle & Traffic Law § 1129(a), “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” When a driver rear-ends another vehicle there is a rebuttable presumption that they acted negligently.
Consider, for example, the case of Johnson v. Phillips. According to the New York Supreme Court, Appellate Division, “By now it is well established that a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the second vehicle. This rule has been applied when the front vehicle stops suddenly in slow-moving traffic (Mascitti v. Greene, 250 A.D.2d 821, 673 N.Y.S.2d 206)” If a driver rear-ends a vehicle while working the company that they were working for could be held at fault.
When a worker is injured on the job in New York they will typically be entitled to worker’s compensation. Worker’s compensation in New York is a no-fault system that can help cover costs associated with injuries sustained on the job. But worker’s compensation may not be a worker’s only recourse. An injured worker may be able to seek aid through a third party liability claim. This may include the negligent operator of a commercial truck. There are a number of steps that should be taken after any truck accident.
- Employees injured on the job should let their employers know as soon as possible.
- Any person that is injured should seek treatment as soon as possible. Some people wait a day or multiple days to get treatment. This is typically a mistake.
- Eye witnesses that may have seen a collision should be interviewed.
- Surveillance footage of the accident should be sought.
Any person that is injured due to the negligent actions of a truck driver may be able to seek justice through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. The FMCSA requires commercial trucks to carry between $750,000 – $5,000,000 worth of liability coverage in the event of accidents. Sadly, though, truck companies will often fight extremely hard to deny liability for an accident. A Seneca County truck accident attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating A Seneca County Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the driver of the asphalt roller injured in this collision. Any person that may have information about what happened should reach out to police. There needs to be a thorough investigation into how this incident took place.
This accident raises a number of important safety questions. Have there been a history of accidents at this location? Was the truck driver involved in this crash compliant with FMCSA guidelines? Could this accident have been prevented? It is our sincere hope that steps are taken to prevent additional collisions like this one.