Joseph Crocker, 35, of Wolcott Injured In Galen Car Accident With Farm Truck While Riding Motorcycle Southbound On Route 414 In Wayne County
WAYNE COUNTY, NEW YORK (August 19, 2021) – A motorcyclist from Wolcott identified as Joseph Crocker was injured in a Galen farm truck accident on Route 414.
New York Highway Patrol are saying that the collision took place in the southbound lanes of route 414. Joseph Crocker was riding a motorcycle when a farm truck made a left turn in front of him.
The motorcyclist was not able to avoid the collision and hit the back driver side tire of the farm truck before being ejected. Paramedics were called to the scene of the collision in order to treat Joseph Crocker for his injuries.
He was taken to the Strong Memorial Hospital with serious injuries. Police interviewed the driver of the farm truck who remained at the scene. It remains unclear if that driver will receive any citations as a result of the crash.
Liability In Galen Farm Truck Accidents
Motorcyclists are at a disadvantage in car accidents twice over. First, they have a small profile and are more likely to be overlooked by drivers, especially when those drivers make left turns. Second, they lack the protection of enclosed vehicles and are more likely to be seriously injured in the event of a crash. This leads to nearly 5,000 motorcycle fatalities every year according to one report from the National Highway Traffic Safety Administration. There are a number of factors that could contribute to a car colliding with a motorcyclist including:
- Distracted driving
- Inclement weather
- Drug use
All drivers have a legal obligation to exercise due care in order to avoid causing collisions. This is especially true when a driver is attempting to make a left turn. According to New York Vehicle & Traffic Code 1141, drivers must yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or close enough to pose an immediate hazard. So many collisions every year are due to drivers that make dangerous left turns. In the vast majority of cases, drivers that make unprotected left turns in front of motorcyclists will be found at fault in the event of an accident.
If a truck driver was working at the time of a collision the company that they were working for could be held at fault. As a general principle, companies are responsible for the negligent actions of their employees – when those employees were performing actions that fall under the scope and course of their job duties. Courts will typically look towards two tests to determine if an employee was working within the course and scope of their job duties.
- The Benefits Test: The benefits test is satisfied when an employee’s pursuits on an employer’s premises are endorsed by the implied or expressed consent of the employer and are of some conceivable benefit to the employer.
- The Characteristics Test: The characteristics test is satisfied when an employee’s actions are common enough so that they could be deemed characteristic of the job they are performing.
Many companies will attempt to avoid liability for accidents by hiring truck drivers as independent contractors. Generally speaking, companies are not liable for the negligent actions of their independent contractors – unless those contractors were performing non-delegable duties. For example, the safety of a company’s employees is the responsibility of that company. This is true even if a third party company is hired to monitor safety standards. Victims of motorcycle accidents tend to suffer very serious and costly injuries including:
- Spinal cord trauma
- Brain injuries
- Broken bones
Any person that is injured in a motorcycle accident 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 most commercial trucks to carry between $750,000 – $5,000,000 worth of liability coverage depending on what they are transporting. It is crucial to be proactive after an accident. Evidence and medical records should be properly protected and preserved. It’s also a good idea to speak with an experienced truck accident attorney. An attorney can examine all of the facts of your case free of cost and let you know how much compensation you may be entitled to.
Investigating A Wayne County Truck Accident
We at Gersowitz Libo & Korek extend our best wishes to Joseph Crocker as he continues to recover. Any person that may have witnessed the collision should reach out to police. There needs to be some accountability for what happened for the sake of the victim. As personal injury attorneys and consumer safety advocates we are concerned by the recent rise of motorcycle accidents in New York. We care deeply that steps are taken to help keep all motorists safe. The vast majority of left turn collisions can be prevented when drivers slow down and check their surroundings before making a left turn.