Some truck accidents can be inconvenient, but they may not necessarily be grounds for a lawsuit unless some kind of actual damage was caused. While traffic patterns may be affected and other drivers in the area can lose time, only victims who were affected significantly can make a claim against the business at fault in civil court.
A truck flipped over and prompted a large scale response from rescue crews on the West Shore Expressway in Staten Island.
Cement truck blocks expressway for several hours
The incident began when a cement truck overturned on the expressway overpass on a Wednesday afternoon just before rush hour traffic. The FDNY received an emergency call about the incident just after 2 pm and responded to the area near Arden Ave and West Service Road.
As of the time of the news report, there was one person on the scene who appeared to be injured, but they refused medical attention. After the fire department arrived, personnel with both the NYPD and emergency crews went to the scene also, to help clear and secure the area.
A tow truck had been brought in to lift up the overturned vehicle, and it was pulled off of the road at approximately 4:45 pm the same day. No information about the cause of the accident was available at the time.
Photos from the scene show a large towing vehicle with cables attached to the cement truck and a mix of emergency vehicles from various departments blocking the road while they worked.
Who will be able to file a case against the trucking company?
The business that owns the truck can ultimately be held responsible for any losses that are tied to injuries or property damage after a collision or accident. However, not all problems that other drivers in the area experience can be enough to bring a case against the trucking business.
People who merely experienced traffic delays or other inconveniences will not have standing to file a personal injury lawsuit. There needs to be some kind of individualized injury that results in tangible financial losses such as vehicle damage or medical costs for treatment. In the case of motor vehicle accidents, this means that there needs to be some kind of actual contact between the vehicles or debris from one of the drivers that causes physical harm.
How are fault and damages proven in a civil lawsuit?
Damages need to be traced to the driver at fault through the concept of causation. This generally means that the accident would not have happened if not for the careless actions of the defendant. This standard is measured against the general duty of care expected of all drivers. Things like speeding, improper lane changes, and going through stop signs can show that the relevant duty of care was breached. The ultimate issues regarding fault and causation in the case will be decided by a jury at the conclusion of a trial.
Get more information from a local lawyer in your area
While doctrines related to truck accident lawsuits can be complex, your attorney’s job is to explain the situation to you in easy to understand language. Jeremy Schiowitz is available to file a lawsuit on your behalf in Staten Island and nearby parts of New York City.